Dismissal for appearing at work while intoxicated: a step-by-step procedure. An employee appeared at the RM in a State of Alcohol Intoxication! Document Forms Needed

Dismissal of an employee for appearing at work while intoxicated is provided for by labor legislation and is a last resort measure used by the employer. Drinking alcoholic beverages not only harms human health, but also affects work efficiency. Statistics show that a drinking person is able to miss from 35 to 70 days in one year.

A drunk person in the workplace poses a safety risk technological process. If there is a drunk employee in the workplace, the number of injuries and accidents increases.

Grounds for dismissal

The legal basis for dismissing an employee who is intoxicated at work is regulated by the Labor Code Russian Federation. The punishment for this violation is described in the Labor Code in articles numbered: 76, 81, 193, 192.

The appearance of an employee at the workplace under the influence of alcohol, drugs or intoxication toxic substances is a gross violation Labor Code. For such a violation, the employer has the right to dismiss the employee. Moreover, dismissal can occur even if a person who is intoxicated is not at the workplace, but on the territory of the organization.

The head of the company makes a decision based on specific situation, draws attention to personal characteristics person. An employee who commits a violation may be fired, reprimanded, or fined.

A worker can be dismissed only if alcohol intoxication has been confirmed by a medical examination.

If a violation of the Labor Code occurred at work, the employer has the right to begin official proceedings.Before starting the proceedings, you need to make sure of the following:

• The person was intoxicated at the workplace or on the territory of the organization.
• While at the workplace or territory of the organization, the offender had a work shift.

If the violator had a day off, vacation or time off and was at that moment on the territory of the organization or workplace, this is not a violation. If an employer finds his employee drunk at the workplace during a work shift, then this violation must be documented.

Recording the fact of drunkenness

Dismissal for appearing at work while intoxicated is possible only with a medical examination. If a manager takes disciplinary action against a worker without having the right to objective reasons, then the fired person will be reinstated, and the manager will be punished.

In order to prove a violation, the employer must document it through a medical examination.

The violator has every right to refuse to undergo examination. In this case, a certificate of refusal of passage must be drawn up. In court proceedings this will be evidence of a violation.

Actions of the employer in case of detected drunkenness in the workplace:

1. 1. First of all, a report is drawn up regarding the worker’s appearance or presence at work in a state of intoxication. When drawing up the act, two witnesses must be present. As a rule, they are employees of the same organization in which the violation occurred. It is allowed to draw up an act in any form.
2. 2. The next step is an order to remove the offender from execution labor responsibilities.
3. 3. The violator must write an explanatory note. The deadline for its preparation is two days. If the employee does not provide it within two days, then the manager must draw up an act of refusal to provide an explanatory note. This act must contain the signatures of two witnesses.
4. 4. After all the actions, the manager must write a report about the employee’s violation of the Labor Code. The form of the note is arbitrary.

Conducting a medical examination

A medical examination of a worker’s state of alcoholic intoxication is carried out during his stay at the workplace or territory of the organization. All results of the medical examination are recorded in the conclusion.

Medical examinations are carried out only by narcologists.

In order to carry out an examination, the manager must take the employee to a clinic where there is a narcologist’s office, or to a mobile medical laboratory. To carry out the procedure, only certified devices must be used, and medical teams must have permission to carry out this activity.

To confirm alcohol intoxication, test data are used to indicate the presence and amount of alcohol in a person’s blood. The tests carried out must be included in the list approved by the Ministry of Health of the Russian Federation. It is possible to use special devices that detect the presence of alcohol in exhaled air.

Carrying out the procedure for examining the state of alcoholic intoxication:

• To confirm alcohol intoxication, test data are used to indicate the presence and amount of alcohol in a person’s blood. The tests carried out must be included in the list approved by the Ministry of Health of the Russian Federation.
• It is possible to use special devices that detect the presence of alcohol in exhaled air.
• If a person refuses to undergo a medical examination, a statement of refusal is drawn up and signed.
• After the procedures are completed, the parties must be familiarized with the results. The employee signs.
• The medical examination certificate is issued to the head of the enterprise or an authorized representative. If it is not available, it will be sent by mail.

The fact of intoxication is unproven if, during the medical examination, means were used that are not included in the list of permitted ones.

If an employee refuses to conduct a medical examination of the state of alcohol intoxication, then the manager has the right to create a commission to draw up a report on the violation. Such an act states the following:

• Is there a smell of alcohol in the exhaled air?
• Is there a smell of fumes?
• Is there a lack of coordination of movements?
• Does the offender have a staggering gait and an unstable position (perhaps a fall of a drunken employee, this is also recorded).
• Do you have hand tremors?
• How appropriate is the behavior?
• Is there a lack of concentration?
• How coherent is the speech?

The violator must familiarize himself with the drawn up act and put his signature. All participants of the created commission must also put their signatures.

Dismissal procedure

After evidence has been collected about the employee’s violation of the Labor Code, an order to dismiss the employee is drawn up. The head of the organization has the right not to dismiss the employee, but to apply disciplinary action. The order for disciplinary action is drawn up in free form. An order of dismissal or disciplinary action for a violation is drawn up within one month from the date of discovery of the misconduct.

Step-by-step termination procedure employment contract for drinking:

• When dismissing an offending employee, an entry is made in the work book indicating the grounds for dismissal, referring to an article of the Labor Code of the Russian Federation.
• The dismissal order must be recorded in the order journal. Within three days from the date of issuance of the dismissal order, the employee must familiarize himself with it and sign it.

