Corporate Travel
Wellness-Trips
legal foundations of company outings
Company Outing: Your Legal Obligations and Options!
A company outing can boost employee motivation and strengthen team spirit. But what legal aspects need to be considered? From working time regulations to insurance cover, there are several factors to take into account. Do you need assistance with legally compliant planning? Contact us for individual consultation.
The topic, briefly and concisely
Participation in a company outing is voluntary, but the time is usually counted as working time. Those who do not participate must work.
Take advantage of the tax allowance of 110 euros per employee for up to two events per year to minimize costs. A well-planned outing can increase employee satisfaction by up to 20%.
Ensure that the accident insurance coverage is guaranteed by clearly defining the start and end of the excursion. Clear communication and involving the works council are crucial for a smooth and legally compliant process.
Planning a company outing? Learn all about working hours, insurance coverage, tax exemptions, and your employees' rights here. Get informed now!
Planning a corporate outing? A well-organised event can boost team spirit and enhance the working atmosphere. However, alongside fun and team building, there are important legal principles to consider. At GoTuro, your experts for unforgettable travel experiences, we show you what both employers and employees need to be aware of to ensure your corporate outing is legally compliant and successful. Our expertise in Adventure, Cultural, and Leisure Travel enables us not only to assist you with planning your outing but also to inform you about all relevant legal aspects.
In this article, you will learn all about the voluntary participation, the consideration as working time, the accident insurance coverage, the tax allowance, and the role of the works council. We provide you with practical tips on how to avoid misunderstandings and ensure a smooth process. This way, nothing stands in the way of a successful and legally secure corporate outing. Use our expertise to make your next corporate outing a complete success. For more information on our services, please visit our homepage.
Ensure Volunteering: Arrange Participation in the Company Outing Legally
Participation in a company outing is generally voluntary. This means that as an employer, you cannot force your employees to attend. This is an important aspect of the legal principles. Employees' personal rights must be respected, as Younited.de emphasises. However, there are exceptions, such as when contractual agreements or company agreements foresee participation. Even if the boss wants everyone to benefit from the team event, employees cannot be forced to participate due to their personal rights.
What happens if an employee does not wish to attend? The basic rule is: Anyone who does not want to participate is obliged to fulfil their working hours, as Personio.de explains. This means that the employee must carry out their regular work during the time of the company outing. There is no entitlement to holiday if they do not participate. It is important to communicate these aspects clearly in advance to avoid misunderstandings. Further information on the rights and obligations of employees can be found here.
Correctly account for working hours: Ensure compensation during company outings
Findet der Betriebsausflug während der regulären Arbeitszeit statt, so ist diese Zeit als Arbeitszeit anzurechnen. Das bedeutet, dass die Mitarbeiter für diese Zeit ihre reguläre Vergütung erhalten. Dies gilt auch für Teilzeitkräfte, die ihre reguläre Stundenvergütung bekommen, wie Younited.de ausführt. Es ist jedoch wichtig zu beachten, dass in der Regel kein Anspruch auf Überstunden besteht, auch wenn der Ausflug länger dauert als die reguläre Arbeitszeit. Ausnahme: Abweichende Regelungen in Betriebsvereinbarungen, wie sie beispielsweise im öffentlichen Dienst üblich sind.
The question of working time is particularly relevant for correctly implementing the legal foundations. If an employee does not participate in the company outing, they must work during this time. However, the employer is not always obliged to assign the employee a task, which can affect payment. Therefore, it is advisable to make clear arrangements in advance and communicate them transparently. Further information on the crediting of working time can be found here.
Minimise costs: Make optimal use of tax allowances for company outings
The costs for a company outing can quickly impact the budget. It’s good to know that there is a tax allowance that benefits you as an employer. Up to two events per year are tax-free, provided that the costs do not exceed 110 euros per employee, as explained by Papershift.com. This amount includes all costs incurred by the employer, such as food, drinks, travel expenses, and accommodation. It is important to note that this allowance applies per employee and per event.
If the costs exceed the allowance of 110 euros, the excess amount must be taxed. It is therefore advisable to keep an eye on the costs and adjust them if necessary to make the most of the allowance. Even though the employer is not obliged to cover all costs, a voluntary cost coverage has a positive effect on employee satisfaction. This can, in turn, positively impact the working environment and employee motivation. Further information on tax aspects can be found here.
Minimise safety risks: Ensure accident insurance coverage during company outings
An important aspect of the legal foundations is the accident insurance cover. The company outing is covered by statutory accident insurance if it was initiated by the employer, as explained by DGUV.de. This applies during the event and on the direct work routes. This means that employees who have an accident on their way to or from the company outing, or come to harm during the event itself, are covered by statutory accident insurance. However, it is important to note that there are also exclusions.
