Worker Appeared on RM in a state of intoxication! Document Forms Needed! Dismissal for drunkenness - how to convict an employee

If an employee showed up at work in a state that gives reason to suspect that he is drunk or in a state of narcotic or other toxic intoxication, you should not immediately come into conflict with him. It is necessary to record the fact of intoxication, for example, to call a doctor for examination or to accompany the employee to a sobering-up station, drug treatment clinic or other medical institution and obtain a conclusion on the employee's condition.

And it is desirable for an individual entrepreneur to be present at the examination of the employee in person. This is necessary in order to understand whether the survey is conducted with violations. Their reason is both the negligence of the employees of the medical institution, and the refusal of the employee to conduct an examination, as a result of which the doctors may not carry out the necessary tests. If the certificate of examination reflects that the employee refused to take tests, then from the moment of receipt of the specified certificate individual entrepreneur it must be understood that the examination was not carried out in full and such an act is not proper evidence that the employee was in a state of intoxication. In order for the dismissal not to be declared illegal by the court with the corresponding consequences for the individual entrepreneur, you should insure yourself and take care of the execution of other evidence.

Despite the fact that the examination is a legally irreproachable way to establish alcohol intoxication, it is quite difficult to use it for a very banal reason - the unwillingness of the employee to undergo a medical examination. If the employee resists and does not want to go to a healthcare facility, we can assume that the first part of the task has been solved (about the second - a little later). You can resort to the services of security (if any) or call the police for help. True, in the latter case, it must be remembered that the request of the entrepreneur to deliver the employee, who is in a state of intoxication, to a medical facility, police officers are not required to fulfill (although more often than not, they still help than refuse). You can go another way - call ambulance(stating by phone a more or less plausible reason for the call (for example, poisoning) and ask the doctors to record in writing the fact that the employee was intoxicated.

As a result of the examination, a medical certificate may be issued, which will establish one of the following conditions of the employee:

1. sober, no signs of alcohol consumption;
2. the fact of alcohol consumption was established, signs of intoxication were not detected;
3. alcohol intoxication;
4. alcoholic coma;
5. state of intoxication caused by narcotic or other substances;
6. sober, there are violations of the functional state, requiring suspension from work with a source of increased danger for health reasons.

It should be noted that the current legislation does not directly establish the need for a medical certificate for the dismissal of an employee on the grounds we are considering. Moreover, in the decision of the Plenum Supreme Court RF dated March 17, 2004 contains an indication that "the state of alcoholic ... intoxication can be confirmed both by a medical report and other types of evidence, which must be assessed accordingly by the court." Such evidence may include:

• witness's testimonies;
• acts on the appearance at work in a state of alcoholic, narcotic or other toxic intoxication;
• memos of officials.

Let's figure out how they can and should be arranged.

An individual entrepreneur should not particularly rely on oral testimony in court (if the case goes to court). By the time the labor dispute with the dismissed person is considered, yesterday’s employees may quit themselves, “forget” what exactly happened, not come to court hearing etc. Therefore, it is preferable to still draw up an act, which, being signed by several employees, can be considered as written testimony.

Act on the appearance of an employee in a state of alcoholic (drug, etc.) intoxication drawn up in free form, but it must indicate:

1. date, place and time of compilation;
2. FULL NAME. and the position of the person who drew up the act;
3. persons (preferably at least two) in whose presence the act is drawn up. Ideally, if these are persons who are not related to the offender at work, for example, employees of other departments);
4. the state of the employee, which should be described in as much detail as possible, indicate external signs, giving reason to assume that the employee is drunk ( incoherent speech, unsteady gait, lack of coordination, presence of smell, etc.);
5. signature of the person who drew up the act;
6. signatures of the persons present at the drawing up of the act.

A sample act is given in Example 1.

The employee may refuse to put a mark on familiarization on the act. In this case, it is necessary to draw up another act - on the employee’s refusal to sign, or make an appropriate note (“the employee refused to sign on the act”) on the first act.

Then it is necessary to invite the employee to provide written explanations about what happened. If he refuses to provide such explanations, another act is drawn up, a sample of which is given in Example 2.

