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Company outings and employment law: What employers and employees should know
Expert article in labor law
Company outings and employment law: What I should know as an employer and employee
The annual company outing often evokes mixed feelings – for some it's a highlight of the workday, while others see it more as an obligation. But regardless of individual perceptions, from an employment law perspective, the company outing regularly raises significant questions. Are employees required to participate? Who is liable in the event of an accident? And what regulations apply to alcohol or leisure activities?
As an experienced employment lawyer, I clarify the most common legal pitfalls associated with company outings and point out what employers and employees should pay attention to in order to avoid conflicts.
Is the company outing considered working time or leisure time?
Many employees appreciate company outings as a welcome break from the daily grind. But how is participation viewed from an employment law perspective? Is it paid working time or a voluntary leisure activity?
In my opinion, from an employment law perspective, if a company outing takes place during regular working hours, it is generally considered to be such. Employees do not have to make up the time spent participating and receive their normal salary.
I can check on a case-by-case basis whether there are any special features to consider in the employment contract or in company regulations – for example, in the case of shift work, part-time work or special leave.
Mandatory participation in company outings – what is relevant under labor law?
Whether employees are obligated to participate in a company outing depends primarily on whether the event takes place during regular working hours. In this case, the company outing is generally considered working time, and I can mandate participation.
However, there is no general obligation to participate in every type of company outing. Those who do not wish to participate in certain activities – such as a hike – are not automatically excused from work. Instead, they are required to perform their regular duties. In many companies, this is mitigated by the fact that some employees remain on-site anyway, for example, to answer the phone or maintain operations.
Events that take place outside of regular working hours – for example, in the evening or on weekends – where attendance is nevertheless expected, are particularly problematic. This includes, for example, excursions combined with training courses or networking events. From an employment law perspective, it must be determined whether attendance is actually mandatory or whether the event is voluntary.
Employees and employers should clarify which rules apply in a specific case as soon as possible. Legal advice in employment law provides legal certainty in this regard.
Do you have questions about mandatory participation in a company outing, or would you like to ensure your internal regulations are legally compliant? Feel free to contact me – I offer expert and personalized advice on all employment law matters.
Company outing and sick leave – is a doctor's certificate necessary?
Since a company outing is considered working time under labor law, the usual obligations in case of illness also apply. Anyone who falls ill on the day of the outing must report their incapacity for work properly – just as on any other workday.
If the employer requires a doctor's certificate from the first day of illness, as stipulated in the employment contract or company policy, this obligation also applies if a company outing is planned for that day. In this case, a doctor's note is necessary to prove incapacity for work and to avoid potential employment law consequences.
I recommend that employees ensure they report their illness promptly and comply with all documentation requirements. Employers should also establish clear procedures for sick leave certificates to avoid misunderstandings.
Are you unsure how to proceed correctly as an employer or employee in the event of illness during a company outing? As a lawyer specializing in employment law, I offer you legally sound advice on topics such as the obligation to provide a medical certificate, incapacity for work, and company regulations.
Accident during the company outing – who bears the responsibility?
If an accident occurs during a company outing, the question of liability and insurance coverage quickly arises. Generally speaking, if the outing is organized by the company and the entire staff or a complete department is officially invited, the participating employees are usually covered by statutory accident insurance.
An accident during the official part of the company outing is then treated as a workplace accident. Insurance coverage includes not only the event itself, but also the journey to and from it – comparable to the commute to work.
It is important that the company outing is a company event and was initiated by the employer. Private activities outside the official program or voluntary extensions of the trip may be excluded from insurance coverage.
Do you want to find out if your case constitutes a workplace accident or if you are covered by insurance? As an employment lawyer, I offer comprehensive advice on all questions regarding liability, accident insurance, and company events.
Insurance coverage for a company outing – how long is it valid?
When it comes to insurance coverage during company outings, the crucial factor is how long the event is considered the "official part." This is where a common pitfall in labor law lies: statutory accident insurance coverage through the employer only applies during the official part of the outing – including travel to and from the event. This coverage ends after that point.
Many companies specify exactly when the official part of the company outing ends. This might be a specific time or tied to a particular event, such as "after the play" or "after dinner." If I stay with the employees in a private setting afterward, it becomes a private event from that point on—and statutory accident insurance coverage no longer applies.
Problems arise when no clear end date is defined. If the company outing is announced with an open-ended statement like "ending with a barbecue," the insurance assessment becomes more complicated. In such cases, insurance coverage is based on comparable company celebrations: As soon as I leave the event or employees pay for their own drinks, the official part is generally over – an accident would then no longer be covered by the employers' liability insurance.
