Alcohol in the Workplace and Termination of the Employment Relationship

The Supreme Court of the Czech Republic has recently dealt with a question if the entrance of the employee at the workplace under the influence of alcohol can always (without further ado) be assessed as a gross breach in accordance with Section 52 Letter g) of the Labour Code.

In compliance with Section 106 Subsection 4 Letter e) of the Labour Code the employee is not allowed to enter the workplace under the influence of alcohol.

According to the opinion of the Supreme Court the intensity of the breach cannot be assessed only based on the principle “zero-tolerance policy towards alcohol”. On the contrary, the assessment of the intensity always depends on the specific circumstances of the case, i.e. it is necessary to assess not only the positive detection of alcohol but also measured values, the personality of the employee and their previous stand on fulfilment of their working tasks, their working assignment etc.