And yet, it must be borne in mind that the presence of only an act and / or memo about the appearance of an employee in a state of intoxication without a medical certificate sharply reduces the chances of the entrepreneur to prove the legality of the dismissal of the employee on this basis.

The reason for this state of affairs is arbitrage practice, which for many years developed in such a way that the courts recognized only a medical report as evidence of the dismissal of employees under this article, since from the point of view of the judges, only a qualified specialist, that is, a doctor, can determine the real condition of an employee. Therefore, it is possible to formalize the dismissal of an employee only if all the documents listed above are on hand, that is, a medical report, acts and memos.

If all the documents are available, you can issue an order for his dismissal by unified form No. T-8. In the text of the order, the grounds for dismissal should be indicated - for appearing at work in a state of intoxication with reference to subparagraph "b" of paragraph 6 of Article 81 of the Labor Code of the Russian Federation, and at the end of the order, provide a link to the completed documents as a basis. A sample order is in Example 4.

In addition, upon dismissal, a note-calculation must be drawn up upon termination of the employment contract with the employee (form No. T-61). It is issued in a standard way, as well as in other cases of dismissal. After issuing the order, it is necessary to familiarize the employee with it under the signature and make the final payment.

You should also give the employee a work book with a record of dismissal, ask him to sign in work book(see Example 5) and in the Book of accounting for the movement of work books and inserts in them on obtaining a work book.

Then you should complete the execution of the employee's personal card (form No. T-2), entering the reason for the employee's dismissal there and asking him to sign on the fourth page of the card (see Example 6).

The appearance at work of an employee in a state of alcoholic or other intoxication can cause severe disciplinary punishment and even dismissal. But the employer must act carefully, because the presence of intoxication still needs to be proven. The employee can subsequently challenge his dismissal in court, and the court must be satisfied that there was sufficient evidence for the reduction.

In subparagraph "b" of the sixth paragraph of Article 81 Labor Code The Russian Federation, edited in 2006, states that drunk attendance at work means that an employee is in such a state not only directly at his workplace, but also in general on the territory of a company or other facility where he carried out instructions from management.

The drunkenness itself not a legal, but a medical term. Its signs can be, for example, reddening of the skin of the face, a change in pulse, tremor of the hands, the presence of an obvious smell of alcohol from the mouth, slurred speech. However, much of this can occur in a person with high temperature or as a result of medication. This should also be taken into account.

In what cases is it possible?

The law provides for the possibility dismissal of an employee even after his one-time exit to work drunk, as this is a serious misconduct leading to a breach of labor obligations. But the head can reduce not always and not all employees who are in such a state.

Persons under the age of majority may be dismissed only after the confirmation of the trade union body or a special commission dealing with the affairs of minors and protecting their rights. This is spelled out in article No. 269 of the Labor Code.

The employer does not have the right to terminate the contract with a pregnant woman, even if she came to work in a drunken state. According to article 261 of the Labor Code, a pregnant woman can be fired only in the event of the liquidation of the enterprise.

It is also impossible to reduce a worker in hazardous production who has been accidentally intoxicated as a result of toxic poisoning. Such an offense is not subject to punishment, since it was committed without intent.

In itself, the presence of alcohol in the blood is not a reason for dismissal, since intoxication means its certain concentration in the body. This is 0.5 ppm, which can be determined after drinking 75 grams of vodka or half a liter of beer with a weight of 80 kilograms.

According to the Labor Code, sanctions against an employee can only be applied if he is intoxicated. An employee who was on the territory of the enterprise in a state of intoxication cannot be reduced in the event that this happened in his work time, for example, after completion work shift, on holidays, weekends, etc.

Options for the development of events

Since toxic or drug intoxication is quite difficult to prove to a non-specialist, it is best to immediately conduct a medical examination of the employee.

The leader must take care about evidence that the employee went to work or was drunk at the workplace. First, a special act must be drawn up, then signed by three witnesses. This document is especially necessary in the event that the employee has refused a medical check, as this refusal is recorded in it. The act also lists the signs by which intoxication was determined.

If an employee behaves inappropriately, fights and scandals, then it makes sense to call the police. Police officers can take him to a medical sobering-up station or to the nearest department. Then additional evidence will appear, which will be recorded in a special report of the Department of Internal Affairs or in the form of a medical certificate from the sobering-up station.

