In many companies, it is common for colleagues to have their Amazon and other online orders delivered directly to the office. Is this actually allowed, or should you ask your supervisor for permission first? Who is liable from the moment the order is accepted?
The success story of e-commerce is unprecedented. It began in the mid-1990s when the Internet was opened up to business and the first online vendors entered the electronic marketplace. Among them were, of course, today’s giants Amazon and eBay – with Dell as the third in the group. Since then, e-commerce has grown to include countless retailers and generate billions in sales.
Working customers certainly benefit most from the enormous range of products on offer. Regardless of the day of the week or the time of day, they can relax at home and buy everything from clothing and electronics to furniture and groceries. However, when it comes to receiving the inventory, things are not always so smooth. Since deliveries are usually made when working people are not at home, employees often have their private parcels delivered to their workplace, as this guarantees that they will receive their inventory and can take it home with them after work.
Private parcels: Not prohibited does not mean permitted
Many employers, mostly in smaller companies, generally tolerate this, at least as long as it remains within reasonable limits. However, if it gets out of hand and other employees and normal business operations are disrupted by incoming private packages, the employer can prohibit this immediately. Even if receiving the packages does not incur any specific costs for the company, it does require the working time of colleagues and storage space. The employer is therefore entitled to issue a ban and to issue warnings to the persons concerned in the event of any violations.
In practice, it may still be permitted in two ways: firstly, expressly, for example by posting a notice or sending a circular email. Or secondly, through actual practice: this applies if employees simply have parcels sent to them and the employer tolerates this.
Merkur.de
And rightly so: According to the so-called employer’s right to issue instructions, Section 106 of the German Trade Regulation Act (GewO), the company management may unilaterally determine the content, place, and working hours of work in compliance with the applicable laws and any participation rights of the works council, and issue instructions on order in the workplace and the conduct of employees. Employees should therefore check in advance what the company’s policy is on this. This is often laid down in the company rules. But even if the parcel is accepted, it remains unclear who is ultimately liable if the private parcel accepted on behalf of a colleague disappears. Is it the person who accepted it or the employer?
“The employer has the right to determine who is allowed on the premises and is responsible for the organization of the business. Employees have no right to demand that they allow this.”
Nathalie Oberthür, specialist lawyer for labor law and member of the Labor Law Working Group of the German Bar Association
Consider various employee-friendly (delivery) options
Most parcel services are now expanding their services accordingly to circumvent the problem of undelivered shipments. In addition to parcel stations and shops, there are solutions tailored to the needs of working people. These include, for example, preferred delivery times – from regular delivery on a specific day to a two-hour time window. But even here, receipt is by no means guaranteed. Employers should therefore consider solutions that officially enable the receipt of private parcels at the company. Such a service can be offered to employees as a free social benefit, and it also clarifies all legal issues relating to parcel receipt.
Either way, companies are well advised to inform their employees about the delivery of private parcels to the workplace and to provide them with a legally compliant framework. Employees should also find out in advance what the company’s guidelines are regarding the receipt of private parcels. The accompanying effect of official permission should not be underestimated: if the receipt of private parcels is offered as an employee service, this has a positive impact on the employer brand. This is one more reason for companies to slowly address the issue of parcel receipt.
Further information on this topic: Parcel orders to the workplace – What options are available to employers?
Image source: pxhere
