The National Employment Council has issued a proposal to modify the conditions governing the circumstances when an employer can carry out searches of employees leaving the company premises. As the law currently stands, only companies mentioned in a Ministerial Decree, which deal with matters or objects that represent a special risk to society can carry out such searches. The new proposal will extend the option to search to all companies, provided certain conditions are adhered to. Such searches can only take place “at random” or if based on a suspicion of theft and in both cases, the consent of the employees concerned is required. In the case of random searches, the consent can be given collectively, through the Union Delegation or the Works Council. If there is a suspicion of theft, the consent of the individual is required. The extent of the search is limited to the objects carried by the employee, his car and/or his luggage. According to the advice from the National Employment Council, the right to search no longer extends to the employee’s clothing.
A collective bargaining agreement must be executed to ensure the searches are carried out in a manner which respects the privacy of the individual.