Representatives of the trade union organization, if he is a member of one, may be involved in the verification of the employee. The called ambulance team can also record in writing signs of poisoning by alcohol or other substances by writing out a certificate. But call the police or an ambulance only in special cases.

How to fix drunkenness?

To draw up an act proving the presence of a subordinate in a state of intoxication, the employer must convene a commission of at least three people. It may include a direct supervisor structural unit, a lawyer and a specialist in charge of safety and labor protection.

Conducting a medical examination should not violate the law. Only specialists - narcologists or psychiatrists from narcological dispensaries or other medical institutions can be invited for examination. You can't call the first doctor you see. according to an advertisement in a newspaper, as he may not have the appropriate certificate and license to this species activities. All procedures must comply with the instructions.

Employee has the right to refuse passage medical examination, you should not force him to do it against his will. But then a special act is issued confirming this refusal.

The first necessary document is an act indicating that the person was in a state of intoxication at the workplace. The form of drawing up the act can be arbitrary, but it must indicate the date, the data of the employee and his position, the degree of intoxication, the period of suspension from work, at the end the manager and witnesses sign.

Another mandatory proof is a medical report signed by medical specialists. Also, the employee must, upon subsequent appearance at work, give explanations, that is, write an explanatory note. All of these documents are transferred for storage to the personnel department. The manager may require them for consideration in order to decide on the punishment of such an employee.

Procedure for issuing an order

The first thing an employer should do in the event of such a violation in his enterprise is remove the offending employee from work. This is a mandatory requirement for the head of the organization. He may be held liable in the event of accidents caused by the presence of a person in a state of intoxication at work.

For the correct removal, a separate order should be issued, which can be signed by the head of the entire company or structural unit. With an order punishable must be familiarized with signature. The time sheet counts the number of hours worked before the employee was suspended. Also, a special note is made in the report card, which means that from a certain date the employee was not allowed to work on the basis of the current legislation, the salary during this period is also not charged to him.

In the event of a final decision to dismiss an employee, an order is drawn up. It indicates the date, then the document is assigned a number. All information about employment, transfers, qualifications is also indicated, it is imperative to prescribe specific reasons for dismissal and a link to an article in the Labor Code of the Russian Federation.

The order is given a name, then the date and signature are put. There is an article for dismissal for drunkenness. This is the sixth part of Article 81, namely subparagraph “b”. In accordance with the order, all payments are made to the employee, and a work book is also issued. There is no severance pay in this case.

Other types of employee punishment

There are various punishment options that an employer can apply. This:

1. Dismissal.
2. Comment.
3. Rebuke.

When choosing a sanction should be guided by how the employee was characterized for the duration of the organization. If he showed himself well, he had no other disciplinary sanctions, then you can agree to terminate the contract by mutual agreement of the parties. An entry in the work book about dismissal under this article can have a very negative effect on a future career.

The employee may try to prove in court that the procedure was carried out illegally. If there is insufficient evidence, then it is better for the employer to apply a milder method of punishment - a reprimand or a remark.

Drunkenness, being in a state of intoxication is a very serious disciplinary violation at work, for which punishment is provided. Even a single appearance of an employee drunk gives the manager the right to fire him. An entry must be made in the employee's work book, which practically crosses out his career. But all this requires such evidence as, for example, a medical examination. An act is also drawn up in which the state of the subordinate is recorded. For this, witnesses are required.

Drunkenness in the workplace is punishable by dismissal. The employer has the right to dismiss the employee after one violation (clause 6 of article 81 of the Labor Code of the Russian Federation). The appearance of a drunk worker among machines and mechanisms is a direct threat to the life and health of not only the violator himself, but also the entire team, and technological process. Such an employee is threatened with dismissal for drunkenness. Step by step procedure includes several stages.

When can a drunkenness investigation be held?

Being drunk at work is considered a gross violation. labor discipline. It is enough to come to work drunk once, so that this time will be the first and last. The fate of the employee in such cases is decided by the manager, since the Labor Code leaves the employer with the right to make the final decision.

The head chooses the measure of punishment based on the specific situation, the personal characteristics of the offender and the fact whether it was possible to fix, as required by the rules, the fact of the violation. If for some reason the employer did not have time to document the misconduct, it is better not to dismiss the employee.

