Drug Testing in Connection with the Recruitment Process

The commissioning of a drug on an applicant is permitted if it is directly necessary relative to the employment relationship and it can be based on, for example, guaranteeing the safety of the company or the work or on financial interests. With the consent of the applicant, the test may be performed if the employee-to-be is to perform work that requires accuracy, reliability, independent judgment or good responsiveness, and working while under the influence of drugs or while suffering from a drug addiction may, for example, endanger the employee’s or another person's life, health, safety at work, jeopardize road safety or increase the risk of significant environmental damage. In addition, testing is possible if particular confidence is required of employee’s performing the work tasks or if the employee will have access to drugs.

The premise is that an applicant is not required to take a drug test. However, the principle of freedom of contract in relation to employment in the private sector means that the employer is generally free to decide with whom to conclude an employment contract. The fact that a person does not want to participate in all stages of the application process can therefore be a legally valid reason for a negative recruitment decision.