In the recent ruling SL771-2024, the Labor Chamber of the Supreme Court of Justice of Colombia addresses a crucial issue in the field of Labor Law: The possibility of terminating an employment contract due to an employee's drug use. This ruling establishes a significant precedent that redefines the conditions under which an employer can justify the dismissal of an employee for this reason.
Historically, the use of psychoactive substances, such as alcohol and narcotics, has been considered sufficient grounds for terminating an employment contract. This is based on several reasons, including the risk to workplace safety, the risk to the worker's own life and integrity, and the breach of contractual obligations arising from the duty of physical and mental fitness.
As a precedent on this matter, we have that ruling T-390 of 2019 from the Constitutional Court supported the position that companies have the right to implement policies for the detection and intervention of the use of these substances, and may dismiss those workers who violate such regulations and pose a risk to safety and productivity. However, ruling SL771-2024 marks a change in this perspective, as the Supreme Court of Justice argues that the mere use of psychoactive substances does not necessarily constitute grounds for termination of the employment contract, and it emphasizes that each case must be evaluated individually, considering aspects such as the worker's functional capacity at the time of performing their duties and whether their condition negatively affected their performance, since otherwise, it would involve interfering in personal spheres not directly related to work.
Through this ruling, it was recognized that the employer's disciplinary power cannot come into tension with the human rights of workers, and in this direction, it has set the scope of such legal prohibition in order to delimit its field of application, and thereby recognize the content of Article 23 of the Substantive Labor Code, which states that subordination in the workplace includes disciplinary power, noting that the latter cannot: "affect the honor, dignity, and minimum rights of the worker in accordance with international treaties or conventions on human rights related to the matter that bind the country."
The clarifications made by the court are of great relevance regarding the factual, substantive, and evidentiary assessment that employers must construct in cases related to the use of psychoactive or narcotic substances, including medical evaluations and precise records of incidents associated with work performance, since without disregarding the authority that labor law grants them to sanction workers who engage in such conduct, it is advisable to initially consider it as a health problem and offer the necessary counseling and, if applicable, treatment and rehabilitation of the worker, before directly exercising disciplinary power.
From an ethical and legal perspective, ruling SL771-2024 emphasizes the importance of balancing the employer's rights to protect safety and efficiency at work with the worker's rights to privacy and fair treatment, noting that the use of psychoactive substances does not necessarily automatically imply the inability to perform work, especially if used responsibly and does not negatively affect performance. In conclusion, ruling SL771-2024 urges employers to adopt more precise and fair policies regarding workplace safety, while ensuring respect for the individual rights of workers. This judicial pronouncement not only guides companies on how to address these delicate situations but also strengthens the legal framework in terms of labor protection and fundamental rights in Colombia.