Dr. Till Bender, attorney at DGB Rechtsschutz GmbH
Entitlement under an employment contract or company practice
However, an employee’s entitlement to time off may arise from a collective bargaining agreement, a voluntary company agreement, or a provision in the employment contract. If no such agreement exists, a claim to time off from work may, in some cases, be derived from what is known as “company practice.” This claim, developed through case law, exists when the employer regularly repeats a certain course of conduct from which employees can infer that a benefit or privilege is to be granted to them on a permanent basis.
No Self-Granted Leave
If there is no entitlement to paid time off, the employee must submit a leave request. Only if the employer approves the request may the employee stay away from work on that day. If the leave is not approved, the employee should under no circumstances take time off on their own initiative or attempt to force the employer to grant it by threatening to call in sick that day: Threatening to call in sick if leave is not granted may result in termination without notice.
However, taking time off to compensate for overtime is an option. Here, too, the company’s applicable regulations for using time credits must be observed.
Live Broadcast of the Carnival Parade
If an employee cannot get time off, some may at least want to listen to the live radio broadcast of the Carnival parade. This is legally permissible only if it does not interfere with work.
Under the employment contract, the employee is obligated to perform the work assigned to them properly. They must work with focus and care and may not interrupt their work to pursue personal interests. Therefore, if listening to the radio does not interfere with the proper fulfillment of their obligations under the employment contract, it does not constitute a breach of those obligations.
In companies without a works council, the employer may, within the scope of their managerial authority, prohibit listening to the radio either generally or during specific times. In companies with a works council, such a rule cannot be imposed unilaterally: The issue of listening to the radio concerns workplace order and is therefore subject to co-determination.
Alcohol Consumption
Whether alcohol may be consumed during Carnival or on other occasions is also a matter of workplace order. If there is no works council, the employer may regulate this autonomously based on their right to issue instructions. In any case, however, it is important that all employees refrain from endangering their work performance and workplace safety through alcohol consumption.
Cutting Off the Tie
It is a common custom to cut off the ties of male colleagues—and especially supervisors—on Weiberfastnacht. Particularly in major Carnival hubs, the potential victims have come to expect this and will not take offense. Anyone who does not want their tie cut off should, at the very least, refrain from wearing a tie on Weiberfastnacht or wear only one that they can easily do without. Such precautions help avoid legal disputes later on and promote harmony in the workplace.
Nevertheless, caution is advised: Cutting off a tie constitutes property damage. The victim therefore has the right to defend themselves against it.
Dressing Up at Work
Whether you’re allowed to come to work in a costume depends on where you work—especially whether you have customer contact. Most people probably wouldn’t mind if, on Rose Monday, a salesperson with a clown nose handed them their rolls or doughnuts, but the situation might be different with a bank advisor.
It is also essential to wear protective clothing where it is required. Even in the heartlands of Carnival, a construction worker’s hard hat cannot be swapped for a jester’s cap.
Accident Protection for Carnival Revelers
Now, some workforces might consider organizing their own Carnival party. For such a company-sponsored Carnival party, the general rules regarding accident insurance coverage apply:
If the party serves to foster a positive work environment and is open to all employees, employees are covered by statutory accident insurance during the party and on their way to and from the event. The sole determining factor for accident coverage is whether the party is organized at the employer’s initiative.
This is generally not an issue if the company party is organized by the employer, but even a party organized by the employees themselves may be covered by accident insurance. The key factor is that such a party has been agreed upon with the employer.
IG Metall members receive free legal representation before labor and social courts, if necessary, from attorneys at DGB Rechtsschutz GmbH . The first point of contact in case of problems is the local IG Metall office. For more information on this here.
