Can I refuse a breathalyser at work in Czechia?
You may not refuse — but refusing doesn't make you automatically "drunk". Employees must submit to testing for alcohol and drugs on the instruction of an authorised manager (Labour Code § 106). Refusal breaches your duties — yet per case law no fiction of intoxication applies to refusers, and refusal alone usually doesn't justify immediate termination (intensity, repetition and job type get weighed). The underlying workplace alcohol ban is strict: no drinking during working hours and no starting work under the influence; only tasting professions get carve-outs. For risk jobs (drivers, crane operators) a positive test typically ends in dismissal — and zero tolerance covers residual alcohol too.
📋 The rules
- Ordered test: duty to submit (§ 106(4))
- Refusal = duty breach (but no intoxication fiction)
- Refusal alone ≠ automatic instant dismissal (case law)
- Alcohol banned during work and on arrival under the influence
- Risk professions: positive test = fundamental breach (dismissal)
🔓 Exceptions
- Tasting professions (brewers, sommeliers): proportionate exemptions
- Beer with canteen meals where internal rules expressly allow it (a rarity)
⚠️ Penalties & fines
Refusing/testing positive: duty breaches — warnings, dismissal under § 52(g), immediate termination in grave cases (a driver under the influence). Hygiene stations can add fines under Act 65/2017.
📎 Official sources
- Právní prostor · Alcohol and refusing checks (CS) →
- Advokátní deník · Case law on refused tests (CS) →
- BezpečnostPráce.info · Workplace alcohol FAQ (CS) →
❓ Frequently asked
Who may order the breath test?
An authorised manager designated by internal rules (plus authorities like police for transport professions).
What if I blow 0.1 ‰?
The ban is zero — any reading breaches it; consequences scale with the position's risk (clerk vs. crane operator).
Can they fire me on the spot for refusing?
Usually not — courts demand an intensity assessment; refusal is still a breach, and repetition builds toward dismissal.
Does the ban cover home office?
Sobriety attaches to performing work — formally yes; checking at home is practically and legally limited though.
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