If during legal proceedings it is recognized that the dismissal of an employee is illegal, the organization will have to pay the employee’s salary in connection with forced absences. The employee also has the right to receive compensation for moral damage. The employer will have to change the grounds for dismissal.

There are plenty of cases when drunk people are present at their workplaces. The consequences of showing up to work in this manner can be very different. Dismissal under an article for drunkenness is a completely legal procedure. To make an employee work book shameful record, the employer needs very little. Such a dismissal can subsequently ruin many attempts to get a job again and make a career. “Office” drunkenness can bring other troubles.

Attention!

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Slightly drunk employee: the essence of the problem

Let’s say that yesterday there was a stormy feast with copious libations, and today your health is far from the best. In this case, you need to go to work. Most solve the problem using the principle of treating like with like. That is, they get hungover. The condition seems to be improving: the head becomes clearer, the hands do not tremble, the stomach calms down, and so on. And now the man is in service. Another option is to drink alcohol during your lunch break. Almost everywhere you can find people who like 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 question of real sobriety, but only of sensations. Many people with a long history of alcoholism need a solid portion of alcohol to “get the hang of it.” However, regardless of their sensations, there is a certain dose of ethanol in the blood, which poisons the body in full swing, dulls reactions, and reduces the performance of the brain.

A supposedly sober employee can easily violate safety standards, make a mistake at work, and let down his colleagues and the entire organization. All this - without the slightest awareness of their mistakes and insufficiently adequate behavior.

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

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

Drunk employee: a nuisance or a real threat?

At a certain dose of alcohol, a person’s intoxication is no longer in doubt. Drunkenness is recognized by many signs: an incorrect gait, a slurred tongue, and so on. How responsible and correct will the actions of such a person be when performing official duties? In most cases, the likelihood of full-time work for such an employee is very close to zero. Here simplest example drunkenness in the workplace, and the consequences can be very unfavorable.

If a clearly inebriated employee usually works with customers, 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 raw materials or damage the intermediate results of someone else's work. Equipment breakdowns are also common, resulting in inappropriate behavior, errors in the operation of equipment. Finally, the most unpleasant consequences are injuries and even deaths in the workplace. But a drunk employee can not only get hurt himself, but because of him, harm can also be caused to his co-workers.

The last situation is already a full-fledged trial, including criminal article. It will involve not only the employee who “took it on his chest,” but also his immediate superiors, people responsible for labor protection, and other management of the enterprise. How complete will the company’s activities be against the backdrop 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 measures can an employer take?

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

The first measure is regulated by Article 76 of the Labor Code of the Russian Federation. In this case, the employee is not allowed to work until he sobers up. The employer decides how much time to allocate for this; usually the period is one or two days. No sick leave, the employee is counted as downtime. Of course, there is no payment either.

Prevention is another measure. If everything was limited to a conversation, the offending employee can be sure that he was lucky. Perhaps the bosses took into account some unfavorable circumstances in the subordinate’s life or simply value him as an employee. A more unpleasant option is a written warning. It will remain in your personal file and can significantly complicate career advancement.

Finally, a drinking employee can be fired for drunkenness in the workplace; there is an article in the Labor Code of the Russian Federation about this. However, to apply the last two measures a certain procedure must be followed.

Medical examination and violation report

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

The procedure may vary from plant to plant, but in general outline boils down to this:

1. Information about a supposedly intoxicated employee should be sent to his immediate supervisor.
2. A commission is created and an internal investigation begins.
3. The result of the commission’s work is a special act. It describes the current situation and indicates the signs by which the employee was suspected of drunkenness. The act is signed by members of the commission, employee-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 a supposedly intoxicated employee refuses to admit to being intoxicated, the employer may offer a medical examination. It is to offer, and not to oblige, this question is purely voluntary. The employee’s refusal to contact the medical board must also be recorded in the report.
6. If he agrees, the employee undergoes a medical examination. This is a paid procedure, the costs are covered by the employer. If the employee’s guilt is confirmed, the funds spent will most likely be later deducted from wages or collected 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.

Legal Disclaimers

Can dismissal under an article for drunkenness be illegal and unjustified? 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 courts.

If the case comes 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 be possible if an employee caught drinking at work was found drunk at the end of the working day.

Simply being present at the workplace drunk is one thing, but performing your duties while drunk is quite another. If the employee proves that this was exactly the situation, the court may side with him and cancel the decision to dismiss him under the “drunk” clause. Plus, the employer will be obliged to hire the employee again, and even pay a simple fee. Of course, how the boss-subordinate relationship will develop after this is a separate question.

It is impossible to simply fire a minor employee or a pregnant woman for drunkenness in the workplace. In such situations, the employer is obliged to involve the labor inspectorate and (if necessary) the commission for minors.

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 an employer?

Leaders for the most part ordinary people. The easiest way for a guilty employee is to try to come to an agreement and resolve the problem peacefully.

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

• realize that the problem of alcohol abuse exists and is fraught with many unpleasant consequences;
• want to solve this problem;
• consult a narcologist and get 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, the liver stops producing special enzymes that break down ethanol. As a result, drinking alcohol results in simply terrible health, and in the most severe cases, death can even occur. Such treatment must be applied with full awareness of the consequences of an alcoholic relapse. But such therapy is a good reason to improve relations with the employer. Even before you finish taking your medications, you can bring a certificate to the service. The boss may well appreciate the employee’s efforts and abandon the idea of ​​dismissing him. However, one should not count on further tolerance from leaders.

