The colombian constitutional court has interpreted labour laws by recognising an unusual right for workers: that of being drunk or under the influence of drugs during working hours provided that performance and results are not affected in qualitative terms.
The reason is that the consumption of alcohol and drugs does not always worsen the performance of work, and if this does not happen the worker cannot be dismissed or sanctioned.
The matter was brought before two law students and arrived at the constitutional court. The two boys based themselves on the principle of equality between people provided by the colombian constitution.
According to the reasoning of the two students. this principle must also be extended in the field of work and therefore workers must have equal rights with each other.
Therefore a worker should be penalised only if his impaired state results in a loss or poor level of employment.
The colombian constitutional court fully endorsed the interpretation proposed by the children. he pointed out that this interpretation is limited only to uses which do not involve significant risks for themselves or others: in the case of high-risk work (such as aircraft pilots or doctors) the ban remains unchanged.
Despite these clarifications, several associations have strongly criticised the court’s decision by arguing that not only workers are put at risk, but it sends a wrong message about alcohol and drug use.
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