It is necessary to start official proceedings only if the violation occurred at work. This means:

1. The violator was exactly at the workplace (checkpoint, shop area, etc.)
2. The perpetrator was drunk while on duty. These are the working hours of the employee himself, and not just the entire organization.
3. A violation recorded at the workplace on the day of day off, vacation, sick leave is not considered committed at work.

If it is confirmed that there is an employee at work in a state of intoxication, this should be documented.

How to fix the state of intoxication correctly

Dismissal for drunkenness in the workplace must be issued in accordance with all the rules. For a biased approach to the application of the most stringent disciplinary measure, the employer may be held accountable, and the dismissed person may be reinstated.

In order to competently qualify a violation, the employer must, in the course of official investigation obtain confirmation of the state of intoxication by a medical examination or other evidence. By law, you cannot force an employee to undergo a medical examination. If the examination is refused, an act must be drawn up, which in the future, if the dismissed person goes to court, will become an additional argument in favor of the employer.

Interesting Facts

You need to know that not all employees can be fired for drunkenness or drug use. Some categories of workers have benefits in this matter as well. In particular, according to Article 269 of the Labor Code, it is possible to dismiss a worker under 18 years of age for such actions only with the consent of the guardianship authority or the Labor Inspectorate. It is possible to fire a pregnant employee, but only if there is evidence of her intoxication, and not the use of alcohol-containing medicines.

The actions of the employer are only legal if he reasonably states the state of the employee as being drunk, allowed at work and not the result of a deterioration in health (for example, increased pressure, medication, etc.). If the requirements of the law are taken into account during the internal investigation, then, based on its results, the employee may be punished accordingly. In the event of further proceedings, the court will not be able to convict the employer of illegal actions and cancel the dismissal order.

Step-by-step procedure for filing a dismissal

If the employer intends to apply the most severe measure to the violator of labor discipline and dismiss him for drunkenness at the workplace (clause 6, part 1, article 81 of the Labor Code of the Russian Federation), he must act in accordance with the procedure established by the legislator (Article 193 of the Labor Code of the Russian Federation).

Step 1. Immediate supervisor offender informs the superior employee about the alleged condition of the employee.

Step 2. By order of the head, a commission of 3 people is appointed to conduct an internal investigation.

If the commission finds outward signs of intoxication in an employee, he is asked to undergo a medical examination. If the employee refuses to pass, the refusal is recorded with the help of an act signed by members of the commission and witnesses from among the employees.

In practice, a drunk worker is limited to only drinking alcohol in the workplace. But sometimes in such a state, thefts in the organization or insulting other employees of the company can be committed.

In such a situation, the presence of insults will be recorded in an act that can become a justification not only for dismissal, but also for bringing to justice administrative responsibility under Article 5.61 of the Code of Administrative Offenses of the Russian Federation.

If there was a theft of property, then criminal punishment under Article 158 of the Criminal Code of the Russian Federation will also be applied. An organization can file a claim for criminal prosecution and damages no later than one year.

Step 3. The employee is suspended from work, he is given 2 days to the country written explanation. Suspension from work is carried out by order. The employee must put his signature on familiarization with the order. If he refuses to do this, without drawing up an additional act of refusal, right on the order, make the necessary note and put the signatures of two witnesses.

Step 4. An act is drawn up in any form about being at work in a state of intoxication. The act reflects:

• time and place of compilation;
• personal data of commission members;
• signs by which a conclusion was made about the state of alcoholic intoxication: the smell of alcohol, speech disturbances, postural instability, reddening of the face, agitated state, inappropriate behavior.

Members of the commission must, as carefully as possible, indicate in the act all the signs that took place at the time the act was drawn up.

If after the time prescribed by law (2 days) there is no written explanation of the misconduct, an act is also drawn up.

When all the evidence confirming the fact of being drunk at the workplace is collected, the question of how to dismiss an employee for alcohol intoxication can be considered resolved: the employer has the right to issue an order to dismiss the violator. As a rule, the manager takes this extreme measure, unless there are extenuating circumstances. They can be, for example, the following:

• the employee has never had a penalty;
• has been with the organization for a long time;
• there were no serious consequences for production caused by misconduct.