The article of the Labor Code for drunkenness does not stipulate the degree of intoxication of the employee. Even just coming to work drunk can be grounds for dismissal. What happens next? Difficulty finding new job, stress, financial problems. It will probably be interrupted by more than successful career. All these potential Negative consequences Drinking at work should be assessed very carefully if 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 does not constitute instructions for use. Consult your healthcare provider.

Drinking isn't just bad for your health drinking man, but also the efficiency of the enterprise. So, according to statistics, an alcoholic can miss 30-70 working days in a year. Moreover, if we consider all cases of employee absence from work, then almost half occur drinking people. Moreover, a person under the influence of alcohol poses a threat to the safety of the production process. For this reason, the number of injuries in the workplace is growing, and the number of industrial accidents is also increasing. However, labor legislation provides for dismissal under articles for drunkenness. Often this is the most extreme measure that management resorts to after unsuccessful attempts come to an amicable agreement with such an employee.

Grounds for dismissal

The legal basis for dismissing an employee for systematically being drunk at work is the Labor Code of our country, namely its articles numbered 81, 76, 193 and 192.

Based on this code, you can fire a person who appears at work while intoxicated. Moreover, this condition means not only alcohol intoxication, but also stupefying the mind with narcotic or other toxic substances. Even if he was not at the workplace, but was at the facility or territory of the organization in such a state, he could be fired for drunkenness.

Important: dismissal of an employee is possible only if the state of intoxication is confirmed by a medical examination and considered by the court.

In addition to the MO, there must be other evidence. For example:

• an act recording the fact that an employee was intoxicated at work;
• an explanatory note written by the drunken employee himself;
• reports from other employees.

IN Russian legislation There are several grounds for dismissing an employee at the initiative of the employer. And one of them is the termination of a permanent employment contract or the dismissal of a person who was intoxicated at the workplace.

According to the current Labor Code (LC), management has the right to punish drunkenness in the workplace. For this purpose, any disciplinary sanction may be applied:

• comment;
• rebuke;

Recording the fact of intoxication

If an employee is found drunk at work, this fact must be correctly recorded, which in the future can be evidence and grounds for dismissal under the article. For this they adhere next sequence actions:

1. First, you need to draw up a report on the presence or appearance of an employee in a drunken state at work. There is no clear form for this document, so it can be drawn up in any form. The act must be certified by the signatures of two employees acting as witnesses.
2. If the reprimand does not help the employee come to his senses, then an order is issued to remove him from the work process. This is not a unified document that can be drawn up in any form.
3. The employee must explain in writing his presence at the workplace in a state of intoxication. To do this, he is given a notice of request for a written explanation of the fact of intoxication at work. Typically for presentation written explanation a person is given two days. If no explanatory notes were submitted to the authorities within this period, then the procedure involves drawing up an act of refusal to give an explanation. This act must be certified by the signatures of two employees who act as witnesses.
4. Next is compiled official document– a memo about showing up to work drunk. This note is written directly by the production manager himself and can be submitted in any form. It must be supported by an act recording the fact of appearing at work while intoxicated, an explanatory note from the employee himself, or an act that confirms the employee’s refusal to submit an explanatory note.

Sequence of dismissal

The step-by-step actions of the management of the organization where the dismissed employee works look like this:

1. An order of dismissal for drunkenness is drawn up. In essence, this is an order to terminate the employment contract (employment contract) with the employee. This document must comply unified form under the number T-8 or T-8a.
2. In a special journal for recording orders related to personnel, this order is being registered.
3. A settlement note must be drawn up when terminating an existing (employment) contract. This document must correspond to Form T-61. On the day of dismissal for drunkenness, a settlement is made with the employee. He is paid a salary; if he was not on vacation this year, then compensation for unused vacation must be paid, and other payments may also be made.
4. Before dismissing an employee, he must be given an order regarding his dismissal for review. After familiarization, he must sign his autograph. If a person refuses to do this, then a note about his refusal is made on the order. It is recommended to prepare a statement stating that the employee refused to familiarize himself with the order. This act must be signed by two witnesses and the author of the document.
5. A record of dismissal is made in the employee’s personal card. The entry must correspond to the T-2 form and be certified by the signature of the personnel department employee and the signature of the dismissed person. If he decides to put his signature, then a corresponding note must be made on the card.

1. After work activity employee for this enterprise completed, a dismissal entry is made in his work book. In this case, making the corresponding entry is done as follows:

• in the first column the serial number of this entry is written;
• the second column records the date of dismissal;
• in the third column there should be a record of the reason for dismissal (it must comply with the wording of the Labor Code of the Russian Federation and be accompanied by links to the article number, its part and paragraph);
• the fourth column records the document on the basis of which the person was fired.

Important: all entries in the book must be certified by the signature of management or an employee of the HR department, the seal of this organization, as well as the autograph of the employee himself.

The dismissed employee must receive a work permit with a note of dismissal or termination of the contract on the day of dismissal. An entry must be made in the journal for recording the movement of employee work books. If on this day the employee refuses to pick up the work book, then he is sent a notification that he must pick up this document or give his consent to send it by mail.

Attention: according to the Labor Code of Russia, the employer must give the work book to the employee no later than within 3 working days from the date of dismissal. It is prohibited to send a book by mail without the employee’s consent.

Medical examination

It is possible to assert that an employee is drunk at work only on the basis of a medical examination. It can be carried out as quickly as possible from the moment the employee appears drunk, since after some time the alcohol will be eliminated from the body. The results of the medical examination as to whether the employee was sober or drunk are necessarily recorded in the medical report.

