Fragen aus dem Arbeitsrecht: Darf der Arbeitgeber einfach so einen Drogentest verlangen?
Wer vom Chef die Anweisung bekommt, sich einem Drogentest zu unterziehen, muss dem nicht unbedingt Folge leisten. Doch in manchen Fällen kann das schwerwiegende Konsequenzen haben.
Employees may appear at work intoxicated for various reasons, potentially including drug use. However, employers may wonder how to gain certainty in such situations. Can they force employees to take a drug test? According to Johannes Schipp, an expert in labor law, drug tests fall under the realm of personal rights, meaning they are generally not permissible without the worker's consent.
Furthermore, the employer must have a legitimate interest in conducting the drug test. Merely having suspicions about a worker's potential drug use is insufficient. Failing to provide consent, even with a legitimate interest, still grants the employee the right to refuse the test. While the employer cannot physically compel the employee to take the test, a refusal can have serious consequences for employment.
If an employee refuses a legitimate drug test, they may face disciplinary actions, such as a warning, and if the behavior persists, termination of employment. However, if the refusal is due to an unjustified test, there will typically be no repercussions. The case was reviewed by an employment court, and any warnings or termination orders issued for unjustified refusals would be removed from the employee's employment record.
Expert in labor law Johannes Schipp is a member of the German Law Association (DAV) and served as its chairman until 2021.
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