Organizing parties for festive events or seminars within or outside the company. It can be a good way to bring together staff, unite teams or get closer to partners or customers. These wedding festivals raise several questions. Employee attends a corporate event. Is it then working time. Who is responsible to arrange festive events if a problem arises during or after the party. There are many questions and others we are answering in this dossier.
Employees attends a party corporate event planner
No article of the Labor Code regulates the organization of festive corporate evenings. In fact, there is celebration and celebration.
Some festive events organized by the employer are intends solely to offer employees a good time.If behind the stated expectation lies a desire to strengthen ties between work colleagues.
There are those who appreciate and go there willingly.
From a legal standpoint. The employee is not required to attend. In some cases especially when it is an event organized outside of working hours. He is, therefore, free not to go there, without cause, and his absence cannot be faulty, nor justify a sanction.
Why Attending a party is mandatory?
If the event takes place during working time. The employee not wishing to participate in it must make himself available. To the employer to carry out his work. He entitles this case, to payment of his salary.
But there are also other types of events that are like work seminars. We offer discussions around a strategy preparation for a product launch. Employees often divide their days between work. It is pure leisure (spa, hiking, etc.) There are others that are not really (role-plays or other team activities).
Seminars in Festive Events
Seminars of a professional nature consider as effective working time. They are as such compulsory. Refusing to participate can then be qualified as an act of insubordination. It is unless the employee invokes a refusal to participate in an activity that endangers him.
Distinguishing between these two types of events is not necessarily easy. Seminars are not always purely festive or purely professional …
Festive events: when to consider it as a social and cultural activity (ASC)?
Can a “festive evening” even an organizer attend an event by the employer that is a big event as an ASC?
The stakes are high. If it is an ASC, the works council can take back control of the organization. This is of this evening and above all claim the sums devoted to it by the employer.
By organizing this evening, the employer was not trying so much to improve the conditions of the well-being of the employees as to federate and re-mobilize its teams so that they are more efficient at work!
Consequently, it is not a question of an ASC. The works council is not justified in claiming the budget allocated to this evening to develop its social policy.
But what is a social and cultural activity?
Article L. 2323–83 of the Labor Code defines this notion as follows. The works council ensures, controls, or participates in the management. It is of all social and cultural activities established in the company. The primarily for the benefit of employees, their families, and trainees. No matter whatever the method of financing. It is under conditions determined by decree of the Council of State.
This article does not give us a precise indication about ASC. It is content to enact for the benefit of the CE a monopoly on the management of social and cultural activities. It is to refer to a decree in the Council of State to know a little more about the nature of these activities.
So when can we consider that a festive events evening organized by the employer is an ASC?
The judges, to say that it was not an ASC. It is under consideration that if the annual evening offered by the employer to its employees. It takes place in a festive setting, its purpose was to present the annual report. The prospects of the company and to ensure cohesion within the company. Therefore, this event was an element of management. The employer of its staff was not part of social and cultural activity.
Where do you draw the line between an evening? It is like an ASC and one that is not. The judges do not say in absolute terms.
Festive events: can we ban alcohol consumption in the internal regulations?
Some employees cannot imagine partying without consuming alcohol.
Let us not forget that the employer has an obligation of result in matters of health and safety. He must be aware of the danger to which he exposes the employees and do everything to protect them. As such, it would seem possible to decide that if a festive event takes place in the company. It organizes by the wedding planners near me. The employees, or the works council, it will be alcohol-free and to record. It in the internal regulations. or by memo.
Festive Events and their Effect
Also, it does not seem that the employer can impose a general. An absolute ban on all alcohol consumption in the company. It is to except in a particular situation of danger or risk for the employee or for third parties. If there is a prohibition, it must be proportionate to the aim sought. The employer must justify a particular danger for the employee or third parties.
Festive events: can we ban alcohol consumption in the internal regulations
However, the employer hires a party planner near me to organize a party. inside or outside the company, must take all precautionary measures. to ensure that the return journey goes smoothly.
He is advised to take preventive measures: make breathalyzers available. organize a shuttle or carpooling system, ask that “evening captains” who do not drink alcohol. voluntarily appoint themselves to accompany their colleagues who are not in driving condition.
If a traffic accident occurs after a festive event organized by the wedding planner near me. in or outside the company, during or outside working hours. he could be prosecuted for failure to assist a person in danger.
Can an employee who behaves badly at a party?
If the evening is held outside the time and place of work. the employee is no longer under the subordination of the employer and his acts fall within his personal life. They normally escape the disciplinary power of the employer.
The Court of Cassation legitimized the dismissal for serious misconduct. It is pronounced against this employee by his employer. Then, consider that the employee’s behavior, even during parties organized after work. It links to his professional life as soon it commits acts against persons with whom he is in contact by virtue of his duties.
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