Belgium
Is an after-work a work-related activity?
An apparently “informal” event may qualify as a work-related activity, in particular where it:
- is organised or funded by the employer;
- serves a professional purpose (team building, engagement);
- creates (even implicit) pressure to attend;
- takes place under the employer’s authority.
In such cases, the event may be treated as working time and workplace, even outside normal working hours or away from the employer’s premises.
As a result, an accident occurring during the event — or even on the way home — may, depending on the circumstances, be classified as a work accident, since employees may still be deemed to remain under the employer’s authority.
While it is recommended to organise such events outside working hours and to clearly emphasise their voluntary nature, this does not automatically exclude a work-related qualification, depending on the circumstances.
The employer’s duty of care
In Belgium, employers are subject to a general duty of care under occupational well-being legislation, which may also extend to events organized outside the strict scope of normal working activities.
This requires the implementation of reasonable measures to ensure:
- Physical safety (appropriate venue, safe setup);
- Psychosocial safety (respect for individuals, prevention of inappropriate behaviour);
- Risk prevention, particularly where specific risk factors are present.
The greater the employer’s involvement in organizing the event, the higher their duty of vigilance.
Recommended practical actions:
- Set out clear rules of conduct (respect, appropriate behaviour, responsible consumption);
- Ensure proper supervision (including appointing a contact person);
- Clearly indicate, where possible, the start and end of the event to define the limits of the employer’s authority.
Alcohol: permitted… but strictly regulated
Alcohol consumption is common at after‑work events, but it also represents the main risk factor in this type of setting.
Key obligation: employers must ensure the effective application of their alcohol and drugs prevention policy, typically included in the work regulations, including during social or festive events.
The employer’s liability may be engaged if adequate measures are not taken to prevent excessive consumption — for instance, in the event of an accident involving an employee.
In addition, such events may give rise to sensitive HR issues (such as conflicts between colleagues or inappropriate behaviour), which the employer will subsequently need to address. Where relevant, this may require the implementation of disciplinary measures, ranging from a simple warning to dismissal (including dismissal for serious cause), or the use of internal procedures, such as formal or informal psychosocial interventions.
Recommended good practices (where alcohol is allowed):
- Provide non-alcoholic alternatives;
- Encourage moderate consumption and avoid excess;
- Promote or arrange safe transport options (designated driver, taxi, carpooling);
- Act proactively where an employee appears unfit to drive.
Key takeaway
A World Cup after-work event is never entirely neutral from a legal perspective.
As soon as a link with work exists, the employer assumes:
- an extended duty of care;
- a risk of qualification as a work accident;
- increased responsibilities concerning prevention (alcohol, behaviour).
With proper preparation and a few simple precautions, such events remain an excellent team-building tool within a framework that is both convivial and secure.
The Netherlands
Legal framework
The legal framework is formed by the employer’s liability under Article 7:658 of the Civil Code (BW) and, in addition, the standard of good employment practice under Article 7:611 BW. In this context, the terms ‘work’ and ‘workplace’ are interpreted broadly in case law. The employer’s liability is therefore not limited to the traditional working environment or working hours but may also extend to activities organized by the employer, such as staff drinks or company outings.
Whether and to what extent a World Cup get-together falls within this scope depends on the circumstances of the case. Case law takes into account factors such as the extent to which the event is related to the work, the employer’s role in organizing it, the business interest served by the activity, and whether or not participation is perceived as voluntary. Even where participation is formally voluntary, social pressure may exist in practice, leading to the assumption that there is a sufficient link to the work.
The employer’s duty of care
If such a work link exists, the employer has a far-reaching duty of care. This obligation means that the employer must take all reasonable measures to prevent any damages. This applies not only to physical safety but also to social safety for the employees, such as preventing inappropriate behavior. Furthermore, the scope of this duty of care may increase as the risk associated with the activity grows or as the employer’s influence over the organization becomes more significant.
