Drug Testing Requirement of Employer Does not Violate Right to Privacy
Drug testing is one of the activities being implemented by the company to prevent future problems with the behavior of workers brought about by the use of illegal drugs.
Does it violate the constitutional right to privacy of an individual subjected to the drug-testing process?
The post below is based on the book Guide to Valid Dismissal of Employees Second Edition.
In the case of Social Justice Society vs. Dangerous Drugs Board, the Supreme Court said:
“Taking into account the foregoing factors, i.e., the reduced expectation of privacy on the part of the employees, the compelling state concern likely to be met by the search, and the well-defined limits set forth in the law to properly guide authorities in the conduct of the random testing, we hold that the challenged drug test requirements is, under the limited context of the case, reasonable and, ergo, constitutional.”
It follows that since the Republic Act 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of 2002,” is not unconstitutional, the drug-testing requirement should be carried out. An employee cannot refuse his participation. Any resistance without justification to any order by the employer may fall under willful disobedience.
The disobedience attributed to the employee could not be justly characterized as willful within the contemplation of Article 296 [Article 297 per DOLE Department Advisory 01, Series of 2015] of the Labor Code.
Re-numbered copy of Labor Code 2017 now available
He neither benefitted from it, nor thereby prejudiced the business interest of employer. His explanation that his deed had been intended to benefit the employer was credible. There could be no wrong or perversity on his part that warranted the termination of his employment based on willful disobedience.
One cannot follow an order that he does not know of. Hence, the basic task of employer is to make known such order to his employee. The order or mandate of an employer may come in a form of a written policy. But if it is unwritten, will any violation be subject to disciplinary action?
In the case of Manila Broadcasting Company vs. NLRC, the Supreme Court ruled that a policy may be lawful and reasonable but if the same is not sufficiently known to the employee, the alleged act committed by an employee allegedly in violation thereof may be considered in good faith.
How about if the policy is written but is relaxed in implementation, will any violation constitute willful disobedience? Violation of a rule or policy which, in its implementation, has oftentimes been relaxed, may not lawfully give rise to termination of employment of the violator. More so when the act is with the acquiescence of the employee’s superior.
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