El País reported this week that Colombia’s Constitutional Court has tweaked labor legislation placing a blanket ban on working under the influence of psychoactive substances. The Court found that workers should only be punished for consumption if it has a direct effect on their performance at work. Employers can still ban working under the influence of such substances for activities involving risks for workers, for their co-workers or others. The Court however highlighted that the “disciplinary measures cannot be taken if the employer is unable to demonstrate the negative impact that the consumption of psychoactive substances has on the obligations of employees”.
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