Cannabis at Work — Swiss Labor Law
Cannabis use in leisure time is private — until it affects job performance or safety. Swiss labor law protects both sides, but with varying intensity by industry.
Leisure use: private matter (CO 328, DPA). Use at workplace: grounds for termination. Drug test: only with basis (suspicion, safety job, contract). Positive test → not automatic termination, proportionality check.
CO 328 — duty of care
Employer must respect employee's personality (CO 328 para. 1). Leisure activities are private.
Data Protection Act: health data (including drugs) especially protected.
Drug test — when allowed?
By default no. Allowed only for: (a) justified suspicion, (b) safety-critical jobs, (c) contractually agreed and proportionate.
Only by qualified doctor, with consent.
Termination for cannabis
Use at workplace: grounds for termination. Warning needed for first violation.
Positive test without performance impact: immediate termination disproportionate.
Medical cannabis at workplace
Patient with prescription: notification to employer only in safety-critical jobs.
Sativex, dronabinol can affect reaction time — driving ban common in titration phase.
FAQ
Can my employer test me?
Only with basis: suspicion, safety-critical job, or contract clause.
Termination for leisure use?
Not automatically. Only if performance provably suffers.
Medical cannabis?
Like other medication. Notification only in safety-critical jobs.
Cannabis Labor Law Switzerland — Termination, Drug Test 2026