Some employers may experience certain difficulties in carrying out the medical examination procedure, since a person has the right to refuse a medical examination or demand termination of the procedure at any time.

The MO procedure works most effectively and is debugged in transport industries, in power industry institutions, as well as in other hazardous areas. manufacturing enterprises, where it is very important that all employees are sober. In such organizations, usually before starting working day a medical examination is carried out, and its results are recorded in “sobriety reports”.

Important: the medical examination procedure is carried out by narcologists in special rooms of medical drug treatment clinics.

Sometimes an employer, for one reason or another, may simply not be able to deliver an employee to such a clinic. In this case, the examination can be carried out in mobile medical laboratories, which are organized on the basis of ambulances. Typically, such laboratories use certified instruments, and the ambulance teams themselves are licensed to carry out such activities.

The order of the MO procedure:

1. Conclusions about a person’s condition are made not only based on an assessment of his behavior, neurological reactions and autonomic disorders, but also based on tests for determining alcohol in the blood, urine and saliva. Such analyzes are carried out only by methods approved by the Ministry of Health and Social Development of the Russian Federation.
2. In addition, indicator devices can be used to determine the concentration of ethanol in exhaled air.
3. The doctor conducting the examination must draw up a protocol in two copies. After this, the person being examined must read the protocol and sign.
4. Refusal to undergo examination is also documented and signed by the person who refused to carry out the MO procedure, as well as medical worker. This extract from medical records can be used by the employer.
5. After the examination, the results of this procedure must be immediately announced.
6. The Ministry of Defense protocol must be handed over to people who brought an employee under the influence of alcohol to the procedure. If there are no such accompanying persons, then the protocol is sent by mail to the specified address of the organization.

If methods and devices that are not included in the list of approved means were used to conduct a medical examination, then the medical report loses legal force. If the case comes to trial, the court will not consider such a conclusion as evidence. But the medical professional who conducted the examination can still act on the side of the employer.

Now you know whether you can be fired for being drunk at work. As you can see, they can. Moreover, a bad entry in the work book about this dismissal for drunkenness can become a stumbling block on the path to finding a new job. They may simply not want to hire such an employee for fear of repeating the story of drunkenness. So it’s better not to take risks and not drink at work.

Dismissal for showing up to work while intoxicated

Current legislation currently provides for several grounds for termination of an employment contract at the initiative of the employer; all of them are enshrined in Art. 81 of the Labor Code (LC) of the Russian Federation. One of these grounds is provided for in paragraphs. "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation, termination of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, at the initiative of the employer if an employee appears at work in a state of alcohol, narcotic or other toxic intoxication.

On this basis, according to the explanation given in the Resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, employees who were in work time at the place of performance of work duties in a state of alcohol, narcotic or other toxic intoxication. Dismissal on this basis can also follow when the employee during working hours was in such a state not at his workplace, but on the territory of this organization, or he was on the territory of the facility where, on behalf of the employer, he had to perform a labor function.

The Labor Code (LC) of the Russian Federation classifies the state of alcohol, drug or other toxic intoxication as a one-time gross violation of labor duties.

Therefore, the employer must find out whether the employee’s actions are at fault, i.e. voluntary bringing oneself into a state of alcoholic, narcotic or toxic intoxication (as opposed to taking drugs containing narcotic substances as prescribed by a doctor; from alcoholic, narcotic or toxic intoxication associated with a violation of the technological process; from taking the listed substances by mistake).

Note. Doctor's comment

Conventionally, there are three degrees of alcohol intoxication: mild alcohol intoxication, moderate intoxication and severe alcohol intoxication. The blood alcohol content for mild intoxication is usually 0.5 - 1.50/00, for moderate intoxication - 1.5 - 2.50/00, for severe intoxication - 2.5 - 30/00. When the blood alcohol content increases to 3 - 50/00, severe poisoning develops with possible fatal. A higher blood alcohol concentration is considered fatal.

According to Art. 192 of the Labor Code of the Russian Federation, for committing a disciplinary offense through the fault of an employee, the employer has the right to apply the following disciplinary sanctions:

Comment;

Rebuke;

Dismissal under relevant articles (Article 81 of the Labor Code of the Russian Federation).

In paragraphs "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation introduced the concept of “state of intoxication”.

In medicine, the following conditions are distinguished that are associated with a person’s use of alcohol or other narcotic and psychotropic drugs and substances:

1. Sober, no signs of alcohol consumption.

2. The fact of alcohol consumption was established, no signs of intoxication were identified.

3. Alcohol intoxication.

4. Alcohol coma.

5. A state of intoxication caused by narcotic or other substances.

6. Sober, there are functional impairments that require removal from work with a source of increased danger for health reasons.

Figures and facts. Impaired coordination of movements and weakening of attention after taking even small doses of alcohol reduce labor productivity among skilled workers by an average of 30%, and with a moderate degree of intoxication - by 70%. When taking 30 ml of vodka, the number of errors among typesetters, typists, and operators significantly increases; When taking 150 ml of vodka, diggers and masons have a 25% decrease in muscle strength and a decrease in labor productivity.

For a one-time gross violation of labor duties, for which an extreme measure may be applied to the employee disciplinary liability- dismissal according to paragraphs. "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation, - only the conditions indicated above in positions 3 - 5 are covered. Other conditions associated with the use of alcohol and not falling under the concept of “alcohol intoxication” may be qualified as disciplinary offenses and entail the application of disciplinary sanctions such as reprimand and a reprimand, including more than once.

