Halloween at Work: What is Allowed – and What is Not?

"Labor law does not stop at Halloween - the existing rules naturally apply on October 31st as well," clarifies ÖGB labor law expert Verena Weilharter.

Halloween is a regular working day in Austria - and thus, as on any other day, the usual labor law regulations and obligations apply.

Halloween: Can I come to work in a (spooky) costume?

"It's best to clarify in advance whether it is allowed, tolerated, or not welcomed in the company for employees to come to work in costume or celebrate Halloween," advises ÖGB labor law expert Verena Weilharter. In principle, the choice of clothing is part of the privacy of employees, so there is generally freedom of choice here. However, there may be restrictions - for example, if an industry-standard appearance is required, such as in banks or law firms.

Employee protection, hygiene regulations, and safety rules must also be observed. "Those who must wear safety shoes cannot work barefoot or in high heels. And at the bank counter, a zombie costume will probably not be allowed," says Weilharter.

Can costumes be mandated?

Employees cannot be forced to dress up. "In general, Halloween costumes cannot simply be mandated," clarifies Weilharter. Exceptions apply, for example, to employees in costume rentals or at Halloween parties. The rule is: The costume must never be degrading or ridiculous and must be provided or paid for by the employer.

Furthermore, it is unreasonable to expect anyone to travel to work on public transport already wearing makeup. Therefore, the time spent changing and applying makeup at the workplace must be counted as working hours.

Is it allowed to drink alcohol at work on Halloween?

"A glass of wine or beer is usually not a problem - as long as the drink does not turn into a binge and the office becomes a party zone," says Weilharter. There is no general alcohol ban at work, but employees must not put themselves or others in danger - neither before nor during work or during breaks.

"If the employer imposes an absolute alcohol ban, I must adhere to it. Consumption can also be regulated by a company agreement," says the labor law expert. And: If the employer invites to a Halloween party during working hours, this time must be paid. If it takes place outside of working hours, participation is voluntary and unpaid.

More information on this topic can be found here: https://www.oegb.at/halloween_in_der_arbeit

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(Red)

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