Alcohol and drug testing
Your employer can only ask you to take a drug test before your employment relationship begins if requiring the test is justified. If you refuse the testing or the result is positive, the employer may choose to not hire you.
During employment, the employer may only ask you to take a drug test if your employer has a justifiable reason to suspect that you are working under the influence of drugs or that you have an addiction. Only a healthcare professional can perform a drug test.
If a workplace does not require drug testing, a substance abuse prevention programme must be drafted. The programme is a plan according to which employees are guided to seek help with substance abuse.
Camera surveillance
Your employer may use camera surveillance if it is highly necessary for the safety of employees, customers or property.
Your employer must not use camera surveillance to monitor a single employee. Camera surveillance may not be used to supervise break rooms, toilets and changing rooms, or office spaces.
The employer must inform the employees of camera surveillance.
Data protection at work
The law protects your personal data at work. Your employer can only process the types of your personal data that are necessary for your employment. Even consent given by the employee does not have any impact on this.
Your employer can only request information from you directly. Your employer can only request information on you from elsewhere with your permission.
Your employer only has the right to process your health-related data when necessary:
(1) for paying your wages for the duration of your sick leave
(2) for determining why you have been absent from work
(3) if you ask your employer for a health examination to determine your ability to work, or if you suspect or your employer suspects that you are not healthy or fit to work.
Your employer must store all information related to your health separately from all other information held by the employer. Your health information can only be processed at the workplace by those who are responsible for paying your wages for your sick leave, for example.