Can I accept Christmas presents from customers?
Receiving a gift from customers for the holidays: That sounds nice. But it can have its pitfalls. When employees should say no to Christmas presents.
Christmas stollen, food baskets with delicacies or perhaps tickets for sporting events or the theater: the Advent and Christmas season is the time for gifts, sometimes also in the professional environment, for example from customers. But are employees actually allowed to accept their Christmas gifts?
"I always advise employees to be careful here," says employment law specialist Alexander Bredereck. He recommends looking at the employment contract first. This is because the acceptance of gifts is often prohibited there or limited in terms of value. "Many companies also have compliance rules that regulate such cases in detail," says Bredereck.
Employees in the public sector and civil servants are subject to particularly strict restrictions. "Here, all benefits must be reported to the employer immediately," says Bredereck. "They may only be accepted with the employer's consent."
It is essential to comply with the employer's applicable regulations. If you don't, things can get very uncomfortable. "Violations can lead to a warning, dismissal and, in extreme cases, even criminal liability," explains the specialist lawyer.
Accepted gifts must be disclosed
And even if there are no explicit regulations on accepting gifts, irritation can arise if an employee accepts gifts. "Particularly if the gifts are valuable, the employer could assume that the actual motive is bribery rather than gratitude and recognition for services rendered," says Bredereck.
So if you want to be on the safe side, it's best to ask your boss how customer gifts should generally be handled. Small gifts of low value, such as printed lighters, pens or boxes of chocolates, are often permissible. However, if the value exceeds ten euros, caution is advised in any case, says Bredereck. "Before accepting valuable gifts, you should always ask for approval in each individual case."
And what if you fail to do this and have already accepted a customer gift? Then it makes sense to disclose the gift to your superior immediately, advises Bredereck, and to ask for information on how to proceed. His tip: also communicate the relevant regulations openly to the customer, "so as not to jeopardize customer relationships by refusing the gift, for example".
Read also:
- This will change in December
- German activists speak out in Dubai on suffering in Israel and the Gaza Strip
- Nuclear fusion - hype or solution to energy problems?
- Budget crisis fuels debate on citizen's income - Bas warns against populism
In some employment contracts, the acceptance of gifts from customers is either prohibited or limited in value. It's crucial for employees to be aware of these restrictions to avoid potential legal issues.
As an advisor, Alexander Bredereck often recommends employees in the public sector to report and seek approval from their employers before accepting any gifts from customers due to strict regulations.
Source: www.ntv.de
