Is it mandatory to provide complimentary water for consumption at the workplace?
In Germany, specialist employment lawyer Peter Meyer highlights the importance of providing suitable drinks at work, especially during hot weather. According to the Technical Rules for Workplaces, employers are required to offer drinks when air temperatures exceed 26 degrees Celsius, and must do so when temperatures exceed 30 degrees Celsius.
Meyer explains that a company practice can create an expectation for employees regarding free drinks at work, and the establishment of such a practice does not necessarily require a formal agreement. He further adds that the obligation for free drinks at the workplace can be implied based on the employer's repeated actions, and can even arise from a works agreement with the works council.
Tap water is considered suitable to meet the requirement for drinks at workplaces. While there is no legal requirement for employers to provide mineral water or coffee at their own expense, they should be aware that a company practice can create a contractual obligation to do so.
Meyer, who is a member of the managing committee of the Employment Law Working Group in the German Bar Association (DAV), emphasizes that employers should ensure that employees have enough drinks to stay productive and focused during hot weather. He notes that sweating is inevitable at many workplaces during the summer, and hydration is crucial to maintain productivity and focus.
At many workplaces, especially in the summer, a water dispenser may not be a standard feature. Meyer suggests that employers consider providing water coolers or jugs of water to ensure employees have easy access to drinks. He also notes that employers are not necessarily required to provide mineral water in bottles or similar.
In conclusion, employers in Germany have a responsibility to provide suitable drinks for their employees during hot weather. This obligation can arise from a company practice or a works agreement, and tap water is considered suitable to meet the requirement. Employers should ensure that employees have easy access to drinks to maintain productivity and focus during the summer months.
- A company's employment policy, based on repeated actions or a works agreement, might include provision for free mineral water or coffee in the workplace, analogous to the implied obligation for free drinks.
- Science, particularly in the field of workplace-wellness and health-and-wellness, supports the importance of workplace fitness and exercise routines, coupled with a robust employer-provided drinking facility, promoting employee productivity and focus, especially in hot weather.
