Christmas party at work - rights and obligations of employees

The question can be answered with a legal „it depends“. In principle, it is up to the employer to decide whether or not to organize a company Christmas party. If there is a company agreement that regulates the organization of a Christmas party, then the employer is also obliged to organize one.

However, even without a company agreement, an obligation to organize a Christmas party can develop according to the principles of company practice. This happens if the employer always organizes a Christmas party over a period of at least three years and thus creates trust in the employees that this Christmas party will take place annually. However, this trust is excluded if the company practice is excluded in the employment contract or the employer has organized the respective parties on a voluntary basis.

In principle, the employer must invite all employees to a company Christmas party. As this is a company event, the employer may not treat employees unequally without a justifiable reason.

Something else therefore only applies if there is an objective reason for the disinvitation. This could be, for example, gross misconduct on the part of the employee at or in the run-up to the Christmas party. Urgent operational reasons, such as a shift or on-call duty taking place at the same time, can also justify an invitation.

Employees are not obliged to attend the Christmas party. Anyone who prefers to keep private and professional matters strictly separate can therefore cancel their participation in the company Christmas party with a clear conscience.

If the celebration takes place outside of working hours, the employee can organize and fill their free time as they wish. The employer may not interfere with this. If the Christmas party takes place during working hours, employees who do not wish to celebrate must work, unless otherwise agreed with the employer. If you want to finish work early, you also need the employer's consent.

This depends on when the celebration takes place. If the celebration takes place during working hours, then participation in the celebration is also part of working hours. In such cases, the employer may not simply order that the working time must be made up. This is because it interferes with the regulated distribution of working time. If there is a works council, it must be involved.

If the celebration takes place outside of working hours, it does not count as working hours. Employers therefore have considerable leeway when it comes to scheduling.

The company Christmas party is a company event and is therefore covered by the employer's accident insurance. Anyone who falls or injures themselves at the Christmas party enjoys full insurance cover.

This also applies if the Christmas party takes place outside the company premises, for example in a restaurant or mountain hut. The outward and return journeys are also insured in the same way as the normal way to work.

Company Christmas parties are not private events, but are inextricably linked to the employment relationship. The mutual obligations arising from the employment relationship therefore also apply during the party. This is because behavior at the party can also have an impact on the peace at work afterwards.

It is therefore advisable not to look too deeply into the glass during the evening. Anyone who misbehaves towards their boss, supervisor or colleagues risks a warning. In serious cases, this can also result in dismissal without notice.

Even if the party takes place outside of working hours and the company premises: anyone who becomes violent, insults colleagues or sexually harasses them must expect sanctions under employment law, including dismissal.