Only medical professionals can determine what kind of condition exists, and only as a result of a series of procedures carried out as part of a medical examination, the results of which must be recorded in a medical report. To do this, employers should be guided general rules conducting a medical examination of citizens who are contained in clause 2 of the Temporary Instruction of the USSR Ministry of Health dated 01.09.1988 N 06-14/33-14 “On the procedure for a medical examination to establish the fact of alcohol consumption and intoxication.”

Despite the fact that the examination is a legally flawless way to establish the state of alcohol intoxication and its degree, it is very difficult for most employers to use it. After all, according to Art. 33 of the Law of the Russian Federation on the protection of the health of citizens of July 22, 1993 N 5487-1 (as amended on June 30, 2003), a citizen has the right to refuse medical intervention or demand its termination.

The most well-established procedure for establishing the state of alcohol intoxication exists in transport organizations, electric power industry and other particularly dangerous industries. In such organizations, before allowing an employee to work, the doctor must conduct a medical pre-trip, pre-flight or pre-shift examination. The results of such an examination are either recorded in special journals or recorded in “sobriety protocols.”

Since the breakdown of ethyl alcohol in the body is a transient process, it is recommended to deliver a drunk employee for medical examination within two hours from the moment signs of drinking alcohol are detected (for example, drinking 50 g of vodka can detect alcohol vapor in the exhaled air after 1 - 1.5 hours , 100 g of vodka - for 3 - 4 hours; 100 g of champagne - for an hour; 500 g of beer - for 20 - 45 minutes).

Medical examinations should be carried out in specialized rooms of narcological dispensaries by psychiatrists, narcologists and doctors of other specialties who have been trained both directly in institutions and on-site in cars specially equipped for this purpose. Some ambulances in which examinations are carried out are mobile medical laboratories; individual ambulance substations have special licenses for this type medical services, and the instruments used to carry out the research are certified. When conducting laboratory research, only methods and devices approved by the Russian Ministry of Health and Social Development should be used.

Non-compliance this condition deprives the medical report of legal force. In the event of a trial, the court will recognize it as inadmissible and will not consider it as evidence. However, by court decision, the medical worker who conducted the examination may act as a witness on the employer’s part.

Based on the medical examination, a conclusion is formulated, which characterizes the state of the subject at the time of the examination (not only confirmation of the fact that the employee has consumed alcohol, but specifically the state of intoxication). The results of the examination are communicated to the examinee immediately upon completion of the examination. Persons who bring the person being examined to determine the fact of alcohol consumption or intoxication are given a medical examination report. In the absence of an accompanying person, the examination report is sent by mail to the organization that sent the citizen for examination (in this case, the employer).

Note. The examination of alcohol intoxication is based on a clinical assessment of the condition, based on the analysis of behavior, as well as autonomic and neurological disorders. Objective confirmation of the clinical assessment is the determination of alcohol content in the blood, urine or saliva using standard laboratory methods. Various types of indicator devices are also used to detect alcohol in exhaled air. An examination of alcohol intoxication is carried out on the recommendation of officials (employees of the Ministry of Internal Affairs, administration at the place of work). In some industries (transport enterprises), sobriety control is a clause in the labor agreement between the employee and the administration.

The doctor (paramedic) conducting the examination draws up a medical examination report in the prescribed form in two copies. Having completed the preparation of the protocol, the doctor (paramedic) invites the examinee to make a detailed record of familiarization with the results of the examination.

Dictionary of personnel management. A disciplinary offense is an offense committed in the sphere of official relations and encroaching on the mandatory order of activities of certain groups of people: workers, employees, military personnel, students.

The employee’s refusal to undergo a medical examination is documented in the medical documentation and signed by the person who refused the examination, as well as by the medical worker. Subsequently, this extract from the medical documentation can be used by the employer.

The courts, guided by paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation,” accept as evidence of intoxication not only medical reports, but also other evidence: memos, witness statements, acts about the appearance of an employee in a state of intoxication. In this case, the main document will be a correctly drawn up act.

The act is drawn up in free form. If in a company there are frequent cases of employees appearing at the workplace in a state of alcoholic intoxication, you can develop a special form for such an act with partially included information, which, if necessary, can be simply and quickly filled out. The indispensable details of the act are the date, place and exact time of its preparation, the names and positions of at least two independent witnesses (it is better if they are employees of other departments).

The legislation does not establish who is authorized to draw up a report that an employee appears at work in a state of intoxication. Since control over compliance with labor discipline is, as a rule, entrusted to personnel service employees, it is they who draw up such an act. It is recommended that the commission include the head of the structural unit of the organization under whose subordination the offending employee is, a specialist in occupational health and safety, and a lawyer. Other officials may be included.

When drawing up an act, the commission must describe in detail external signs intoxication that is observed in the employee (especially if there is no other evidence besides the act). Similar signs are:

The smell of alcohol in the exhaled air;

Fumes from the mouth;

Impaired coordination of movements;

Instability of position (up to falling);

Unsteady gait;

Tremor (shaking) of fingers;

Irritability, aggressive behavior;

Lack of concentration;

Inappropriate reaction to words and actions;

Misunderstanding of questions;

Incoherent speech;

Scanned tone of speech;

Swearing and obscene language addressed to others.

A report stating that an employee appears at work while intoxicated is drawn up on the same day and presented for review the next day. The employee must be familiarized with the act against receipt, and also invited to provide his explanations. However, sometimes the following entry appears in the act: “It was not possible to familiarize the employee with the act due to the employee’s misunderstanding of the requests addressed to him.”

