Christmas in the workplace: legal framework
What are the regulations regarding alcohol, gifts, exceptional closing times, and vacations for Christmas in your expat country?
Is Christmas Day a holiday?
December 25 isn't a public holiday worldwide; it's primarily celebrated in countries with strong Christian traditions. Generally, you can't work on a public holiday unless your company's agreement says otherwise. The distinction between public and private sector jobs is crucial. While your employer has the authority to require you to work on Christmas Day, in reality, many private-sector employers prefer not to make their employees work on this public holiday.
Office closure and Christmas vacations
The situation varies based on your company and the regulations in place in your expat country. Your employer might choose to shut down the company over Christmas, which some businesses do during slower periods. In some countries, like France, closing the company for Christmas is at the employer's discretion, regardless of employee agreement. They are required to notify employees at least two months in advance. If there's no collective agreement, the employer can mandate that employees use their vacation time during the shutdown.
Is alcohol allowed at work for Christmas parties?
The rules depend on your expat country's Labor Code and your company's internal policies. If your workplace prohibits alcohol consumption, you must adhere to these rules to avoid potential sanctions. In cases where alcohol is allowed, there should be strict control and limitations on its consumption. Not all types of alcohol may be acceptable, and it's the employer's responsibility to prioritize safety. Failing to comply with these regulations may lead to significant sanctions. Keep in mind that Christmas drinks are not obligatory.
Christmas gifting
Does the employer have to offer gifts?
Although Christmas presents are a well-established tradition in several countries, they are not mandatory. The same principle applies in the corporate context. Employers are under no obligation to offer Christmas gifts. If they choose to do so, they must respect the non-discrimination principle. The gift is not a benefit outlined in a collective agreement. It should be offered to all employees or, at the very least, an entire category of employees without arbitrary exclusions based on factors like age, union membership, health status, etc. Additionally, there are legal limits on the value of the gift, and it must not be excessive.
Is gifting among colleagues the norm?
In many companies, it has almost become a tradition. Very popular in Canada, the United States, and the United Kingdom, Secret Santa has made its way to other regions, including Europe. It serves as a budget-friendly method for companies to celebrate Christmas. The concept is simple: you and your colleagues establish a reasonable price range that everyone agrees not to surpass. Each gift should fall within the price range. The goal is not to spend a fortune shopping but to share a nice moment with your colleagues.
In practice, the decision is yours. You have the option to maintain complete anonymity throughout the process. Nobody will discover that you're the mastermind behind the dubious "worst gift of the year" unless, of course, you can't help but crack a nervous smile while unveiling the infamous present. Secret Santa is your kind of Christmas fun if you find joy in being a professional of tasteless and useless gifts. On the flip side, some people are more sensitive to criticism and might not react well to potential teasing, which goes against the spirit of Secret Santa. The set budget for everyone serves as a reminder that the concept is more about sharing than the actual monetary value of the gift.
Another approach is the semi-anonymous gift system. You discover the person to whom you should give a gift through a draw. It's up to you to choose a present that your colleague will appreciate, and they won't learn your identity until they've unwrapped it. This method adds an extra layer of pressure since you know the recipient. It's advisable to be on good terms with them. If not, you can only hope the gift will positively affect your relationship.
Should you gift your colleagues?
There's no strict protocol involved here. There's no rule requiring you to give Christmas gifts to your colleagues. It can even turn into a diplomatic affair – the anxiety of not finding an appropriate and budget-friendly gift, the fear of disappointing someone, or the stress of becoming a laughing stock. Various concerns can potentially spoil the merry Christmas mood at work.
It's easy to overlook the fact that corporate life involves dealing with diverse personalities. Celebrations during Christmas and New Year don't automatically erase any existing tensions among colleagues. Secret Santa events will likely go smoothly in a more harmonious corporate environment. Additionally, the consent of all colleagues is necessary. This can be challenging, especially when decisions are made through a show of hands. No one wants to be the person seen as breaking the Christmas spirit. If you're not keen on exchanging gifts with colleagues, take a step back and try not to let it bother you too much. After all, Secret Santa only comes around once a year.
