A toast at a colleague’s birthday party or a beer during a business trip seems perfectly normal to many. Yet this can have serious consequences: “You may even face termination without notice for alcohol in the workplace,” explains Vojtěch Steininger, a lawyer at the law firm Hartmanová & Steininger.
There is a strict ban on alcohol in the workplace, regardless of where you are or what you are doing. High-proof drinks are not permitted even during breaks, even if you are not directly at your workstation at that moment. So, having goulash for lunch with a six-pack of beer on the side is a no-go. Caution: the same applies on business trips.
It is common knowledge that employees are not allowed to enter the office ‘under the influence’. The time it takes for alcohol to leave the bloodstream varies from person to person and depends on factors such as gender, weight, age and other circumstances. Everyone should therefore carefully consider whether they can really turn up for work sober the next morning after a night out.
Big party? Then you’d better take the day off.
If you do not want to risk turning up for work under the influence of alcohol or being absent without leave, you can apply for holiday or unpaid leave, ideally well in advance. In extreme cases, a doctor may certify you as temporarily unfit for work, but taking sick leave for this reason certainly does not leave a good impression.
An employee is obliged to undergo a test to determine whether they are ‘under the influence’. What is less well known, however, is that such a test may only be ordered by a manager who has been authorised in writing by the employer to do so.
A breath test may be repeated or even carried out regularly by the employer, even if there is no specific suspicion that you are under the influence of alcohol. If the result is positive, you will likely be asked to undergo a blood or urine test at an appropriate medical facility. Bear in mind that the breath test alone is unlikely to provide proof that you are still ‘under the influence’ following a lively celebration. The measuring device may be affected by various factors or simply be faulty.
From a warning to dismissal
What are the potential consequences of alcohol in the workplace? Put simply, sanctions can range from a mere verbal warning to a written warning and even possible dismissal. In particularly serious cases, dismissal may occur without prior warning, typically in the event of serious breaches of duty, or the employment relationship may even be terminated without notice.
There are many aspects that must be taken into account, such as blood alcohol concentration or the nature of the work performed – for example, whether you drive a bus or work as a night porter.
The costs of the blood sample and the blood test are borne by the employee if the result is positive. Otherwise, the employer covers the costs.
And what if your boss drinks? If your supervisor is themselves subordinate to a superior, they too must comply with the obligations under employment law. The situation is different if, for example, your boss is the managing director or managing director of the company you work for: in this case, the Labour Code does not apply directly to him. However, there is another form of oversight above him: the Annual General Meeting can remove him from office at any time, even without giving reasons. This can serve as an incentive for such a boss to set an example for his employees.