An employee who appears at work while intoxicated must be asked to provide an explanation in writing. Request for explanations can be made both at the moment the employee is discovered in a state of intoxication, and after that. If an employee refuses to give an explanation, it is necessary to draw up a commission report (at least three people) on the refusal to give an explanation.

When drawing up this act, corrections and erasures are not allowed. Upon dismissal of the guilty employee under paragraphs. "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation, drawing up an act is mandatory. When issuing an order for dismissal on this basis, reference to the act is mandatory.

In accordance with Art. 76 of the Labor Code of the Russian Federation, the employer must suspend from work an employee who appears at work in a state of intoxication for the entire period of time until the circumstances that served as the basis for removal from work or non-admission to work are eliminated.

If the fact of an employee appearing in a state of intoxication is confirmed by a medical report, then it must indicate the time after which the level of alcohol, narcotic drugs and psychotropic substances in the blood will decrease to a standard that does not interfere with the performance of work.

The employer's decision to remove an employee from work (not allowing him to work) is formalized by order of the head of the organization.

The order lists the circumstances that served as the basis for the employee’s removal, as well as documents that confirm the existence of these grounds, and must also indicate the period for which the employee is suspended from work. In the order, in addition, it is advisable to instruct the accounting department to suspend the calculation of wages for the period of suspension. This order is subject to endorsement by the head of the legal department or the company’s lawyer and the chief accountant. The employee must be familiarized with the order against receipt; If you refuse to sign, a corresponding act is drawn up.

For how long will an employee who shows up to work while intoxicated be suspended? Part 2 of Art. 76 of the Labor Code of the Russian Federation establishes that the employer suspends (does not allow to work) the employee for the entire period of time until the circumstances that served as the basis for removal from work or not being allowed to work are eliminated.

In numerous comments of the Labor Code of the Russian Federation, an employee who appears in a state of intoxication is recommended to be suspended from work for one day. This advice is carried over from Art. 38 of the Labor Code of the Russian Federation, according to which the administration of the enterprise was ordered not to allow an employee who appeared at work drunk, in a state of narcotic or toxic intoxication, to work that day (shift). In reality, everything is much more complicated.

Production processes in Russia have undergone significant changes over the past decade - the degree of automation of technological operations in certain industries has increased significantly. The Labor Code of the Russian Federation was adopted at a time when the emphasis was only on mechanization of work and manual labor, and, therefore, time for “sobering up” was allotted “until tomorrow” - exactly the amount required to regain the ability to hold a hammer in one’s hands. Although, if you look at the local regulations of large enterprises, where work was automated and the slightest negligence of the production dispatcher could lead to accidents, management allocated up to two to three days to rid the body of alcohol (unless, of course, they fired you immediately).

Don’t make mistakes, don’t “put yourself in the position” of an employee by suspending him for one day. Health care legislation operates with such a concept as the severity of intoxication. Moderate and mild alcohol intoxication does not require special therapy, and, indeed, we can talk about sobering up the next day. As for severe intoxication, subject to medical intervention, the duration of treatment is 2 days.

Only after medical procedures have been carried out, after 2 days, the employee will be able to fully control his actions. If we're talking about about alcohol abuse (use with harmful consequences for health), chronic alcoholism, then it will take from 10 to 25 days for treatment and recovery from alcohol intoxication. With drug or toxic intoxication it is even more difficult. Therefore, try to obtain a medical report that will indicate the period after which the level of alcohol, narcotic and psychotropic substances in the blood will drop to the established norm.

What document is used to document removal from work?

The Labor Code of the Russian Federation does not resolve procedural issues of removing from work an employee who appears in a state of intoxication; does not indicate on the basis of which administrative document the removal should be carried out; does not determine which official should issue such a document.

If an employee comes to work in a state of intoxication, what should the head of a structural unit do ( immediate superior this employee): send information to the head of the organization and wait for his decision or act independently? It all depends on whether it provides job description the boss has the authority to remove an employee from work (not allow him to work). If he is vested with such authority, then his demand to stop working is legal and binding on the employee. Then the head of the department (shop, section, etc.) draws up a memorandum (report) and immediately submits it to the directorate. In parallel with this, he invites personnel department employees and other specialists to draw up a report on the employee’s appearance at work while intoxicated. All these documents (memorandum, report, act) are the basis for the issuance by the head of the organization or his deputy of a written order (instruction) to remove the employee from work. The order (instruction) must be drawn up in any case, since it is on its basis that the employee is not paid wages.

What should an employee who is suspended from work due to alcohol intoxication put on their time sheet? If the suspension from work occurred at the beginning of the working day, even before filling out the time sheet, then, based on the order of suspension, the time sheet must be marked “NB” (suspension from work/preclusion from work without pay) and zero hours worked. If the employee was suspended after the “appearance” was indicated on the report card, then in the hours worked column one must enter as many hours as the employee actually managed to work before the suspension.

Since efficiency is important in this matter, care should be taken to “adjust” the scheme and system of interaction between linear structural divisions with the HR department and management at the stage of developing and introducing general local regulations into the organization.

Should I be fired? Suspension from work of an employee who appears in a state of intoxication, in accordance with the Labor Code of the Russian Federation, is not a disciplinary sanction. Requirement of Art. 76 of the Labor Code of the Russian Federation is a condition for ensuring worker safety, as well as preventing possible accidents and disruptions in the production process.

