Employer
Even though drug tests at the workplace are in principle an invasion of privacy, they are generally permitted, however, whenever the employee voluntarily consents and expressly permits the tests to be carried out, or if clear consent was recorded in the employment contract when the employee was hired. Otherwise, drug testing at the workplace is only possible if ordered by law or by the authorities. In addition, the employer must have a concrete suspicion and the work must involve a certain risk potential.
A refusal of the test, if no judicial order is available, is however in no case a reason for dismissal. In the worst case, a denial can result in a warning or suspicion. However, if a drug test is carried out at the workplace, the choice of the doctor performing the test is always at the employee’s discretion.
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