No insurance cover exists for accidents caused by excessive alcohol consumption or gross negligence. Family members or external participants are also not covered by statutory accident insurance. To ensure insurance cover, it is important to clearly define and communicate the start and end of the company outing. This serves to delineate the insurance cover. Further information on accident insurance cover can be found here.
Establishing Codes of Conduct: Avoid Disciplinary Actions during the Company Outing
Even during a company outing, the usual conduct rules apply as they do in the workplace. Inappropriate behaviour can lead to disciplinary actions. This is an important aspect to comply with the legal foundations. Even if the atmosphere is more relaxed, employees should behave in a professional and respectful manner. This is particularly true towards colleagues, supervisors, and external guests. Misconduct may result in warnings or, in the worst case, dismissal, as Personio.de highlights.
It is therefore advisable to communicate clear conduct rules in advance and promote appropriate behaviour. This can be done, for example, by referencing the company's applicable conduct guidelines. The employer should also intervene if necessary and prevent inappropriate behaviour. It is important to note that conduct rules still apply even after the official part of the company outing. Even if the outing is considered private, disciplinary actions can be taken if employees behave inappropriately. Further information on conduct rules can be found here.
Involve the works council: Use co-determination for successful company outings
The works council has no co-determination rights when it comes to deciding whether a company outing takes place. The same applies to counting the participation time as working hours, as explained by Betriebsrat.de. However, this does not mean that the works council plays no role in the planning and organisation of the company outing. It is advisable to involve the works council in the planning to consider the employees' interests and to achieve high acceptance.
For instance, the works council can advise on the choice of destination, activities, and scheduling. They can also help ensure that the company outing meets the needs and wishes of the employees. By involving the works council, as an employer, you can ensure that the company outing is a complete success and contributes to strengthening team spirit. Further information about the role of the works council can be found here.
Ensuring Equal Treatment: Avoid Discrimination on Company Outings
An important aspect of the legal framework is the principle of equal treatment. Basically, all employees have the right to participate in a company outing. This means that as an employer, you cannot exclude any employee from participating without a valid reason. Exclusion is only permissible if there is a compelling reason, such as disruptive behaviour in the past, as explained by Haufe.de.
Employees in the release phase must not be excluded without a valid reason. It is important to assess each case individually and ensure that the exclusion is proportionate. If there are milder means to curb disruptive behaviour, these should be preferred. The principle of equal treatment exists to prevent discrimination and to ensure that all employees have equal opportunities. For more information on the principle of equal treatment, please click here.
Ensure Legal Certainty: Clear Communication and Planning for Successful Company Outings
More useful links
The Deutsche Gesetzliche Unfallversicherung provides information about accident insurance coverage during company outings.
Bundesarbeitsgericht offers rulings and information on labor law, which are relevant for the legal assessment of company outings.
Bundesfinanzministerium provides information on the tax treatment of company outings.
Arbeitsagentur provides general information about the world of work and possibly also about team-building activities.
FAQ
What are the main legal considerations when planning a company outing?
The key aspects are the voluntary nature of participation, the consideration as working hours, the accident insurance coverage, the tax allowance (up to 110 Euros per employee for a maximum of two events per year), and the role of the works council.
Do employees have to participate in a company outing?
No, participation is generally voluntary. Those who do not wish to attend usually need to work during the time of the outing. There is no entitlement to time off if not participating.
How is working time counted for a company outing?
If the company outing takes place during regular working hours, this time is considered as working time. Employees receive their regular pay. Generally, there is no entitlement to overtime pay even if the outing lasts longer.
Which costs can be claimed for tax purposes?
There is a tax allowance of 110 Euros per employee for a maximum of two events per year. This amount covers all costs incurred by the employer, such as food, beverages, travel, and accommodation.
Are employees insured against accidents during a company outing?
Yes, the company outing is covered by the statutory accident insurance if it is initiated by the employer. This applies during the event and on direct routes to and from work. Excluded are accidents due to excessive alcohol consumption or gross negligence.
What role does the works council play in planning a company outing?
The works council has no co-determination right concerning the decision to hold a company outing. However, it is advisable to involve the works council in the planning process to consider the employees' interests.
Can employees be excluded from the company outing?
In principle, all employees have the right to participate. Exclusion is only permissible for a valid reason, such as previous disruptive behaviour.
What happens if employees behave inappropriately during the company outing?
The usual rules of conduct, as at the workplace, apply during a company outing. Inappropriate behaviour can result in disciplinary measures, up to and including termination.