However, the state of intoxication according to paragraphs. "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation qualifies as a gross violation of labor duties, and, therefore, disciplinary action may be imposed for appearing at work while intoxicated.

The extreme measure of disciplinary liability is termination of the employment contract at the initiative of the employer. The manifestation of such initiative is not an obligation, but the right of the employer, therefore, he can independently determine the measure of disciplinary action: either make a reprimand (for the first time), or reprimand (for the second) and, finally, dismiss when he considers it necessary. Providing in Art. 81 appearance at work in a state of intoxication once, legislators provided the opportunity to fire an employee the first time.

In practice, often, in order not to create problems for the employee with subsequent employment, a letter of resignation is taken from him due to at will and dismissed for appropriate reasons. However, it is necessary to keep all documents confirming the fact that the employee was intoxicated at the workplace, even after his dismissal at his own request. This will be quite reliable “insurance” in case a dismissed employee files statement of claim to the court for reinstatement at work, since the resignation letter was written under pressure, and the dismissal was due to the nagging of management.

So, if the decision to dismiss an employee for showing up at work while drunk is nevertheless made, you need to collect all the documents available on this case and, on their basis, issue an order to terminate the employment contract in the unified form N T-8. To do this, the following documents must be available, samples of which are given in the section “Experience of organizations: corporate documents”:

Act on the employee’s appearance at the workplace in a state of intoxication (Appendix No. 1);

A memo addressed to the head of the company with a description of the disciplinary offense and the resolution “Dismiss” (Appendix No. 2);

Medical examination protocol;

Order (instruction) to remove an employee from work (Appendix No. 3);

Explanatory note from the employee or act of refusal to give explanations (Appendix No. 4).

After issuing the order (Appendix No. 5), an entry is made in the dismissal journal (Appendix No. 6) and a work book is filled out, in which an entry must be made with reference to paragraphs. "b" clause 6, part 1, art. 81 of the Labor Code of the Russian Federation (Appendix No. 7).

Statistics. Absenteeism for binge drinkers ranges from 35 to 75 working days a year. According to the American Bell Telephone Company, absenteeism from work among binge drinkers is 5 times more likely than among non-drinkers. Every year, the French industry loses 8 million working days due to alcohol-related diseases. Among US industrial workers, there are more than 2 million chronic alcoholics. Temporary disability from injuries, “alcoholic” diseases, as well as exacerbation chronic diseases Alcohol-related drinking hours account for about 30 million days a year in the United States. 40% of British companies consider alcohol abuse to be one of the main reasons for the systematic absence of employees from the workplace. According to the Health and Safety Inspectorate, workers in the UK lose 14 million days of work each year due to drinking.

Senior Lecturer

Department of Management

Moscow Institute of Tourism

and hospitality

"Personnel officer. Personnel records management", 2008, N 3

Appearing at the workplace while intoxicated is not only an offense that interferes with the normal operation of the enterprise, but also grounds for dismissal. Current labor legislation provides for the right of an employer to dismiss an employee for drunkenness even in the only case of such a disciplinary violation. However, the procedure for dismissal under an article for drunkenness is quite strict, and if it is violated, dismissal can be easily challenged in court.

Dismissal under article for drunkenness - legal regulation and norms of the Labor Code of the Russian Federation

In the Russian Federation, the attitude towards alcohol is ambiguous and many do not see anything wrong with celebrating any holiday with colleagues at work while drinking alcohol. However, the current labor legislation clearly allows one to qualify appearing at work in a state of alcohol, as well as other intoxication, as a disciplinary offense. Moreover, the provisions of the Labor Code of the Russian Federation clearly allow the employer to apply dismissal under the article for drunkenness even for a single case of drinking alcohol or appearing drunk at the workplace.

From the point of view of the law, drinking alcoholic beverages in itself cannot be considered a disciplinary offense. This only includes appearing at work while intoxicated. However, in fact, drinking alcohol is the cause of intoxication and in the vast majority of cases, after drinking alcohol-containing products at work, an employee can be fired for this.

The legal regulation of this issue is considered in the provisions of Article 81 of the Labor Code of the Russian Federation. Drunkenness in the workplace is considered a gross violation labor discipline, which is enough for dismissal even if such an event occurs once. However, the opportunity to dismiss an employee under this article cannot always be effectively implemented - in the event of detection of cases of intoxication at work, the employer should follow the established procedure as precisely as possible. Since dismissal under an article for intoxication is an extremely negative reason and is reflected in the work book, the majority of workers dismissed in this way seek to be reinstated or at least achieve a change in the wording of the dismissal through the courts.

Previously, it was possible to fire an employee only for being directly intoxicated at the workplace. However, the current provisions of the article of the Labor Code of the Russian Federation provide for intoxication to be equated to the workplace of the entire territory of the enterprise, as well as other territory where the employee performs his work duties, including on the territory of other business entities.

How to fire someone for drinking in the workplace

It is quite difficult to fire an employee for drinking in the workplace. Current labor legislation standards require compliance with a number of procedural actions, on the one hand, and on the other hand, they do not provide sufficiently clear and specific instructions on what an employer or responsible employee should do if they want to fire an employee for drunkenness or appearing in a state of intoxication. At the moment, there are several possible algorithms of action for terminating employment contracts with such unreliable employees, each of which has its own advantages and disadvantages.

