The traditional end-of-year or Christmas party is an important time to celebrate achievements, thank teams and strengthen cohesion. These festivities contribute to a sense of belonging and corporate culture. But beware: your legal obligations don’t take time off!
Even if the event takes place outside normal working hours and off the premises, the employer remains responsible for the health, safety and dignity of employees. This responsibility is enshrined in several laws, including :
- Civil Code of Quebec, art. 2087: obligation to protect the health and safety of employees.
- Occupational Health and Safety Act (OHSA), art. 51: obligation to prevent risks to physical and mental integrity.
- Act respecting labour standards (LSA), s. 81.18 and 81.19: obligation to prevent and put a stop to psychological or sexual harassment.
Why is this important?
An accident occurring at a party organized or encouraged by the employer may be recognized as a work-related accident by the CNESST.
What’s more, inappropriate behavior or harassment can result in corporate liability. The courts have already confirmed these principles in several decisions, where inappropriate gestures at a party have led to dismissals validated by case law.
Best practices for a safe and successful event
Before the party
- Remind employees of internal policies (harassment, responsible consumption, social media).
- Inform employees of safe return options (e.g. cab, Operation Red Nose, carpooling or expense reimbursement).
- Appoint someone to oversee the process.
- Implement an alcohol management system (e.g. coupons, limited number of drinks, alternative with attractive non-alcoholic beverages).
- Check your company’s liability insurance and the risks associated with the event.
During the evening
- Ensure the presence of members of management to set an example and ensure compliance with the rules.
- Limit alcohol consumption (e.g.: closing the bar before the end of the evening or continuous food service).
- Keep an eye on the atmosphere and intervene quickly in the event of inappropriate behavior (if necessary, remove the person from the party).
- Take steps to prevent an intoxicated person from getting behind the wheel (e.g., drive home, cab).
Back in the office
- Follow up on incidents, reports and complaints (e.g., internal investigations, disciplinary measures).
- Keep all communications and attendance lists.
- Evaluate what has worked well and what can be improved for the future.
Conclusion
Beyond the festivities and smiles, the employer still has an essential responsibility: to respect his legal obligations and anticipate the risks associated with alcohol, cannabis, driving, harassment and any behavior that could compromise the health, safety or dignity of employees.
By adopting rigorous supervision practices, clearly communicating expectations and providing safe return measures, you can turn your party into a memorable moment… and one without incident.
Would you like to review or create your internal policies to better manage your events?
The Human Capital team is your ally! Contact us for personalized support and practical tools to ensure your celebrations are festive, safe and compliant with legal requirements.
An article by our Human Capital team
For further reading
- End-of-year festivities: what are the employer’s obligations?
- Office parties: tips for celebrating with peace of mind – Les Affaires
- Christmas Party – What are the employer’s obligations? | Langlois Avocats
- Occupational health and safety: when the office party gets out of hand, who can you turn to? | Actualités | Éducaloi
- Preventing harassment in the workplace – Amyot Gélinas
