“Labor law remains unaffected by Halloween, which means that applicable labor law will of course not simply be undermined on October 31st, i.e. Halloween!” emphasizes ÖGB labor law expert Michael Trinko. Halloween is a normal working day in Austria. And here, like on all other working days, certain rules and regulations apply.
Can I come to work in a (scary) costume?
When it comes to the question of whether you can come to work in costume, Trinko advises that “it is best to clarify in advance whether it is permitted, tolerated or not welcome in the company for employees to come to work in costume or celebrate Halloween. “
In principle, there are no generally applicable rules regarding clothing regulations in the company. In any case, the choice of clothing is part of the privacy of employees and therefore they are in principle free to decide about it in the work area.
However, there are limitations here too, emphasizes Trinko: “For example, a certain industry-standard appearance can be used in certain professions, such as: B. in banks or with lawyers, can be specified by the employer.”
When choosing clothing, employee protection and hygiene regulations must also be adhered to and the choice of clothing must not disrupt normal work processes. “Therefore, if safety shoes are required at work, you will not be allowed to come to work barefoot or in high heels. “You won’t be allowed to work at a bank counter wearing a zombie costume if your employer doesn’t allow it,” says the ÖGB labor law expert.
Can cladding be arranged?
Likewise, employees cannot be forced to dress up: “In general, Halloween costumes cannot simply be ordered,” says Trinko.
However, exceptions are possible. For example, if you work as a waitress at a Halloween party or work in a costume rental company. In such cases there is a limit: the disguise must not be degrading or ridiculous for the employee and must of course be provided or paid for by the employer.
Is it legal to drink alcohol at work on Halloween?
Nowadays people also like to toast with a glass of wine or beer on Halloween. “The drink must not turn into a “binge” and the office must not be declared a party area,” emphasizes Trinko and advises that you consult your superior in advance.
Important: There is no general ban on alcohol at work. However, employees must not use alcohol, medicines or addictive substances to put themselves in a state in which they could endanger themselves or other people. This applies before starting work, during work and during breaks.
In some cases there are strict special regulations for safety reasons, such as on construction sites or for truck drivers. “If the employer imposes an absolute ban on alcohol, I as an employee have to comply with it. In addition, the consumption of alcohol in the company can be regulated by a company agreement,” says Trinko.
And: If the employer invites you to a Halloween party during working hours, then this time must also be paid. If the celebration takes place outside of working hours, the visit is voluntary and unpaid.
More information on this topic here: https://www.oegb.at/halloween_in_der_arbeit
Photos from ÖGB expert Michael Trinko for your reporting can be found at: https://www.oegb.at/expertinnen-und-experten-des-oegb#michael-trinko