In addition to the traditional application of Article 7:658 of the Dutch Civil Code, Article 7:611 of the Dutch Civil Code also plays an independent role in this context. Case law shows that even where there is no sufficiently close link to the work within the meaning of Article 7:658 of the Dutch Civil Code, the employer may be liable if they organize an activity involving particular risks and fail to take adequate safety measures. This is in line with the reasoning set out in the so-called ‘Roller Skating Workshop’ judgment (ECLI:NL:HR:2009:BH1996), in which the employer was held liable due to a lack of adequate instructions and protective measures, despite the recreational nature of the activity.
The significance of this duty of care becomes particularly apparent in practice in situations where alcohol consumption is a factor. Case law shows that employers can be held liable if, having regard to the circumstances of the case, they fail to take sufficient measures to mitigate (foreseeable) risks arising from alcohol consumption. For example, an accident during a company party – caused, for instance, by excessive alcohol consumption combined with an unsafe venue – may be attributed to the employer if the latter has failed to take sufficient measures.
For employers, this means that organizing a World Cup get-together requires a careful assessment of risks and the implementation of appropriate precautionary measures. These might include setting clear rules of conduct in advance, restricting or controlling the serving of alcohol, ensuring a safe venue and (where necessary) organizing supervision. It is also worth noting that risks are not necessarily limited to the duration of the event itself but may extend to employees’ journeys home.
Key takeaways
The key point is that the informal nature of a World Cup get-together does not alter its legal classification. As soon as there is a sufficient link to work, the employer may be deemed to bear responsibility for the safety of their employees. Practice shows that the assessment is highly case-specific and remains dependent on all the circumstances of the case. It is precisely for this reason that it is important for employers to consider in advance how the event will be organized and how risks can be mitigated, so as to strike a balance between a successful event and manageable legal exposure.
Luxembourg
Legal framework
On the occasion of the World Cup, many employers are considering organising afterwork events to strengthen team cohesion and enjoy a sociable event around the matches. While such initiatives are generally well received by employees, they nonetheless raise several issues under Luxembourg labour law that should not be overlooked.
The employer’s duty of care
Even when held outside normal working hours, an afterwork event organised at the employer’s initiative remains within the professional orbit. As such, the employer remains bound by its general obligation to ensure the safety and protect the physical and mental health of its employees. Its liability may therefore be engaged in the event of an incident occurring during the event, whether this involves an accident, inappropriate behaviour or a situation of harassment.
Alcohol consumption is, in this respect, a key point of attention. While alcohol is often served during such an event, it must be strictly regulated. Moreover, in the current heatwave context, it should be noted that, even if matches take place in the evening, the heat accumulated during the day may place additional stress on the body, with participants potentially already dehydrated when attending the event. Increased vigilance regarding hydration and the provision of sufficient water is therefore essential. Employers are advised to implement concrete preventive measures, such as limiting the quantities of alcohol served, providing non-alcoholic alternatives and reminding employees of the applicable internal rules (code of conduct, alcohol policies, or policies related to respect in the workplace). These rules of conduct should be communicated through appropriate channels, depending on the employer’s structure, in particular by email communications and workplace postings. Failing this, the employer’s inaction could be relied upon in the event of misconduct.
The festive nature of an afterwork event does not, however, suspend employees’ contractual obligations. Employees remain required to behave in accordance with company rules. Inappropriate comments, improper conduct or aggressive behaviour, even in an informal setting, may justify disciplinary measures. The employer must, however, ensure compliance with the principles of proportionality and proper evidence, relying on precise, real and serious facts.
The question of working time also deserves particular attention. In principle, an afterwork event organised outside working hours does not qualify as working time. However, if attendance is expected, strongly encouraged, or implicitly required, this qualification may be challenged. Such a situation may notably have implications regarding working time regulations or occupational accident coverage. It is therefore advisable to clearly state, by any appropriate means, that attendance is not mandatory.
Finally, the end of the event should not be overlooked. Where alcohol has been consumed, employers should raise awareness among participants of the risks associated with driving and encourage alternative transport solutions (public transport, taxis, etc.). This forms part of a broader risk prevention approach.
Key takeaways
An afterwork event organised during the World Cup can be an effective team-building tool, provided that it is properly anticipated and carefully managed. Clear prior communication, a reminder of the applicable rules and the implementation of appropriate preventive measures will help reconcile conviviality with legal certainty.