Some facts

The permissible amount of alcohol in the blood may also be available when taking medications or certain foods, for example, kvass, kefir or whey. In fact, a small amount of ppm in the blood can justify the need to be removed from work only in case of poor health, but will not be a reason for dismissal and a refund of the money spent on the examination.

Considering all the factors, the employer may limit himself to reprimanding. In any case, an order is drawn up no later than one month from the date of discovery of the misconduct.

An order to impose a disciplinary sanction in the form of a reprimand is drawn up in any form. The order of dismissal - in the form of T-8.

An entry must be made in the work book of the employee indicating the reason for the dismissal and a reference to the article of the Labor Code of the Russian Federation. The dismissal order is recorded in the register of orders. After the order is issued, no later than 3 days from the date of its writing, the dismissed art. 193 of the Labor Code of the Russian Federation).

Full settlement with the employee is made on the day of dismissal. He is paid a salary for the time actually worked, vacation compensation, if required.

Conclusion

The dismissal of an employee in a state of intoxication must be executed in the manner prescribed by law. As a rule, an employee fired under such a reputation-staining article will look for the slightest inaccuracy in the actions of the employer in order to prove the illegality of the dismissal and cancel the article.

If the court declares the dismissal illegal, the employer will have to pay wages for the entire time of forced absenteeism, compensate for non-pecuniary damage, and change the basis for dismissal.

If the medical examination was done at the enterprise, methods and methods of examination permitted by the Ministry of Health and Social Development of the Russian Federation should be used. Otherwise, the court does not recognize the issued conclusion as evidence and may recognize the dismissal as illegal with all the ensuing consequences.

To get a lawyer's comment - ask questions below

By law, every manager has the right to terminate an employment contract with an employee who appears at the workplace in a state of intoxication. The possibility of dismissal for drunkenness is provided for in paragraphs. b p. 4 art. 81 of the Labor Code of the Russian Federation. As practice shows, a person who comes to work in a state of intoxication has a significant decrease in efficiency and concentration, which can lead to adverse consequences for other employees and even to tragedy.

Dismissal for alcohol intoxication is a logical reaction of any leader who has the right to immediately stop labor Relations with a subordinate, and make him a preliminary remark or reprimand. In any case, drunkenness is a serious reason for the delinquent worker to be removed from work. official duties on the day of the offense.

In general, the procedure for dismissal for drunkenness at the workplace is practically the same as the usual termination of an employment contract at the initiative of the employer, with the exception of some points: it must have Required documents proving the guilt of the dismissed employee.

From a medical point of view, there are several degrees of intoxication: light, medium and heavy, this is due to the percentage of alcohol in the blood:

• Light: up to 1.5%.
• Average: up to 2.5%.
• Severe: from 2.5% or more.

Most often, the presence of more than 5% of alcohol in the blood causes serious alcohol poisoning or even to whom, which poses a particular danger to the health of the worker himself and can lead to lethal outcome. To prevent this, you need to immediately call an ambulance upon detection of a misconduct, and postpone the proceedings for a day when you can have a constructive conversation with the offending employee, and nothing will threaten his life. Drawing up an act on the employee being drunk in such a situation can be done on the same day, because the most important thing is that it be signed by at least two witnesses.

Legal basis

It is worth noting that at the legislative level, when dismissed for drunkenness, there are several articles at once, but each of them is applied strictly in specific cases:

• Art. 76 of the Labor Code of the Russian Federation, according to which the employer is obliged to remove from labor activity an employee who appeared in a state of intoxication. This measure is mandatory, and the manager must apply it at the time of discovery of misconduct.
• Art. 81 of the Labor Code of the Russian Federation directly indicates that the head has every right to dismiss a subordinate if he came to work drunk. It is not necessary to make a preliminary remark or reprimand in this case, because just one gross violation is enough for dismissal, even if the employee has not previously been subjected to disciplinary sanctions.
• Art. 192 of the Labor Code of the Russian Federation gives employers the right to apply any of the disciplinary sanctions (reprimand, reprimand or dismissal) against their subordinates who came to the organization drunk. Which one to choose depends directly on the desire of the leadership.

