As stated by the drafters of the Act on Amendments to the Labor Code and Certain Other Acts of June 7, 2022, the primary purpose of the attempt to modify the current labor law system, as well as its derivatives (particularly in the performance of contracts other than under labor law) was the need to create a legal basis for the employer to introduce and carry out preventive monitoring of employees for the presence of alcohol or alcohol-like agents in their bodies. Preventive measure extend to the possibility of expanding the scope of monitoring the private behavior of employees, including those performing tasks under a civil law contract, in the sphere covered by the Act on Upbringing in Sobriety and Counteracting Alcoholism of October 26 1982. Therefore, the new entitlement can only be exercised after the employer has first demonstrated the necessity of such actions and the effective protection of certain goods, as well as the effective fulfillment of information obligations in this regard. Indeed, the exercise of the rights in question may not, under any circumstances, give rise to any violations of the dignity and other personal rights of the employee (in the broad sense) subjected to control, including his/her rights under data protection law.
