Can my employer force me to attend company parties?
June 9, 2022 | 40,00 EUR | answered by Bernhard Vollmann
Dear Sir/Madam Attorney,
I have been working as a graphic designer in a medium-sized company for five years. In recent months, my employer has been organizing more company parties, to which all employees were mandatory invited. However, I personally feel very uncomfortable at such events, as I am rather introverted and social situations with many people cause me stress. Despite my concerns, my supervisor made it clear to me that my attendance at the company parties is expected and is part of my job duties.
Now I am wondering if my employer can actually force me to attend the company parties, even though I feel uncomfortable and it is a huge mental burden for me. Are there any legal regulations that govern my obligation to attend such events? What options do I have if I refuse to attend the company parties? Could this have negative consequences for my employment relationship?
I would greatly appreciate your legal assessment on this matter and thank you in advance for your help.
Sincerely,
Martina König
Dear Mrs. König,
Thank you for your inquiry regarding your employment relationship and your obligation to participate in company parties. As a labor law attorney, I can provide you with the following information.
In general, an employer is entitled to give certain instructions to their employees within the scope of their directive authority. This includes participation in company events such as company parties. However, there are also limits to this directive authority.
In your case, it is important to know that your psychological burden from attending the company parties is a significant aspect to consider. If you feel uncomfortable and perceive this as a major burden, it may be considered as a personal hardship case. In such cases, it would be advisable to have a conversation with your employer and explain your situation to him.
There is no specific legal regulation governing your obligation to attend company parties. However, within the framework of the Occupational Safety and Health Act, the employer also has a duty of care towards their employees. This includes taking into account the health and well-being of the employees. Therefore, if you can prove that attending the company parties poses a significant psychological burden for you, this could justify your refusal.
If you refuse to attend the company parties, you should not do so without explanation. Have a conversation with your employer, explain your situation, and try to find a solution that is acceptable for both parties. If your employer still insists on your participation and threatens you with negative consequences, you should seek legal advice.
Overall, I recommend that you communicate openly with your employer, explain your situation, and work together to find a solution that is acceptable for both parties. If conflicts arise, as an employee, you also have legal options available to represent your interests.
I hope this information has been helpful to you. If you have any further questions, please feel free to contact me.
Sincerely,
Bernhard Vollmann
