💼 Work and addiction

Addiction in the workplace: why alcohol dependence counts legally as an illness, what workplace integration management (BEM) means and what limits employers have.

dismissal because of addiction BEM § 167 SGB IX company doctor confidentiality

In brief

The case law of the Bundesarbeitsgericht (BAG, Federal Labour Court) consistently treats alcohol dependence as an illness, not as misconduct. A dismissal is therefore, if at all, possible only as a dismissal for reasons relating to the person, with strict requirements – including a negative prognosis for the future, in which the person's willingness to undergo therapy plays a central role.

Regardless of the diagnosis: anyone who has been unfit for work for more than 6 weeks within 12 months is entitled to workplace integration management (Betriebliches Eingliederungsmanagement, BEM) – participation is voluntary. Company doctors are bound by confidentiality, including towards the employer.

Step by step

You need not conceal the illness, but also need not disclose it unaskedWhen you are unfit for work, you only have to report the incapacity itself and its expected duration, not a diagnosis.
Check the BEM offerFrom 6 weeks of incapacity for work within 12 months, the employer must offer BEM; you decide voluntarily whether to take part.
Use workplace/external supportMany employers have addiction officers or works agreements on addiction prevention; the external addiction advice centre also helps.
If dismissal is threatened: get legal adviceIn particular, the question of willingness to undergo therapy is central to the chances of success of an unfair dismissal claim.

Deadlines

6 weeks

From this duration of incapacity for work (continuous or repeated) within 12 months, there is an entitlement to be offered workplace integration management (BEM), regardless of the diagnosis.§ 167 Abs. 2 SGB IX

3-stage test

For a dismissal because of illness (including addiction-related), the labour court examines: negative prognosis for the future, significant impairment of the business, balancing of interests.Settled BAG case law, e.g. BAG, judgment of 20 March 2014 – 2 AZR 565/12

voluntary

Participation in BEM is voluntary for employees; a refusal must not automatically be held against the employee.§ 167 Abs. 2 SGB IX

Watch out – common mistakes

If the person concerned refuses withdrawal treatment, this can support the employer's negative prognosis in a later unfair dismissal claim – willingness to undergo therapy is legally relevant.
Doctors (including company doctors) may not pass diagnoses on to the employer without consent.
There is no general statutory entitlement to workplace addiction support or addiction officers – this is voluntary workplace practice, mostly regulated through works agreements.

In depth · legal basis, figures and practice – for advisers and professionals

Dismissal because of alcohol addiction: the BAG line

According to settled BAG case law (including BAG, judgment of 20 March 2014 – 2 AZR 565/12; BAG, judgment of 20 December 2012 – 2 AZR 32/11), alcohol dependence is an illness; a dismissal is therefore possible only as a dismissal for reasons relating to the person, not for conduct. A three-stage scheme is examined: negative prognosis, significant impairment of the business, balancing of interests. Central to the prognosis is willingness to undergo therapy at the time of dismissal: if the person concerned refuses withdrawal treatment, this regularly supports the negative prognosis. After a withdrawal therapy, as a rule only a renewed relapse justifies a new negative prognosis.

Workplace integration management (BEM)

§ 167 Abs. 2 SGB IX obliges employers, from the first employee onwards, to offer BEM in cases of more than 6 weeks' incapacity for work within 12 months – the diagnosis plays no role in the obligation itself. Participation is voluntary; a refusal must not automatically be held against the employee, but can influence the employer's burden of explanation regarding milder means in a later unfair dismissal case.

Company doctor, data protection, workplace addiction prevention

The company doctor is bound by medical confidentiality, including towards the employer; findings may be passed on only with consent. Covert or unprompted alcohol/drug tests are not permitted. Workplace addiction officers or addiction support programmes are based on workplace practice and works agreements, supplemented by DGUV recommendations on addiction prevention. When on sick leave, employees only have to report the incapacity for work and its expected duration, not a diagnosis.

Uncertain/not conclusively clarified

The exact legal effect of refusing BEM on a later unfair dismissal claim, specifically in cases of addiction, is not uniformly settled in the commentary and was not researched in depth here.

Who is responsible

Employer (duty to offer BEM)
Company doctor
External addiction advice centre
Labour court (in a dispute)

Quick questions

Worum geht es bei „Work and addiction“?

Addiction in the workplace: why alcohol dependence counts legally as an illness, what workplace integration management (BEM) means and what limits employers have.

Which deadlines and figures matter?

6 weeks: From this duration of incapacity for work (continuous or repeated) within 12 months, there is an entitlement to be offered workplace integration management (BEM), regardless of the diagnosis. (§ 167 Abs. 2 SGB IX)
3-stage test: For a dismissal because of illness (including addiction-related), the labour court examines: negative prognosis for the future, significant impairment of the business, balancing of interests. (Settled BAG case law, e.g. BAG, judgment of 20 March 2014 – 2 AZR 565/12)
voluntary: Participation in BEM is voluntary for employees; a refusal must not automatically be held against the employee. (§ 167 Abs. 2 SGB IX)

What should I do first?

You need not conceal the illness, but also need not disclose it unasked: When you are unfit for work, you only have to report the incapacity itself and its expected duration, not a diagnosis.
Check the BEM offer: From 6 weeks of incapacity for work within 12 months, the employer must offer BEM; you decide voluntarily whether to take part.
Use workplace/external support: Many employers have addiction officers or works agreements on addiction prevention; the external addiction advice centre also helps.

What do I need to watch out for?

If the person concerned refuses withdrawal treatment, this can support the employer's negative prognosis in a later unfair dismissal claim – willingness to undergo therapy is legally relevant.
Doctors (including company doctors) may not pass diagnoses on to the employer without consent.
There is no general statutory entitlement to workplace addiction support or addiction officers – this is voluntary workplace practice, mostly regulated through works agreements.

Evidence

§ 167 Abs. 2 SGB IX (gesetze-im-internet.de)
BAG, judgment of 20 March 2014 – 2 AZR 565/12
BAG, judgment of 20 December 2012 – 2 AZR 32/11
DGUV, Suchtprävention in der Arbeitswelt (publikationen.dguv.de)

As of

As of September 2026. · Sources and method

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