Employee Alcohol Testing in the Czech Republic

Mgr. Jakub Oliva, LL.M., MSc.
Mgr. Jakub Oliva, LL.M., MSc.
12.3.2026 | ARROWS law firm

Employers have the right to check whether their employees are under the influence of alcohol, but this process is governed by strict rules under Czech law. Although it is often said that blanket testing is prohibited, the reality is that preventive checks are possible in certain workplaces in the Czech Republic, provided they are not carried out in a harassing manner. In this article, you will learn the exact statutory conditions applicable for 2026 and how to avoid legal chaos.

The photo shows a lawyer consulting on employee alcohol testing.

Quick summary

  • Justification for testing: An employer in the Czech Republic may test an employee if there is reasonable suspicion, or as part of preventive checks for risk positions defined by an internal regulation. The check must not be harassing.
  • Authorised person: An instruction to undergo testing may be given only by the employer or a managerial employee who has been designated in writing to do so.
  • How the test is conducted: A breath test using a certified device has strong evidential value, but in the event of a dispute or a positive result, a professional medical examination is decisive for legal certainty.
  • Alcohol level: Zero tolerance is, in practice, adjusted by Czech case law. Courts take into account the physiological level (approx. 0.2 g/kg) and the device’s measurement error. Only values above this threshold are considered conclusive proof of alcohol consumption.
  • Sanctions for the company: An employer that fails to enforce the ban on alcohol consumption at the workplace risks a fine of up to CZK 2,000,000 from the Labour Inspectorate in the Czech Republic.

Legal basis for alcohol testing of employees

The employer’s right and duty to address alcohol at the workplace under Czech law is based on several key legal rules. The cornerstone is the Labour Code (Act No. 262/2006 Coll.). Section 106(4)(i) sets out the employee’s duty, upon instruction from an authorised managerial employee, to undergo an assessment of whether they are under the influence of alcohol.

At the same time, Section 102 of the Labour Code imposes on the employer a duty to create a safe working environment and prevent risks. The combination of these provisions gives the employer a strong mandate to carry out checks.

The ban itself is strict: an employee must not consume alcoholic beverages at the workplace and during working hours, even outside these places (e.g., on a business trip), and must not enter the workplace under the influence of alcohol. Breach of this ban may lead to termination with notice or even immediate termination of employment.

The regulation is further specified by Act No. 65/2017 Coll., on the protection of health from the harmful effects of addictive substances. This Act defines preliminary (screening) and professional examinations and establishes a legal presumption that refusal to take a test is treated as a positive result, with the legal consequences of intoxication.

Employer obligations in law and in practice

The employer has a statutory duty to ensure compliance with the ban on alcohol at the workplace (Section 302 of the Labour Code).

If the employer neglects this duty and the Labour Inspectorate finds that alcohol is being consumed at the workplace or that the employer is ignoring risks, the employer faces, under the Labour Inspection Act, a fine of up to CZK 2,000,000. For small and medium-sized companies, such a sanction can be devastating.

However, the employer must not abuse its powers. Testing must be grounded in occupational health and safety (OHS) requirements under Czech legislation. If an employer tested employees every hour without a reason, it would constitute harassment and an interference with personality rights.

The Czech legal team at ARROWS, a Prague-based law firm, recommends setting testing rules in an internal regulation that defines when and whom it is permissible to check.

Related questions on employer obligations

1. What if the employer does not monitor alcohol and an accident occurs?
The employer exposes itself not only to a fine of up to CZK 2 million from the Labour Inspectorate, but also to liability for a workplace injury and potential recourse claims by health insurance companies, if it is proven that the employer failed to prevent the accident even though it could have.

2. Do the control rules have to be put in writing?
The law does not expressly require it, but in practice it is essential. Without managerial employees authorised in writing (see Section 106 of the Labour Code), testing cannot be carried out lawfully. An internal policy is key evidence in Czech courts.

3. Can the employer carry out the test itself?
Yes, the statutory body (executive director) or a managerial employee designated by it in writing may perform a breath test.

When and how employee testing may be carried out

The Labour Code provides that an employee is obliged to undergo testing upon instruction from an authorised managerial employee.

Reasonable suspicion vs. preventive check

The most common reason is reasonable suspicion. This means that a manager observes signs of intoxication: the smell of alcohol, unsteady gait, slurred speech, aggression, or an extraordinary event has occurred (accident, production error).

However, it is a myth that preventive testing is not allowed. For positions where a high level of safety is required, an employer may introduce a system of random preventive checks.

However, this must be regulated by an internal policy and must not be used as a tool to harass inconvenient employees. If an employer tests only one specific employee without justification every day, a court could assess this as an abuse of rights.