<pIch sollte daher im Vorfeld klar kommunizieren, wann der offizielle Teil des Ausflugs endet. Mitarbeitende wiederum sollten bei Unsicherheiten gezielt nachfragen, um ihr eigenes Risiko besser einschätzen zu können.Do you want to clarify, in a legally sound manner, how long insurance coverage lasts during a company outing – or would you like to find out if your case constitutes a workplace accident? As a lawyer specializing in employment law, I offer expert advice on liability, accident insurance, and company events.
Is the company outing to be considered a purely private event after the official part?
After the official conclusion of the company outing, the subsequent get-together is legally classified as a private event – particularly with regard to insurance coverage. Neither the employer nor the statutory accident insurance is responsible for accidents or other incidents. However, this does not mean that employment law obligations are completely suspended.
Even after the official part of the meeting, certain basic principles of labor law still apply. Confidential information remains subject to confidentiality obligations, and statements made – for example, regarding promotions or salary increases – should be viewed with caution on the next workday and not considered binding.
Things become particularly sensitive when employees or managers cross boundaries after the official part of the outing. Even in a relaxed atmosphere, misconduct such as sexual harassment, insults, or other boundary violations can have consequences under labor law – up to and including a warning or dismissal. Criminal prosecution is also possible.
Employees and managers should be aware that the work environment is not entirely "private" even after the official end of a company outing. Maintaining a professional demeanor remains crucial, regardless of the setting.
Are you interested in the rules of conduct to follow during a company outing, or are you facing employment law allegations after a company party? As an employment lawyer, I offer discreet and competent support for all your questions regarding company events and the associated employment law consequences.
Summary: Do's and don'ts for company outings – acting in compliance with labor law
A company outing is meant to foster team spirit – but it can also lead to legal pitfalls. These guidelines can help avoid unnecessary conflicts between me as the employer and my employees:
Do's – what is allowed and recommended:
- Clarify participation: Check whether it is a mandatory event during working hours – and clarify your participation early on.
- Note the sick leave notification procedure: Anyone who is ill must report their incapacity to work as on a normal working day – including a medical certificate if necessary, from the first day.
- Know your insurance coverage: Pay attention to when the "official part" begins and ends – only this part is covered by accident insurance.
- Follow the rules: Even in a relaxed atmosphere, basic employment law obligations apply – such as confidentiality or correct behavior towards colleagues.
- Define the official end time (for me as the employer): I should clearly define when the insured part of the event ends in order to avoid liability risks.
Don'ts – what you should avoid:
- Unexcused absence: For mandatory field trips, unexcused absence is to be treated like unexcused absence from the workplace.
- Alcohol-related misconduct: Excessive alcohol consumption can lead to misconduct – with possible consequences under labor law.
- Transgressions: Insults, sexual harassment, or physical assaults do not go unpunished even after work hours.
- False promises: Statements about salary or promotion made in a casual setting are not legally binding – and can lead to misunderstandings.
- Private extension without insurance: After the official part, there is no longer any insurance coverage – in case of accidents, I as the employer am not liable, nor is the employers' liability insurance association.
Tip for employers: A written invitation with clear details about the schedule, start and end of the official part ensures legal clarity and protects against misunderstandings.
Do you need support in planning your company outing in a legally compliant manner, or would you like to reduce employment law risks? Contact my law firm specializing in employment law – I would be happy to advise you.
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FAQs – Frequently Asked Questions about Company Outings
Whether participation is mandatory depends on whether the company outing takes place during regular working hours and was ordered by the employer. Outside of working hours, participation is generally voluntary.
If the company outing takes place during regular working hours, it is generally considered working time. Employees receive their usual pay and are not obligated to make up the time.
If an employee is unable to work, the usual sick leave notification requirements apply. A correct sick leave notification is necessary – possibly also with a doctor's certificate.
Yes, if the employment contract or company regulations stipulate that a medical certificate must be submitted from the first day of illness, this also applies to a planned company outing.
Officially organized company outings are generally covered by statutory accident insurance – including the journey to and from the event – as long as it is the official part of the event.
Accidents that occur during official company outings are generally considered workplace accidents and are covered by statutory accident insurance. However, private activities are not covered by this insurance.
Insurance coverage applies only during the officially designated part of the event. After its conclusion – for example, during a private gathering – the statutory accident insurance coverage expires.
Yes, after the official end, any further gathering is legally considered private. Accidents are no longer covered by insurance, but employment law obligations remain in effect.
Yes. Even during company outings, insults, sexual harassment, or other boundary violations can lead to warnings, dismissals, or even criminal prosecution.
I recommend that employers clearly define the start and end of the official part, clearly communicate the conditions of participation, and clearly define regulations regarding insurance coverage and conduct.
