Before we begin, I would like to say merry Christmas to one and all.
This article highlights the interplay of Labor Laws, jurisprudence, and the conduct of management and employees in Christmas Parties. This article will focus on participation in dances, games, and other activities during Christmas Parties, and will also take a practical and realistic approach on what usually happens during these events.
So the year is coming to a close and with that comes celebration for a good number of companies in the Philippines. Invitations are sent out to all staff of companies
scheduling a Christmas Party for a company in a large event hall, in their offices, or other venues.
As we all know, these festive celebrations carry with them heightened emotions and
more festive moods than usual – Alcohol is usually available in these parties in copious amounts, people are more likely to engage in behavior that is less professional and more friendly, and people tend to encourage and enable “party” behavior more.
In focus of this discussion is the dreaded Christmas Dance – and the question is posed: Can refusal to participate in a Christmas Dance be used as basis for the refusal to promote, reward, or otherwise give remuneration and benefits to an employee?
The answer to this question is a hard and fast no.
Article 297 [282] of the Labor Code provides that the following are the just causes for termination:
“ART. 297. [282] Termination by Employer. An employer may terminate an employment
for any of the following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of
his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer
or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized representatives;
and
(e) Other causes analogous to the foregoing.”
In practice, these same just causes and causes analogous thereto of lesser gravity, are also treated as bases for demerits and for measuring key performance indicators of employees.
Therefore, if the link between the refusal to participate in a Christmas dance is used as a metric for denying benefits such as a promotion, an employee may have a valid cause of action against an employer for the filing of a labor case.
So, if your jingle alarm bells are ringing, don’t hesitate to contact a lawyer and seek
assistance.
A word of caution, however, is that we need to also discern and analyze situations – If the conduct of management and/or your co-employees was generally friendly, then there might not be much reason to complain. If the conduct was hostile, then a cause of action may arise.
Other case studies highlighting other scenarios:
I. Clive Bellman v. Northampton Recruitment Limited
This involved a case decided by the Court of Appeal of the Royal Courts of Justice, Strand London. This case involved assault of a Sales Manager, who was also in charge of recruitment, by a Managing Director of a Corporation While drinking during after-hours in an unplanned extension the Christmas Party at a hotel lobby.
The Managing Director and the Sales Manager went outside of the hotel lobby, along with a few other employees. At that occasion, the Sales Manager questioned the appointment of a new employee of the Company and highlighted the fact that the new
employee was being paid substantially more than the other employees of the company.
In a fit of rage, the Managing Director punched the Sales Manager in his left eye area, resulting to a fracture in his skull, among other injuries.
The Court of Appeal of Strand, London granted the appeal stated that there was a close enough between the assault and the field of activities entrusted by the employer to its employee and held that the Company was vicariously liable with the Managing Director.
Therefore, in the field of Labor law, the fact that the extension of the Christmas party was unplanned and in another venue that was set for the Christmas party did not take the case out of the scope of Labor law.
So remember – party responsibly! The holidays become much more fun when there are no untoward incidents during these holidays.
We always encourage people to celebrate the end of a year because of the various accomplishments they have achieved and the challenges they have overcome. But if the jingle alarm bells start ringing, it might be a good idea to slow down.
Happy holidays to everyone!