Drug Testing in Connection with the Recruitment Process

The commissioning of a drug test on an applicant selected for the job is permitted if it is directly necessary for the employment relationship and required by the legal requirements arising from the job tasks. The applicant must be informed of the drug testing for the job during the application procedure before the employment contract is concluded.

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 special trust is required to carry out tasks or if the employee would have access to drugs.

The principle is that an applicant is not obliged 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.