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  • May an employer subject its employees to random drug testing? [The case of Mirant Philippines Corporation v. Joselito Caro (G.R. No. 181490, April 23, 2014)] | 27 May 2024

May an employer subject its employees to random drug testing? [The case of Mirant Philippines Corporation v. Joselito Caro (G.R. No. 181490, April 23, 2014)] | 27 May 2024

Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace.

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Alburo Law
May 27, 2024

Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of the Labor Code and pertinent provisions of the Civil Service Law. (Section 36, R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002)

Adoption and enforcement by the employer of its Anti-Drugs Policy is recognized as a valid exercise of its management prerogative as an employer.

In the exercise of its management prerogative, an employer must therefore ensure that the policies, rules and regulations on work-related activities of the employees must always be fair and reasonable and the corresponding penalties, when prescribed, commensurate to the offense involved and to the degree of the infraction. (Mirant Philippines Corporation v. Joselito Caro, G.R. No. 181490, April 23, 2014)

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