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Company outing rights and obligations
Betriebsausflug: Your Rights and Obligations as an Employee – A Comprehensive Guide
A company outing is just around the corner? Are you wondering whether you have to participate and what rights you have? Participation is generally voluntary, but there are a few things to keep in mind. Learn more about your rights and obligations regarding the company outing and how to behave correctly. For further questions, we are happy to help. Contact us.
The topic, briefly and concisely
Participation in a company outing is generally voluntary, but there are exceptions due to company agreements or company practices. Find out about your individual rights and obligations.
Company outings during working hours are paid, but they generally do not result in overtime claims. Employers can enhance employee motivation and retention, which positively impacts productivity.
There is a tax-free allowance of 110 euros per employee for up to two company outings per year. Ensure appropriate behaviour during the outing to avoid disciplinary actions.
Find out if you are required to participate, how your working hours are counted, and what rules of conduct apply. Get informed now!
What is a company outing?
A company outing is an event organised by a company for its employees. The purpose of such an outing is varied: it can promote team spirit, boost employee motivation or simply offer a welcome break from the daily work routine. In German labour law, company outings are a subject with some specific regulations that are important for both employers and employees. It's important to understand that a company outing is more than just a pleasant gathering; it can also have legal and tax implications.
Why is it important to know your rights and obligations?
It's crucial to be aware of the legal framework surrounding the company outing to avoid misunderstandings and conflicts. As an employee, you should know whether you're obliged to attend, how your working hours are calculated, and what insurance benefits apply. Employers need to be clear about which costs are tax-deductible and what conduct rules apply during the outing. A thorough knowledge of the rights and obligations ensures fair conditions and harmonious interactions.
No entitlement to company outings? Know the exceptions!
No General Legal Claim to a Company Outing
In principle, there is no legal obligation for employers to organise a company outing. This means that as an employee, you have no general entitlement to one. However, there are exceptions to this rule, which can arise from a company agreement or what is known as a company practice. These exceptions are important to know, as they can, under certain circumstances, form the basis of your entitlement to a company outing.
Exceptions: Company Agreement and Company Practice
Company Agreement
A company agreement is a written agreement between the employer and the works council. It governs certain aspects of the employment relationship, including the organisation of company outings. Such an agreement is reached through negotiations between the employer and the works council and must be in writing. The contents can include details such as the frequency, scope, and financing of company outings.
Company Practice
A company practice arises when the employer regularly organises a company outing over a longer period (typically at least three years) without explicitly emphasising the voluntary nature of this benefit. This creates a customary right that may entitle employees to future outings. To avoid such a company practice, the employer should always highlight the voluntary nature of the event in the invitation, for example, using a phrase like "Participation in the company outing is voluntary." For further information on the legal framework, please click here.
Participation in the company outing: Voluntary, but with obligations?
Voluntary Participation in Company Outings
Participation in a company outing is generally voluntary. This means that as an employee, you cannot be forced to take part in such an outing, especially if it takes place outside of your regular working hours. This voluntary nature is an important aspect of labour law that protects your personal freedom and leisure time. However, there are certain situations where not participating may have consequences, particularly if the outing occurs during working hours.
Work Obligation if Not Participating
If the company outing takes place during your regular working hours, there is generally an obligation to work if you choose not to attend. This means you must be present at your workplace and carry out your regular duties, provided the company is not closed. The employer cannot force you to take a holiday if you do not wish to join the outing. It is, however, important to communicate with your supervisor in advance to avoid misunderstandings. For more information on your rights and obligations, see the Shiftbase Lexicon.
Exclusion of Employees
The principle of equal treatment plays an important role in the participation of company outings. This means the employer may not arbitrarily exclude employees from participating. An exception is only made when there is a need for essential positions (e.g., emergency service) to be staffed. In such cases, the employer must ensure that the selection of employees who cannot attend the outing is based on objective criteria and no discrimination occurs. Suspended employees generally have the right to participate as well, as anwalt-suchservice.de reports.
Working hours during a company outing: Regular pay or leisure time?
Betriebsausflug während der Arbeitszeit
If the Betriebsausflug occurs during your regular working hours, this time is counted as regular working time and your salary continues to be paid. This means that you are paid for the time spent on the outing as if you were at your workplace. However, there are no overtime claims, even if the outing lasts longer than your usual working hours. This applies as long as participation is voluntary.
Betriebsausflug außerhalb der Arbeitszeit
If the Betriebsausflug takes place outside your regular working hours, participation is considered leisure time. In this case, there is no entitlement to compensation or time off in lieu, unless there are different agreements made with your employer or a corresponding regulation in a Betriebsvereinbarung. It is therefore advisable to clarify in advance whether and how participation in such an outing will be compensated.
Regelungen für Teilzeitkräfte
Even for part-time employees, special regulations regarding working time during the Betriebsausflug apply. Part-time employees are only entitled to payment for the regular working hours that occur during the outing. If the outing lasts longer than a part-time employee's usual working hours, there is no entitlement to additional compensation unless there are separate agreements. It is important that part-time employees consider their individual working time models and, in case of doubt, coordinate with their employer. Additional information on this topic can be found here.
Costs and taxes for company outings: What does the employer cover?
Employer Coverage of Costs
It is common for employers to cover the costs of a company outing. This can include expenses for travel, meals, activities, and accommodation. However, in some cases, employers may require employees to share the cost. Whether a contribution is required and at what amount should be clearly communicated in advance. It is advisable to understand the exact cost arrangements before participating.
Tax Allowance
In Germany, there is a tax allowance for company outings. Up to two company outings per year are exempt from tax and social security contributions, provided the costs do not exceed 110 euros gross per employee (including accompanying persons). This allowance applies both to the employee and any accompanying persons. It is important to note that the allowance is per employee and event.
