Legal Basics (Overview)

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

Note: this refers to German law. Mandatory are the risk assessment including psychological strain (ArbSchG § 5) and BEM after 42 days of incapacity to work (SGB IX § 167). Everything beyond that — health promotion, surveys, extra offerings — is voluntary, but subsidized by statutory health funds with up to €600/employee/year (§ 20b SGB V).

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, subsidized	§ 20b SGB V
Employee surveys, extra offerings	Voluntary	—

The two legal obligations in BGM (under German law)

Only two areas of BGM are legally mandatory under German law: the risk assessment under § 5 ArbSchG, which has explicitly included psychological strain since 2013, and company integration management (BEM) under § 167 SGB IX, which applies after 42 days of incapacity to work within twelve months. Both obligations apply regardless of company size.

Everything else is voluntary — but subsidized

Workplace health promotion, employee surveys, and all measures beyond that are voluntary. Even so, the legislator creates a financial incentive: under § 20b SGB V, statutory health funds are required to support workplace health promotion measures with up to €600 per employee per year. Voluntary, therefore, doesn't mean unattractive — the subsidy makes many measures effectively cost-neutral.

The practical takeaway

The risk assessment of psychological strain (GBPsych) is the area most often overlooked in practice — even though it is one of the two core legal obligations. A systematic BGM program covers both obligations cleanly while also making use of the subsidy for voluntary measures.

Key takeaways

Under German law, only two areas are legally mandatory: risk assessment and BEM
GBPsych is the area most often overlooked in practice — even though it has been mandatory since 2013
Voluntary workplace health promotion measures are subsidized under § 20b SGB V with up to €600/employee/year
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, only the risk assessment and BEM are legally mandatory.

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

That is a violation of ArbSchG § 5 under German law, carrying a fine range of €5,000–25,000 and 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

EasyBGM shows what's legally mandatory and where you're leaving subsidy money on the table.

Try EasyBGM for free

Sources

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

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