What do the judges say?
According to case law, a staff party is considered a labour performance if all of the following elements are present:
- The party is funded by the employer;
- The employer applies moral pressure on employees to attend;
- Employees are under the authority of the employer during the party (even virtually);
- A manager is present at the party.
It is not important whether the staff party takes place during working hours or outside the company.
What does the law say?
The law defines an industrial accident as “any accident that occurs to an employee during and as a result of the execution of the labour contract and that causes an injury.”
Is it an industrial accident or not?
If all these conditions are met (accident, injury, and labour performances), the accident that your employee experiences will be classified as an industrial accident. Similarly, an accident that occurs while travelling from the party venue to home (or vice versa) will be considered a commuting accident.
A party soaked in alcohol?
Certainly not!
Remember that you have implemented an alcohol and drugs policy in your company. This obligation arises from collective labour agreement no. 100, concluded in the National Labour Council.
And what if my employee causes damage to third parties or violates traffic regulations as a result of the party?
You may be held liable. As an employer, you are civilly liable for the damage caused to third parties by your employee when the harmful act was committed during the execution of the labour contract. This concept is interpreted very broadly.
After compensating the victim, you can only seek recourse against your employee if they have committed fraud, a serious fault, or a habitual minor fault.
Finally, you are civilly liable for the payment of the fines imposed on your employee if they commit an offence in the performance of their duties.
Our advice: check what provisions you have included in your labour regulations for staff parties. If alcohol consumption is allowed, limit the amount consumed and ensure that all your employees get home safely (carpooling, public transport, etc.)!
Securex also offers insurances such as the Industrial Accident Insurance and BA Exploitation.
Are you interested? Email insurance.agent@securex.be
