Violation of the law by the employer when agreeing the rules of soberity control with the employer’s trade unions

This article critically assesses the regulation, which entered into force on February 21, 2023, with regards to the procedure for establishing preventive sobriety control for employers with trade unions. The new solutions, on one hand, grant the employer the right to control the sobriety of employees if it is necessary to ensure the protection of employees or other persons’life and health or the protection of property, on the other hand it entangles the employer into an imperfect model of coordinating the rules of this control in the labour regulations. In practice, trade unions have the opportunity to block the introduction of intra-company sobriety control regulations, and at the later stage, to change them. Taking into account the purpose of this control the Author points out arguments in support of the thesis that is permissible to amend the working regulations against the will of the trade union party, which obstructionism prevents the introduction or modification of the already existing system of employee sobriety control.

ASJC: 3308, JEL: K31

This article critically assesses the regulation, which entered into force on February 21, 2023, with regards to the procedure for establishing preventive sobriety control for employers with trade unions. The new solutions, on one hand, grant the employer the right to control the sobriety of employees if it is necessary to ensure the protection of employees or other persons’life and health or the protection of property, on the other hand it entangles the employer into an imperfect model of coordinating the rules of this control in the labour regulations. In practice, trade unions have the opportunity to block the introduction of intra-company sobriety control regulations, and at the later stage, to change them. Taking into account the purpose of this control the Author points out arguments in support of the thesis that is permissible to amend the working regulations against the will of the trade union party, which obstructionism prevents the introduction or modification of the already existing system of employee sobriety control.

ASJC: 3308, JEL: K31