Legal Basics (Overview)

What is legally mandatory in WHP, and what is voluntary?

Note: this refers to German law. Mandatory are occupational safety — at its core the risk assessment including psychological strain (ArbSchG § 5), plus among other things instruction of employees (§ 12 ArbSchG) and occupational medical care (§ 2 ASiG) — and BEM after more than six weeks of incapacity to work within one year (SGB IX § 167). Everything beyond that — health promotion, surveys, extra offerings — is voluntary. Statutory health insurers fund WHP projects (§ 20b SGB V); separately, an employer's health benefits of up to €600 per employee per year can be tax-free (§ 3 No. 34 EStG, German law) — an allowance, not a subsidy. Only your tax advisor can confirm this.

Mandatory vs. voluntary at a glance

Area	Status	Legal basis
Risk assessment (physical + psychological)	Mandatory	ArbSchG § 5
Company integration management (BEM)	Mandatory	SGB IX § 167
Workplace health promotion	Voluntary, eligible for funding	§ 20b SGB V
Employee surveys, extra offerings	Voluntary	—

Which parts of WHP are legally required (under German law)?

Two areas of WHP are legally mandatory under German law: occupational safety — at its core the risk assessment under § 5 ArbSchG, which has explicitly included psychological strain since 2013, plus among other things the instruction of employees (§ 12 ArbSchG) and occupational medical and safety care (§§ 2 and 5 ASiG) — and company integration management (BEM) under § 167 SGB IX, which applies as soon as employees are unable to work for more than six weeks within one year, continuously or repeatedly. Both obligations apply regardless of company size.

What is voluntary — and what incentives are there?

Workplace health promotion, employee surveys, and all measures beyond that are voluntary. Even so, the German legislator creates two incentives. Under § 20b SGB V, statutory health insurers provide workplace health promotion services — in practice as funding for a specific project, such as a health day or an annual budget, not as an amount per head. Separately, an employer's health benefits of up to €600 per employee per year can be tax-free (§ 3 No. 34 EStG) — a tax-free allowance as a ceiling, not a subsidy. Whether a measure qualifies in a given case is confirmed by your tax advisor. Voluntary, therefore, doesn't mean unattractive.

The practical takeaway

Many employers have not yet carried out the risk assessment of psychological strain (GBPsych) — even though it is at the core of the occupational safety obligation. A systematic WHP program covers both obligations cleanly while also making use of the subsidy for voluntary measures.

Key takeaways

Under German law, two areas are legally mandatory: occupational safety (core: risk assessment) and BEM.
Many employers have not yet carried out the GBPsych — even though it has been explicitly mandatory since 2013.
Voluntary WHP: health insurers fund projects (§ 20b SGB V); separately, up to €600/employee/year can be tax-free (§ 3 No. 34 EStG) — an allowance, not a subsidy.
The BEM obligation covers the offer, not the employee's participation.

Frequently asked questions

Is a fruit basket legally required?+

No, that is a voluntary workplace health promotion measure. Under German law, the mandatory areas are occupational safety (with the risk assessment at its core) and BEM.

What happens if we've never done the risk assessment of psychological strain?+

That is a violation of ArbSchG § 5 under German law. As a rule, the supervisory authority first orders the assessment to be carried out; if this order is not followed, a fine of up to €30,000 may be imposed (§ 25 ArbSchG). In addition, there is increased liability risk in cases of work-related psychological illness.

Does BEM still count if the employee declines?+

Yes — the employer's obligation is limited to offering the BEM meeting. If the employee declines, this must be documented, and the obligation is then considered fulfilled.

Keep obligations and subsidies clearly separated

EasyWHP shows what's legally mandatory and which funding routes are worth considering for voluntary measures.

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Sources

Last updated: 2026-07-06. Not legal or tax advice — have your specific case reviewed by a professional.

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