Ideally, each instruction to undergo testing should be supported by a record to prevent disputes.

Who is authorised to carry out testing

A gatekeeper or colleague cannot carry out testing unless they are expressly authorised to do so. Those authorised are:

The statutory body (e.g., executive director, director).

A managerial employee designated in writing by the employer.

This written authorisation is crucial. In practice it is often missing, and if an instruction is issued by a foreman without written authorisation, the employee may refuse without sanction.

The list of authorised persons should be part of the internal regulations with which employees are familiar. ARROWS, a Prague-based law firm, prepares templates of these authorisations for clients to ensure they are legally robust under Czech law.

Procedure for carrying out testing

The correct procedure minimises the risk of losing in court:

Request: The authorised person requests that the employee take a breath test.

Instruction: The employee should be informed of the consequences of refusal (they are treated as being under the influence).

Measurement: A breath test is performed using a calibrated device (a designated measuring instrument). It is advisable to repeat the measurement after approx. 15 minutes to eliminate errors and confirm the elimination/increase of alcohol.

Report: A written report is prepared on the result.

Medical examination: In the event of a positive breath test result, it is strongly recommended to request that the employee undergo a professional medical examination (blood draw) to confirm the exact level.

Related questions on the testing procedure

1. Can an employee refuse a breath test?
Physically yes, but legally this puts them in the worst possible position. Under Act No. 65/2017 Coll. (Czech Republic), a person who refuses both the preliminary screening and the expert examination is treated as if they were under the influence of alcohol. That in itself constitutes a gross breach of workplace discipline under Czech employment law.

2. Who pays the costs?
If alcohol is confirmed, the employee bears the costs (tests, transport to the doctor, time). If the result is negative, the employer pays everything. Note: If an employee refuses an inexpensive breath test and insists directly on a blood test that then comes back negative, the employer may seek reimbursement of the costs from the employee as damages under Czech law.

Practical aspects: Devices and documentation

The test result is only as strong as the evidence supporting it.

Breath test versus expert medical examination

A breath test carried out using a certified and calibrated device (a so-called “designated measuring instrument”) is accepted by Czech courts as evidence if performed correctly. Cheap “gas-station alcohol testers” without metrological verification carry negligible weight. The employer must monitor the device’s calibration deadlines.

An expert medical examination (blood analysis by a toxicology laboratory) is the “gold standard”. It eliminates debates about residual alcohol in the mouth, sensor errors, or physiological anomalies. If you are considering immediate termination of employment, a blood test gives you close to 100% certainty in any potential dispute in Czech courts.

Written records are essential

Without paperwork, nothing happened. The test record must include:

  • Date and exact time (including the time of any repeat test).
  • Place of the inspection.
  • Identification of the employee and the person administering the test.
  • Device type and serial number, date of the last calibration.
  • Measured values.
  • Employee’s signature (or a note that they refused to sign) and witnesses’ signatures.

The presence of a witness (another employee) is crucial in case the tested person refuses to cooperate or to sign the record.

Risks

How ARROWS helps (office@arws.cz)

Invalid evidence: Testing was carried out by an unauthorised manager or using an uncalibrated device.

Process setup: We will prepare internal policies and authorisation templates so that every step of the inspection stands up in court in the Czech Republic.

Harassing checks: Blanket testing without rules that a court deems unlawful.

OHS documentation review: We will set up a control system so that it is lawful under Czech legislation and fulfils a preventive function.

Missing record: The employee denies in court that they were tested.

Document templates: We will provide “bulletproof” forms for recording breath tests.

Legal consequences and sanctions: What you may face

As mentioned above, inaction does not pay off. If an employer tolerates alcohol, the Labour Inspectorate in the Czech Republic may impose a fine of up to CZK 2,000,000.

Sanctions for employees

For employees, a positive test can have fatal consequences, but these vary depending on the intensity:

Less serious breach: At lower levels or in non-risk professions, it may be treated as a less serious breach. The employer issues a written warning. If the situation repeats, termination may follow for persistent less serious breaches of duties (Section 52(g) of the Czech Labour Code) with a two-month notice period.

Serious breach: May be grounds for termination with a two-month notice period even without prior warning.

Especially gross breach: With high alcohol levels, endangering safety, or for drivers, immediate termination of employment is possible (Section 55 of the Czech Labour Code). The employee is dismissed “on the spot” and without severance pay.

Intensity is decisive

The Czech Supreme Court has held that not every “per mille” is a reason for immediate dismissal. The employee’s role (accountant vs. crane operator), their prior record, the degree of risk to property and health, and the measured value must all be assessed. Blanket dismissals for 0.3‰ in office roles are often overturned by Czech courts as disproportionately strict.