Exceeding the Allowance
If the costs for the company outing exceed the tax allowance of 110 euros gross per employee, the excess amount must be taxed as a fringe benefit. In this case, income tax and social security contributions are due on the excess amount. Therefore, it is crucial for the employer to document the costs carefully and comply with tax regulations. To apply the allowance correctly, a participant list is required, which can be submitted to the tax authorities. Further information on this topic can be found in the Works Council Lexicon.
Accident insurance coverage during a company outing: When are you insured?
Statutory Accident Insurance
During the official duration of a company outing, statutory accident insurance is generally provided. This coverage also extends to the direct route to and from the venue. A condition for this insurance cover is that the outing is initiated by the employer and a supervisor is present. The insurance cover applies if the accident occurs during the official event or on the direct route to it.
Exclusion from Insurance Cover
There are certain situations where accident insurance cover during the company outing is excluded. For instance, if the accident is due to intoxication, unauthorized detours, or occurs after the official end of the outing (during private activities). Therefore, it is important to conduct oneself appropriately during the outing and to avoid unnecessary risks.
Significance of the "Official Part"
The clear definition of the end of the official part of the company outing by the employer is crucial for accident insurance cover. Once the outing transitions into a private activity, the insurance cover ends. The employer should therefore clearly communicate when the official part of the outing ends and which activities thereafter are considered private. This can be achieved, for example, through a clear indication of time or an announcement by the supervisor. Further information on accident insurance cover can be found here.
Behaviour on a company outing: What is allowed and what is not?
Appropriate Behaviour
During a company outing, you are expected to behave appropriately. This means avoiding sensitive business topics, treating colleagues and supervisors with respect, and refraining from inappropriate actions. A company outing primarily serves to promote team spirit and relaxation, so a positive and harmonious interaction should be the priority.
Disciplinary Measures for Misconduct
Misconduct during the company outing may lead to disciplinary actions. This could include a warning or, in the worst case, even dismissal, especially in cases of alcohol misuse or breaches of company order. It is therefore advisable to behave responsibly during the outing and adhere to the applicable rules.
Use of the "Du" Form
Supervisors often offer the informal "Du" during a company outing. However, it is important to carefully interpret this offer in the subsequent work environment. The use of "Du" does not always mean that hierarchical boundaries are entirely removed. It is advisable, in case of doubt, to continue using the formal "Sie" until the supervisor indicates that "Du" is also preferred in the workplace. Further information on this topic can be found here.
Works Council and Company Outing: Who Has a Say?
No Right of Codetermination for the Works Council
The works council does not have a right of codetermination when it comes to deciding whether a company outing takes place. The decision to hold such an outing rests solely with the employer. However, the works council can be involved in the planning and organization of the outing, particularly regarding the design of the program or the choice of the venue.
Voluntary Works Agreements
There is the potential to enter into voluntary works agreements concerning company outings. However, such agreements depend on the employer's willingness. A works agreement can, for example, regulate details such as the frequency, scope, and financing of company outings.
Practical Involvement of the Works Council
Even if there is no formal right of codetermination, it is advisable to involve the works council in the planning of the company outing. This can help increase acceptance of the outing among employees and ensure that everyone's interests are taken into account. The works council can, for example, assist in selecting the program or resolving questions related to working hours and insurance cover. More information on this topic can be found here.
Company outings: More motivation and a better workplace atmosphere!
More useful links
Bundesministerium für Arbeit und Soziales provides information about your rights and obligations in the workplace.
Gesamtverband der Deutschen Versicherungswirtschaft (GDV) informs about the statutory accident insurance and its coverage during company outings.
Bundesagentur für Arbeit offers statistics and analyses on the labour market.
Bundesgesundheitsministerium provides information on occupational health protection.
Wikipedia provides information on the Works Constitution Act and the rights of the works council.
FAQ
Am I obligated to participate in a company outing as an employee?
No, participation in a company outing is generally voluntary, especially if it takes place outside of regular working hours. An exception only arises if a works agreement or so-called established company practice (regular outings over at least three years) establishes a claim.
What happens if I do not wish to participate in a company outing that takes place during my working hours?
If the company outing occurs during your regular working hours, you are required to work, unless the company is closed. Your employer cannot force you to take holiday, if you do not wish to participate.
Are company outings counted as working time?
Yes, if the company outing takes place during your regular working hours, this time is counted as regular working hours and your salary continues to be paid. However, overtime claims do not usually arise, even if the outing lasts longer.
What happens if I have an accident during the company outing?
During the official duration of a company outing, there is usually statutory accident insurance coverage. This coverage also extends to the direct route to and from the venue. The precondition is that the outing is initiated by the employer and a supervisor is present.
Is there financial support or a tax allowance for company outings?
Yes, in Germany there is a tax allowance for company outings. Up to two company outings per year are tax and social security-free, if the costs do not exceed 110 euros gross per employee (including accompanying persons).
Can my employer arbitrarily exclude me from participating in a company outing?
The principle of equal treatment plays an important role. Your employer cannot arbitrarily exclude employees from participating. The only exception is if key positions (e.g. emergency services) need to be filled.
What role does the works council play in the planning and execution of company outings?
The works council has no co-determination rights in the decision of whether a company outing takes place. However, they can be involved in the planning and organisation of the outing, particularly concerning programme design or the selection of the venue.
What should I be aware of regarding my behaviour during a company outing?
During a company outing, appropriate behaviour is expected of you. This means you should avoid sensitive business topics, behave respectfully towards colleagues and superiors, and refrain from inappropriate actions. Misconduct may result in disciplinary measures.
