Alcohol at an office drinks party: what does the French Labour Code say, and how to do without it?
Advice··By Ramy Abdelaty

Alcohol at an office drinks party: what does the French Labour Code say, and how to do without it?

Wine, beer, champagne, spirits: what the French Labour Code allows in the workplace, the employer's liability, the INRS advice, and a successful alcohol-free office drinks party.

At work, only wine, beer, cider and perry are allowed. That is article R4228-20 of the French Labour Code (Code du travail). Spirits, and therefore cocktails made with strong alcohol, are prohibited in the workplace, even for office drinks. The employer can go further and ban everything through the internal rules.

What the Labour Code says

RuleText
No alcoholic drink other than wine, beer, cider and perry in the workplaceArticle R4228-20, paragraph 1
The employer can restrict or ban alcohol through the internal rules or a staff memo, in a proportionate wayArticle R4228-20, paragraph 2 (since 2014)
Prohibited to let a drunk person enter or remain in the workplaceArticle R4228-21
€10,000 fine, applied as many times as there are employees concerned, for the employer at faultArticle L4741-1

What about champagne?

The text mentions "wine" without naming champagne. Most legal commentaries consider that a glass of champagne, which is a sparkling wine, is allowed like wine, unless the internal rules ban it. No official text says so in so many words. A kir royal raises questions, because crème de cassis is a liqueur.

The employer's liability

The employer has a duty of safety towards employees. In the event of an accident after office drinks, the employer can be found guilty of inexcusable fault, and incur criminal or civil liability. This also applies to drinks organised outside the premises, during which employees remain under the employer's authority.

The INRS advice for office drinks

  • Serving alcohol is not an obligation.
  • Always offer alcohol-free drinks.
  • Limit quantities: no more than 2 glasses per person.
  • Provide something to eat.
  • Make breathalysers available.
  • Plan a way to get home, for example a taxi, for anyone no longer fit to drive.
  • Remind everyone of the rules before the drinks, for example by email.

A successful alcohol-free office drinks party

Alcohol-free drinks settle the legal question and include everyone. They simply require more care with the drinks: juices from producers, infused waters, ginger infusion, mocktails made to order, and an alcohol-free sparkling wine for the toast.

At L'Écrin Traiteur, the whole menu is alcohol-free: Alain Milliat juices, organic lime and ginger infusion, alcohol-free (0%) Chardonnay Blanc de Blancs at €16.90 excl. VAT, and a mocktail bar on quote. Our ideas are in the guide alcohol-free corporate cocktail reception.

Sources

This article gives general guidance; it does not replace advice from a lawyer or your internal rules.

Frequently asked questions

Can alcohol be served at office drinks?

Only wine, beer, cider and perry are allowed in the workplace (article R4228-20 of the French Labour Code), and the internal rules can ban them. Spirits are prohibited.

Is champagne allowed at work?

According to the most common interpretation, yes, like wine, unless the internal rules ban it. No official text says so explicitly.

What penalty does the employer face?

A fine of €10,000 per employee concerned in the event of the employer's personal fault (article L4741-1 of the French Labour Code).

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