Alcohol levels and the physiological threshold

This is where the most mistakes are made. A device shows 0.25‰ and the employer dismisses the employee. That is a mistake.

Physiological level and measurement error

The human body can show a low level of alcohol even without drinking (endogenous alcohol). Court practice and methodologies in the Czech Republic work with a so-called physiological level of approx. 0.2 g/kg (per mille).

In addition, every device has a measurement deviation, typically 0.04‰ for breath analysers.

Practical calculation for 2026: If the device measures 0.24‰, after subtracting the measurement deviation we may arrive at 0.20‰, which is considered a physiological level. In Czech employment-law practice, such a result must be treated as negative.

A positive finding proving alcohol consumption is only considered to exist at values which, after subtracting the device’s deviation, exceed 0.2‰.

Reliably provable intoxication for court purposes usually starts only above approx. 0.3‰ to 0.5‰ (depending on the context), while values up to 0.3‰ may be disputable. ARROWS attorneys in Prague note that immediate termination of employment typically requires a higher level or a direct threat to operations.

Special situations and exceptions

The ban does not apply absolutely everywhere. Exceptions under Section 106(4)(e) of the Czech Labour Code:

Hot operations: Employees working in unfavourable microclimatic conditions (glassworks, foundries) may consume beer with reduced alcohol content if prescribed by a doctor and set out in an internal regulation as a protective beverage.

Tasters: Employees for whom alcohol consumption is part of performing work tasks (brewers, sommeliers). However, they must not be under the influence to such an extent that they are unable to perform work or endanger safety.

Business trips

If an employee drives a company car, this is performance of work—zero tolerance applies under Czech law. However, if after work on a business trip they have dinner at a hotel and have a beer, they breach the ban only if they would still have to work afterwards or be on call.

Conclusion

Alcohol in the workplace is a risk to safety and to the employer’s finances. The correct approach requires a combination of high-quality documentation (internal regulations, authorisations), technical equipment (a calibrated tester), and legal judgement when choosing the sanction under Czech employment law. Hasty “immediate termination” at disputable alcohol levels often ends in defeat in court.

If you are dealing with suspected alcohol use or are preparing to terminate employment for this reason, do not take unnecessary risks. The Czech legal team at ARROWS, a Prague-based law firm, will help you assess the situation, set up processes, and represent you in any dispute. Contact us at office@arws.cz.

FAQ – Most common legal questions (2026 update)

1. Can an employee refuse a breath alcohol test on the grounds that it is an invasion of privacy?
They can refuse, but Act No. 65/2017 Coll. then establishes a legal presumption that the employee is under the influence of alcohol. The employer may then treat them as if they were intoxicated, which typically leads to termination of employment. In this context, the right to privacy gives way to the right to safety and the protection of health in the workplace in the Czech Republic.

2. What is the minimum level for dismissal?
The law does not state an exact number. However, Czech case law protects employees with values close to the physiological level (up to approx. 0.3 ‰). For immediate termination, it is safer to have measured values (ideally from a blood test) that are higher and demonstrate clear impairment, or to prove that even a small amount created a risk to life. For a specific assessment under Czech employment law, please contact us at office@arws.cz.

3. Who pays for the blood test if the breath test was positive but the blood test was negative?
If the blood test disproves the presence of alcohol (the result is negative), the costs are borne by the employer. The employee is entitled to wage compensation for the time spent undergoing the examination.

4. Can we test all employees at the gate every morning?
Blanket, systematic testing of everyone without distinction may be challenged as disproportionate (harassment) if there is no safety-related reason. In high-risk operations (mines, chemical industry, transport), it is defensible. In office/administrative roles, it is legally risky under Czech legislation.

5. How old can a breath test report be?
The report must be drawn up immediately after the test. Addressing an employee’s intoxication days later without evidence is legally ineffective in the Czech legal system.

Notice: The information contained in this article is of a general informational nature only and is intended to provide basic guidance based on the legal situation as of 2026. Although we strive for maximum accuracy, legal regulations and their interpretation evolve over time. We are ARROWS advokátní kancelář, an entity registered with the Czech Bar Association (our supervisory authority), and for maximum client protection we maintain professional liability insurance with a limit of CZK 400,000,000. To verify the current wording of regulations and their application to your specific situation in the Czech Republic, it is necessary to contact ARROWS advokátní kancelář directly (office@arws.cz). We accept no liability for any damages arising from the independent use of the information in this article without prior individual legal consultation.

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