FAQ Compliance

May I accept gifts, rewards and other benefits in relation to my work?

Employees in the public sector are generally not permitted to accept any rewards, gifts or other benefits (e.g. vouchers, admission tickets, cash, discounts, etc.) in relation to their office or work. They may also not demand or be promised such benefits. It does not matter whether these benefits are intended for themselves or for others, e.g. family members or colleagues.

Are there exceptions to the ban on accepting gifts, rewards and other benefits?

Consent is generally granted for

• the acceptance of gifts that are generally considered to be of low value, provided that the total value does not exceed €10 and the gift is not repeated per donor in the calendar year,

• the acceptance of gifts (e.g. admission tickets, vouchers) from the business environment in the usual and appropriate scope; cash as an exception if it is a small residual amount from the collection for the gift,

• the usual appropriate hospitality on the occasion of or on the occasion of official activities, meetings, visits and the like,

• customary hospitality at general events attended by employees in the performance of their duties, on official business or in consideration of the social obligations imposed by the office (e.g. social events that serve the Nursing of official interests, the introduction or farewell of public officials, official receptions, anniversaries, laying of foundation stones, topping-out ceremonies, inaugurations, openings, meetings of bodies of commercial enterprises in which the public sector is involved); the representation of a public authority at social events is limited to the management of the public authority or the civil servants commissioned by it,

• the public acceptance of bouquets of flowers at events in which employees take part in a prominent manner in the exercise of their office, on official duty or with regard to the social obligations imposed by the office and the recognizable value of the bouquet is within the conventional framework and is appropriate to the situation,

• Discounts granted on the basis of agreements under private law (e.g. membership in an association that offers a discount solely or in addition to other purposes) for purely private transactions, if the appearance of influencing the performance of official duties is avoided (e.g. discounted shopping for members of a supra-local professional association - but not in a local store for members of a local professional association group -, fuel bonus points for members of an automobile club - but not only for a specific professional group in the public sector -, discounts from a DIY store for all residents of a municipality - but not only for members of a local office -),

• Services that facilitate or accelerate the performance of official business (e.g. pick-up by car from the train station or airport); the service must be reported to the office and does not exempt the employee from providing travel expense information.

What are the consequences of a ban on acceptance?

Violation of the ban on accepting rewards and gifts constitutes a breach of duty or a breach of contractual obligations. The consequences of such a breach under employment or labor law can lead to termination of the employment relationship.

On the other hand, employees who violate the ban on accepting rewards and gifts can be convicted under criminal law for

• Accepting an advantage if they demand, allow themselves to be promised or accept an advantage for themselves or a third party in the performance of their duties, or

• bribery if they demand, allow themselves to be promised or accept an advantage for themselves or a third party in return for the fact that they have carried out an official act or would do so in the future and have thereby violated or would violate their official duties.

Is it permitted to accept invitations to professional events?

Participation in professional events is prohibited if the professional character is overshadowed by an accompanying program. Acceptance is only permitted if participation has been approved by the department or if the invitation is made in the usual and appropriate scope from the official environment. This means that there are no entertainment elements, no high-value promotional gifts over €10 or no inappropriate hospitality (e.g. gala dinner).

Is it permitted to accept invitations to entertainment events?

Participation in entertainment events is prohibited if there are official or business-related points of contact with the inviting party and the representational purpose does not predominate and there is no special understandable reason. An indication of this could be if accompanying persons are invited although the nature of the event does not require the presence of an accompanying person or if higher-value gifts are distributed or travel and accommodation costs are covered.

Is the acceptance of invitations to business meals permitted?

The acceptance of invitations to business meals is permitted if the customary appropriate hospitality is provided on the occasion of or on the occasion of business activities, meetings, visits and the like or if they are based on the rules of communication and courtesy, which an employee cannot avoid without violating social conventions.

Is the assumption of travel, hotel and event costs by the organizer of further education and training courses permitted?

Acceptance is only permitted if the travel expenses are incurred when taking on a speaker role or participating in panel discussions. The travel expenses must not have an unreasonably high value. It must also be impossible to influence decisions.