The very procedure for applying disciplinary sanctions is regulated by Art. 193 of the Labor Code of the Russian Federation, which says the following:

• Before dismissing an employee, the manager must request an explanatory note from him. If it was not provided within two days, then he draws up the corresponding act. Failure to submit an explanatory note is not grounds for suspending the procedure for terminating an employment contract.
• An employer may dismiss a subordinate not later than one month after the misdemeanor was discovered. An exception is when an employee is on vacation or on sick leave - this time is not taken into account.
• Having issued an order to apply a disciplinary sanction, the head is obliged to familiarize the employee with whom it was drawn up against signature within three days.

If the offending employee has claims against the employer and considers his dismissal illegal, he can appeal against it by contacting labor inspection or court.

How to fire for drunkenness in the workplace and what you need for this:

• To begin with, the director must record the fact that the subordinate is on the territory of the organization in a state of intoxication. For this, an act is drawn up and signed by two witnesses. Reports and complaints from other employees may be attached to the case.
• The head issues an order to remove his employee from work, then requires an explanatory note from him.
• Next, a memorandum in any form is prepared. It should reflect the grounds for dismissal and directly describe the situation itself.

According to labor law, an employer has the right to dismiss an employee who has committed a gross violation even once. Such violations include the appearance on the territory of the enterprise in a drunken state, because this sometimes poses a danger not only to the development of the enterprise, but also to the lives of the people working in it.

Step-by-step instruction

In order to properly terminate an employment contract due to the appearance of an employee in a state of intoxication in an organization, you must do the following:

• Draw up an act confirming that the employee is in a state of intoxication. This can be done by both the manager himself and the person responsible for the pass to the facility. After writing the act, it is necessary to enlist the signatures of two witnesses. It is desirable that they are not directly related to the delinquent employee and work in another department or division. Also, witness statements can be recorded in a memorandum.
• After drawing up the act, the manager must demand an explanatory note from the subordinate, having previously issued an order demanding that it be provided within two days, and familiarizing the employee with it against signature.
• After receiving an explanatory note, the employer has a month to decide which disciplinary sanction to apply to the employee: a remark, a severe reprimand or dismissal. If, after two days, an explanatory note has not been provided, then an appropriate act is created and certified by the signatures of two witnesses. It should be noted that weekends holidays are not taken into account, and if the perpetrator has not been able to explain his misconduct in writing, this cannot in any way prevent his dismissal.
• Further, the employer draws up a memorandum in any form, and it is supported by other documents: an act on appearing at work in a state of intoxication, an explanatory note for the employee himself, or an act on his refusal to provide written explanations.

After all of the above actions, the procedure for terminating the employment contract is carried out according to the general algorithm:

• The head draws up an order for dismissal for drunkenness, a sample of which is established by the Decree of the State Statistics Committee of 01/05/2004 No. 1 and is filled out in the T-8 form. If several people are subject to dismissal, then another form is used - T-8a.
• The issued order is recorded in the appropriate journal.
• An employee of the personnel department signs a note-calculation according to the Decree of the State Statistics Committee of 05.01.2004. No. 1 form.
• Immediately on the day of dismissal, a full payment is made to the employee: a salary is issued for the hours worked, compensation for unused vacation and other payments provided for by labor legislation or a collective agreement.
• Information about the dismissal is entered into the employee’s personal card, then they are certified by his signature and the signature of an employee of the personnel department. If the dismissed person refuses to sign on the card, then an appropriate entry about this is made on it.
• The workbook is filled out. The dismissed employee must sign it.

Dismissal under the article for drunkenness: entry in the work book

As you know, the correct filling of documents has great importance, and no errors are allowed here. To properly issue a work book, you should use a simple instruction:

• Enter the serial number of the entry in the first column.
• Next, enter the date of dismissal: day, month and year in numbers.
• Information is entered in the next column “Information about hiring ...”: the reason and a link to an article in the Labor Code of the Russian Federation. Example: " Labor contract terminated at the initiative of the employer in connection with the appearance at work in a state of intoxication, paragraphs. b p. 6 art. 81 of the Labor Code of the Russian Federation.
• After the reasons, in the next column “Name, date and number of the document ...”, data on the document that is the basis for making these entries is indicated - the dismissal order.
• In conclusion, the head or employee of the personnel department, after all the entries, puts the seal of the organization and his signature, then issues a book to the dismissed employee, who, in turn, also signs on the same sheets.

