Questions from employment law: Can the employer simply demand a drug test?
If an employee is ordered by their boss to undergo a drug test, they do not necessarily have to comply. However, in some cases this can have serious consequences.
An employee showing up to work erratically may raise suspicions of drug use, but employers are limited in their ability to require drug tests. According to Johannes Schipp, a labour law expert, tests can only be mandated with employee consent and a legitimate interest, such as in safety-critical jobs like pilots, bus drivers, or train operators.
If an employer has a concrete suspicion of drug use, they can require a test, but employees can still refuse, potentially facing disciplinary action. Refusal of an unjustified test typically carries no consequences, and any disciplinary measures taken may be overturned by a labour court.
Written by urgent.news from Handelsblatt's report — not a translation of it. Machine-written — may contain errors; check the original before relying on it.
