Positive in Confirmatory Drug Test

Good day,

One of our employees, after taking the confirmatory Drug Test, have been found positive.

Our Drug Policy is patterned with what the Government Released. However, there is no clear procedure what to do when the employee is confirmed.

Need Advice.

Thanks,

Alexis

in some these is a pre-employment requirement, if positive, you are not hired..

kung existing employee na.. some companies, require their employees that tested positive to attend counseling or drug rehabilitation programs.. then mandatory tests again every 6 months..

Sir @Patok ask ko lang. If a regular employee is found positive, then placed to floating status, may karapatan po ba siya humingi ng consiseration for an advance notice for the monthly counseling? Since the employee will stay in the province. Thank you

kung alam mong may monthly counseling, bakit ka mag stay sa province?

Sir thank you po sa response.

Dahil wala po akong mapag sstayan sa manila pansamantala. Wala po akong sasahurin for six months kaya sa province ako mag stay. Yung permanent address ko po ay sa manila however; kelangan Ko po lumipat dahil babalik na ang tunay na nakatira sa tinutulyan ko whom is my mother, hinde ko rin po masabe sa kanya na naka float ako ng six months because of the situation. Nag sabay sabay po ang sitwasyon ng panahon na yun. Pati ang kapatid ko na meron kaming misunderstanding ay palabas na din ng kulungan. Hinde ko napo na naishare yung personal na bagay na yun sa hearing ng kaso dahil po hinde ako komportable.

Sir samatalahin ko na ang pagtatanong, napa resign po ako sa date kong kompanya dahil dineny nila ang request ko about sa advance notice. Naging unbearable po sakin ang sitwasayon at No choice po ako kung hinde mag resign kesa materminate, alam ko pong hinde kakayanin ng byahe ang agarang pagpunta sa counseling. Masasabe po bang constructive dismissal ang nangyari?

I can provide supporting documents, tulad ng release paper ng kapatid ko. Pati documents na galing sa office namin. Pumayag po ako sa lahat ng condition ng kompanya at isang consideration lang hingi ko.

Gusto ko po dalhin ang kaso ko sa NLRC at mag file ng constructive dismissal againts my previous company. Base po sa FAQ's ng NLRC:

"Constructive dismissal is an involuntary resignation resorted to when continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank and/or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to the employee that it could foreclose any choice by him except to forego his continued employment."

Thank you

Hi mikos23. In some companies, drug use is included as an offense in their codes of conduct, which is usually punishable by dismissal from employment. But if your company would really want to proceed in accordance with the government's DO 53-03, then you really have to provide for your procedure in case of positive confirmatory test result, and you also have to have an assessment team who will be responsible for the interventions that you will be doing for the employee, as well as in the monitoring and evaluation of your program. https://www.alburovillanueva.com/drug-free-program-drug-free-workplace

Hi mikos23. In some companies, drug use is included as an offense in their codes of conduct, which is usually punishable by dismissal from employment. But if your company would really want to proceed in accordance with the government's DO 53-03, then you really have to provide for your procedure in case of positive confirmatory test result, and you also have to have an assessment team who will be responsible for the interventions that you will be doing for the employee, as well as in the monitoring and evaluation of your program. https://www.alburovillanueva.com/drug-free-program-drug-free-workplace