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Working After Using Addictive Substance

Act No. 262/2006 Coll., Labour Code (the Labour Code)

The Labour Code provides, in particular, the obligation for an employee not to use addictive substances at the workplaces of the employer and not to enter under their influence the employer's workplaces. Employees are forbidden to use addictive substances during working hours even outside the workplace. At the request of an authorized senior employee designated in writing by the employer, the employee shall undergo an examination to find out whether he is not under the influence of addictive substances. The procedure of the medical examination to detect the content of addictive substances is regulated in detail by the Act on the Protection of Health from the Harmful Effects of Drugs, which, among other things, provides that if a person refuses to undergo such an examination, he will be regarded as under the influence of an addictive substance. Using an addictive substance during working hours can then be a ground for immediate termination of employment by the employer.

If an employee brings upon himself incapacity to work as a direct consequence of abusing addictive substances, the employer can give notice to such employee even at a time when the employee is on sick leave. The use of addictive substances will have an impact on damages – particularly it eliminates the limitation of compensation for damage caused by negligence to 4.5times the average monthly earnings of the employee.

§ 53 –Restriction of Prohibition of Notice by the Employer

§ 55 - Immediate Termination of an Employment Relationship by the Employer

§ 106 - Rights and Obligations of Employees 

§ 119 - Wage in Kind

§ 257 - Scope of Damages (damage caused by breach of obligations on the side of the employee)

§ 270 – Exemption from the obligation to pay damages

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