After issuing a work book, an employee of the personnel department must make an entry about this in the Book of the movement of work books. If the dismissed person cannot receive this document due to absence from the workplace, then the employer must send a notification by mail about the need to come to the organization and pick up the documents, or give his consent to the postal item. There are frequent cases when former employees do not give an answer, but after some time they come to the company on their own for their documents, and then the manager is obliged to issue them no later than 3 days after receiving a written request.

There are plenty of cases when drunk people are present at their workplaces. The consequences of going to work in this form can be very different. Dismissal under the article for drunkenness is a completely legal procedure. To make an employee a shameful entry in the work book, the employer needs very little. Such a dismissal can subsequently spoil many attempts to get a job again, to make a career. "Service" drunkenness can bring other troubles.

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Slightly drunk worker: the core of the problem

Suppose yesterday there was a stormy feast with plentiful libations, and today the state of health is far from the best. In the meantime, you need to go to work. Most people deal with the problem by treating like with like. That is, they get drunk. The condition seems to be improving: the head clears up, the hands do not tremble, the stomach calms down, and so on. And now the man is at work. Another option is to drink alcohol during your lunch break. Almost everywhere there are lovers to wash down a plate of borscht with a can of beer - supposedly to improve digestion.

Such an employee may not feel drunk at all. However, this is not a matter of real sobriety, but only of sensations. Many people with a long alcoholic experience need a solid portion of alcohol to “get through”. However, regardless of their feelings, there is a certain dose of ethanol in the blood, which poisons the body in full swing, dulls reactions, and reduces the efficiency of the brain.

An allegedly sober employee can easily violate safety standards, make a mistake in work, let down colleagues and the entire organization. All this - without the slightest awareness of their miscalculations and insufficiently adequate behavior.

And what does it look like from the outside, and what are the consequences? The smell of fumes, yesterday and today, insufficiently coherent speech, loss of accuracy of movements - this is what the colleagues of the tipsy worker feel and see. If such an employee is part of a long chain, it can be broken, the whole process can go wrong. And it does not matter whether we are talking about working with documents (for example, the implementation of a complex project) or conveyor production.

The situation is even more serious if a person comes to work with a hefty dose of alcohol in the blood.

Drunk employee: a nuisance or a real threat?

At a certain dose of alcohol, a person's intoxication is no longer in doubt. Drunkness is recognized by a variety of signs: unsteady gait, “weaving” tongue, and so on. How responsible and correct will be the actions of such a person when performing official duties? In most cases, the probability of a full-time job for such an employee is very close to zero. Here the simplest example drunkenness in the workplace, and the consequences can be the most adverse.

If an obviously drunk employee usually works with clients, what impression will he make on his visitors? What opinion will be created about the department where this person works, about the entire organization as a whole? Damage to reputation and loss of customers are the most likely consequences.

In production, a drunk worker creates defective products, he can spoil the raw materials or damage the intermediate results of someone's labor. Equipment breakdowns are also not uncommon, which are caused by inadequate behavior, errors in the operation of equipment. Finally, the most unpleasant consequences are injuries and even death of people in the workplace. But a drunk worker can not only suffer himself, because of him, harm can also be caused to his colleagues.

The latter situation is already a full-fledged trial, including criminal article. It will involve not only the employee who “took on his chest”, but also his immediate superiors, people responsible for labor protection, and other management of the enterprise. How full-fledged will the company's activities be against the background of endless checks and other procedures? And most importantly: is someone's health or life not too high a price for a dose of alcohol?

What steps can an employer take?

If an employee is found drunk at the workplace for the first time, he may well get off with a temporary suspension and a warning.

The first measure is regulated by Article 76 of the Labor Code of the Russian Federation. The employee in this case is not allowed to work until he sobers up. How much time to allocate for this is decided by the employer, usually the period is one or two days. No sick leave, the employee is counted downtime. There is, of course, no pay either.

Warning is another measure. If everything was limited to a conversation, the delinquent employee can be sure that he was lucky. Perhaps the authorities took into account any unfavorable circumstances in the life of a subordinate or simply appreciate him as an employee. A more unpleasant option is a written warning. It will remain in a personal file and can significantly complicate promotion.

