The Labour Chamber of the Spanish Supreme Court

The Labour Chamber of the Spanish Supreme Court issued a final judgment on the 18th June 2014 with some important points about the validity of the alcohol test for workers. The Court stated that the refusal of the employee to perform this procedure might entitle to employer to terminate the employment contract due on breach of contract of the emploee.

Likewise, the Court states that the worker is aware of the prohibition to get drunk to work and that by his conduct he and the rest of workers are exposed to higher risks. Therefore, the employee must assume the use of these devices without considering it as a violation of their fundamental rights, since it is logical that the employer has the power to acquire and maintain devices like alcohosensor that allow the company to examine the situation under the perspective of a policy of accident prevention and control.

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