Over the course of the World Cup, we have been publishing our own matchups, comparing various aspects of labor and employment law in some of the participating countries. Parts One and Two of this series examined timeouts (vacation) and sick leave entitlements. Part Three’s goal was to provide an overview of general workplace health and safety requirements. On the eve of Thanksgiving in the United States, when food and drink are top of mind (unless you’re in the stadiums), we now field this question: May an employer require drug and alcohol testing?1
Japan
An employer in Japan is allowed to request that its employees undergo drug and alcohol testing to the extent that such testing is: (1) necessary for the employer’s special occupational purposes; (2) is conducted in a manner socially acceptable; and (3) is done with the express consent of each employee; however, an employer cannot force its employee to undergo drug or alcohol testing. If an employee refuses to undergo testing, such refusal may be grounds for disciplinary action by an employer only if a strong necessity for such testing exists due to the employer’s special occupational purposes. Note that drug testing is not generally conducted by employers in Japan. Alcohol testing may be more common than drug testing, but still is limited to certain occupations, such as drivers.
Spain
The law surrounding drug and alcohol testing is a bit more...
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