Finally, a drunk worker can be fired for drunkenness at the workplace, there is an article of the Labor Code of the Russian Federation about this. True, for the application of the last two measures, a certain procedure must be observed.

Medical examination and act of violation

The degree of intoxication of an employee is not determined "by eye". Difficulty speaking, swaying gait, and the smell of alcohol can be explained by illness, stress, and taking certain medications. To convict an employee of drunkenness, everything must be documented.

The procedure may vary from company to company, but in general terms comes down to this:

1. Information about an allegedly intoxicated employee should go to his immediate supervisor.
2. A commission is formed and an official investigation begins.
3. The result of the commission's work is a special act. It describes the current situation, indicates the signs by which the employee was suspected of drunkenness. The act is signed by members of the commission, employees-witnesses and the offender himself.
4. A drunk employee may be required to write an explanatory note. If this happens, the document is attached to the act.
5. If an allegedly intoxicated employee refuses to recognize himself as such, the employer may offer a medical examination. It is to offer, not to oblige, this question is purely voluntary. The employee's refusal to apply to the medical board must also be recorded in the act.
6. In case of consent, the employee undergoes a medical examination. This is a paid procedure, the costs are covered by the employer. If the fault of the employee is confirmed, then the funds spent will most likely be later deducted from wages or charged in some other way.

If the employee's drunkenness is confirmed, the offense is considered proven. And then the employer can only determine how exactly the employee will be punished.

Legislative reservations

Can dismissal under article for drunkenness be illegal, unreasonable? Of course. Not all employers are 100% conscientious. If the dismissal procedure was carried out with violations, the employee has the right to resolve the issue through the judicial authorities.

If the case goes to court, then the employer will have to fully and clearly justify the dismissal of the employee under Article 81 of the Labor Code of the Russian Federation. This will not work if an employee convicted of drunkenness at the workplace was found in this form at the end of the working day.

Just being in the workplace drunk is one thing, but performing your duties while drunk is another. If the employee proves that the situation was just such, the court may take his side and cancel the decision to dismiss him under the "drunk" article. Plus, the employer will be required to take the employee to work again, and even pay for a simple one. Of course, how relations will develop in terms of “boss-subordinate” after this is a separate question.

It is impossible to just dismiss an underage worker or a pregnant woman for drunkenness at the workplace. In such situations, the employer is obliged to involve the labor inspectorate and (if necessary) the commission on juvenile affairs.

Another situation is intoxication, which occurs as a result of any technological violations at work, and not after drinking alcohol. In this case, the state of intoxication occurs unintentionally, therefore, there can be no penalty in this regard.

How to improve relations with the employer?

Most of the leaders ordinary people. The easiest way for a delinquent employee is to try to negotiate, to peacefully resolve the problem.

To take or not to take alcohol, each adult decides for himself. However, the question of whether to drink or not to drink outside the workplace should not arise at all. And if the problem of giving up alcohol is not solved by simple willpower, then more effective measures are needed. In this case it is necessary:

• to realize that the problem of alcohol abuse exists and is fraught with many unpleasant consequences;
• want to solve this problem;
• contact a narcologist, be examined;
• undergo a course of treatment.

It is possible that the narcologist will prescribe medications. This refers to drugs for aversion to alcohol. When using such drugs in the liver, the production of special enzymes that break down ethanol stops. As a result, drinking alcohol turns into simply terrible health, in the most severe cases, death can even occur. It is necessary to apply such treatment with full awareness of the consequences of an alcohol breakdown. But such therapy is a good reason to build relationships with the employer. Even before the end of the medication, you can bring a certificate to the service about. The authorities may well appreciate the efforts of the employee and abandon the thought of firing him. However, it is still not worth counting on the further tolerance of the leaders.

The article of the Labor Code for drunkenness does not stipulate the degree of drunkenness of an employee. Even a single arrival at work dazed can be a reason for dismissal. What will happen next? Finding difficulties new work, stress, financial problems. Possibly more than successful career. All these potential Negative consequences drunkenness at work should be assessed as carefully as possible. And make the only right decision: there is work to be done - alcohol is prohibited.

Attention!

The information in the article is for informational purposes only and is not an instruction for use. Consult with your physician.