# Can employer put a right to search my person and car in my employment contract



## camroc101 (14 Oct 2009)

Hello,

I have been offered a permanent position at my place of work a pharmaceutical co. 

The contract however has a clause which states it can search me and my car if they so choose.

This seems to me like a breach of my privacy. 

My query is firstly do other companies have this clause and is it within employment rights. 

Secondly if i start to try and discuss to have it removed can they just ask me to leave the job. I have been on temporary contract for 1 year and three months.

Thanks in advance for your advice.


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## woodbine (14 Oct 2009)

*Re: The right to search*

i don't really see why there's a problem with the clause? 

there's nothing to worry about about if you have nothing to hide.


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## circle (14 Oct 2009)

*Re: The right to search*

I'd imagine that any workplace where you may have access to valuable Intellectual Property would have to have a similar clause in order to support any potential security investigation.


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## camroc101 (14 Oct 2009)

*Re: The right to search*

Yes you are right thanks for the response. I should be happy I am in a position that I have a job. Ill sign it.


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## Purple (15 Oct 2009)

I presume it specifies that they have the right to search it only while it is on their property, i.e. they can’t arrive at your home and ask for your car keys.


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## shipibo (15 Oct 2009)

I think its a bit strange that company reserve right to search you or your car ....

Unfortunately, they may withdraw contract if you question this, but it is a bit of a liberty


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## Jewel (15 Oct 2009)

Yes , this is quite common. 
I've issued contracts with this or similar clause in it for a few different organisations. 

Some organisations have metal detectors at the staff entrances , and hundreds of staff go in and out the door every day quite happily. 

Personally, I have no problem with such a clause.


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## Yorrick (18 Oct 2009)

Under Employment Law as long as you agree to it they can put it in the contract. O.K. as has been pointed out if you dont agree you don't get the job. Its the same as Companies wanting drug tests, alcohol tests etc included.


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## Mucker Man (18 Oct 2009)

I work in a pharma company and everyone working for the company has this clause in their contracts. Cars are checked randomly by security staff. I have never heard a complaint from any employee.


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## gabsdot (19 Oct 2009)

I used to work in Argos years ago in England and they reserved the right to do random bag searches. 
If it's in your contract you sign up to it when you accept the job.


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## Mpsox (20 Oct 2009)

It;s quite common in the Financial Services sector, especially where staff would be handling cash. Normally companies would only use the clause where they had suspecion of theft or fraud occuing


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## IsleOfMan (20 Oct 2009)

Mpsox said:


> It;s quite common in the Financial Services sector, especially where staff would be handling cash. Normally companies would only use the clause where they had suspecion of theft or fraud occuing


 
I worked for 30 years in banking and never heard about this? I'm sure the IBOA would do a lot of huffing and puffing about this.


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## fobs (20 Oct 2009)

This is in my contract and I work for a large Food Manufacturers. It mostly applies to the factories rather than the offices. There are random searches of cars but although I've never been searched I would not object.


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## Deas (20 Oct 2009)

The employer has obviously had a situation in the past that they do not want repeated.  In Banking terms, the IBOA would be foolish to defend cases of theft where procedures are followed.


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## Mpsox (20 Oct 2009)

ParkLane said:


> I worked for 30 years in banking and never heard about this? I'm sure the IBOA would do a lot of huffing and puffing about this.


 
Standard clause in the 1 Irish and 2 English banks I've worked in, all 3 were unionised. You would be entitled to have a union rep present whilst such a search was going on, unless it was being carried out by the Gardai/PSNI as part of a criminal investigation


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## mathepac (20 Oct 2009)

Mpsox said:


> ... unless it was being carried out by the Gardai/PSNI as part of a criminal investigation


Why would the PSNI be  searching people or investigations in Ireland?


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## bond-007 (20 Oct 2009)

Some people still think the 6 counties are a part of Ireland still.


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## Mpsox (20 Oct 2009)

mathepac said:


> Why would the PSNI be searching people or investigations in Ireland?


 
Without getting into the politics of this I as simply making a general point regarding working in most Irish banks which have a presence on both side of the border. If you were in the North, the PSNI applies, in the South, the Gardai


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## sandrat (31 Oct 2009)

I used to work in Dunnes in stephen's green and all staff bags were searched on leaving the store to make sure we hadn't robbed anything and if we had bought something in the store the receipt had to be signed by a manager to make sure we hadn't just put it through our own till or someone elses and not paid for it.

I assume they would only be searching you to make sure you aren't robbing anything not to look for anything else of a personal nature. Drugs are products that are probably worth robbing due to value on the bkack market so it makes sense that they have the right to search you.


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