Alaaf and Helau: Labor law during Carnival

Carnival spirit, yes – recklessness, no! Here's how to get through Carnival safely and without legal trouble. A labor law expert offers tips.

This article is part of the special topic Termination: How to do it right

Until Ash Wednesday, everything in the carnival strongholds is in a proverbial "state of emergency". But the obligation to work stands in contrast to the revelry. Prof. Dr. Nicoloai Besgen, specialist lawyer for employment law, It provides legal tips that bosses and staff should heed during the carnival season.

Free time for Carnival? 

Women's Carnival and Rose Monday are not as statutory Holidays, Therefore, there is no paid vacation. Custom or tradition also does not create an entitlement to days off. Anyone who loses their job leaves to participate in a move or celebration, refuses to work. The employer is not permitted to do anything in this case. warn and without notice in case of repetition quit. Threatens Even if someone calls in sick when they are not granted short-term leave, this is also considered grounds for immediate dismissal.

Alcohol at the workplace

Every employee must ensure that alcohol is within their rights. performance or Safety not impaired at work. The employer may No alcohol check He may carry out such actions against the will of an employee. However, if he notices that someone is no longer able to work properly due to alcohol, he may send them home immediately, i.e., suspend them.

No free rein at the company party 

Respect remains a must even at the company carnival celebration. The office carnival party should not be used as an opportunity to "tell the boss what you really think." Anyone who criticizes him or his colleagues... insulted, risks immediate dismissal TerminationA "cartel license" does not protect anyone from consequences under labor law.

Cutting off the tie is allowed

If the assistant cuts off the boss's tie on Women's Carnival Day, it usually goes unpunished. With a Rhinelander, however, one can assume he'd play along. knows and tolerates.

Costumes in the office

Many also celebrate at work and come disguised to the office. As long as the suit covers the work. not disabled, There's nothing wrong with that. The important thing is that customer contact, safety, and the work environment don't suffer. 

No tolerance for harassment

The sexual harassment The fun stops there. This includes unwanted touching, suggestive remarks, or other sexual acts. Such behavior remains prohibited even at company parties. In serious cases, it justifies immediate dismissal. Termination, in all cases at least a warning.

Sick after Carnival

Many people call in sick after Carnival because they caught a cold or injured themselves while celebrating. Those who contract an illness in cold weather or due to exhaustion are wearing... no guiltInjuries sustained during Rose Monday parades also generally entitle the employee to continued payment of wages.

Conclusion

"Carnival does not suspend the work obligations of individual employees," emphasizes Prof. Besgen. "Even during Carnival, the rules apply." no exceptions from general principles of labor law. On the contrary: The carefree and relaxed atmosphere can lead to harsh disappointments in labor law. This applies not only to sexual harassment, but also for excessive alcohol consumption and indebtedness Incapacity for workIf an employee violates their duties, they must expect a warning, a yellow card under labor law. In serious cases, they face dismissal – possibly without notice. TerminationThere is no carnival bonus. Employees should be prepared for this to avoid a hangover on Ash Wednesday.

The advisors at the Chambers of Crafts will be happy to help you with any legal questions!

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