The first option involves using the employee’s medical examination as the main document on which the dismissal will be carried out. This method is not applicable in all situations - the employee may refuse to undergo the examination or subsequently challenge its results in court, which will automatically lead to the recognition of the entire dismissal as invalid. In general, the step-by-step dismissal of an employee for intoxication in this case is as follows:

1. First of all, the employer must remove the employee from performing work duties. Standards Art. 76 of the Labor Code of the Russian Federation directly require this procedure to be carried out in relation to employees who are intoxicated. Suspension from work activities deprives the employee of the opportunity to receive wages for a given day of work, and its duration depends on the situation that led to the suspension. Thus, a one-time intoxication may well provide for a day of suspension, while a prolonged binge may provide the employer with the opportunity to suspend the employee for a longer period. It should be noted that reluctance to remove a drunk employee from performing duties may lead to liability for the employer himself.
2. A report on the presence of an employee in a state of intoxication is drawn up. This document provides for a free form of preparation, however, it can be established by internal regulations of the enterprise and has certain general principles preparation. The act must indicate the last name, first name and patronymic of the employee, details of the employer’s enterprise, and also have space to explain the situation, the signatures of the employee himself, as well as two witnesses who can confirm the fact of intoxication.
3. Based on the act, the employee may be sent for a medical examination for any type of intoxication. Only narcologists, in the vast majority of cases, working in hospitals or specialized medical institutions have the right to conduct such an examination. If it is impossible to carry out this procedure due to the lack of a suitable doctor, a general practitioner or a specialized mobile group of doctors can carry out the examination.
4. An employee may refuse to undergo a medical examination. It is illegal to use force or other methods of pressure on him. If an employee refuses to undergo a medical examination for intoxication, this refusal will mandatory must be recorded by at least two witnesses. In addition, the employee is not required to undergo examination only in the institution indicated by the employer. He has the right to undergo it in any medical institution and neither the employer nor the court can refuse to accept and consider the results of this procedure.
5. Based on the provisions of the examination, an order to dismiss the employee is drawn up. In this case, the employee has the right to receive a copy of the said order. In addition, after issuing the order, the employer is obliged to request an explanatory note from the employee, and the refusal to give an explanation must be endorsed by the signatures of two other employees.
6. On the day of dismissal, the employer issues a work book, a certificate of average earnings, as well as compensation for previously unused vacation days and all unpaid wages facilities. The employer can choose the day of dismissal himself, including directly on the day the medical certificate is issued.

Existing judicial practice, however, demonstrates that not in every case it is possible to dismiss an employee on the basis of a medical examination.

The second option of dismissal for drunkenness is possible if the employee refuses to undergo an examination, wants to choose another medical institution, or otherwise prevents the termination of the employment contract. However, mandatory, according to the above judicial practice on this issue, the examination is not - in some cases, the court may take into account other evidence. The available action algorithm in these situations is as follows:

1. Receiving information from the employer about intoxication. Such information can be obtained from other employees orally or in the form of a report.
2. Making a decision to remove an employee.
3. Creation of a special commission to investigate disciplinary offenses. It must consist of at least three people.
4. Conducting an investigation by the commission regarding the employee’s intoxication. During the investigation, appropriate acts are drawn up indicating signs of an offense - direct and indirect, as well as witness testimony or other ways of recording the offense - video and audio recordings.

In the future, the procedure looks similar to that described earlier. This method allows you to avoid a medical examination of the employee and makes it possible to dismiss him without such a procedure.

When can an employee be fired for drunkenness and who cannot be fired for such misconduct?

Before dismissing an employee for drunkenness in the workplace, you must make sure that there is a disciplinary offense. Thus, there are a number of situations in which intoxication cannot be grounds for dismissal. These include cases such as:

• Situations where intoxication arose as a result of taking medical supplies by an employee on the recommendation or prescription of a doctor.
• If intoxication was a consequence of non-compliance with safety and labor protection regulations and occurred for this reason. For example, if an employee comes into contact with poisonous, toxic or substances that can cause intoxication.
• When the employee belongs to a category in respect of which dismissal is unacceptable on this basis. These categories include pregnant women and minors. It is impossible to fire a pregnant employee for drinking in any case - the employer can only remove her. A minor may be dismissed in accordance with the general procedure upon notification and obtaining consent from labor inspection in cases of minors or guardianship authorities.
• In a situation where the appearance at the workplace in an intoxicated state occurred during non-working hours for the employee. In this case, the employer can only demand the removal of the employee from the workplace, but does not have the right to fire him.

In general, dismissal for intoxication is considered unacceptable if the employee is not guilty of it. That is, if intoxication occurred without his intention and due to circumstances beyond his control.

Other nuances of the procedure for dismissal for intoxication

The employer should pay Special attention the wording of dismissal in the employee’s work book. It is necessary to indicate clauses as grounds for termination of the employment contract. b, clause 6, part 1, art. 81 Labor Code of the Russian Federation. Otherwise, the reason for dismissal may be considered illegal and the employee himself may be reinstated in his position through the courts. The use of other wording is unacceptable.

Dismissal is allowed in case of intoxication not only when this state caused by exposure to alcohol, but also due to toxic or drug intoxication. The fact of intoxication can be established by a narcologist working in a certified medical institution and having the right to conduct an examination. If the examination is carried out by an unsuitable person for this procedure, it may be challenged.

Dismissal of an employee for intoxication is a right, and not an obligation of the entrepreneur, in contrast to suspension from work. If desired, the employer may not bring the employee to disciplinary liability, or issue him a reprimand or warning. The presence of such will allow the employee to be dismissed in the future for a less serious disciplinary offense within a year.

If the employer does not want to face subsequent claims from the employee in court, it is more profitable for him to enter into an agreement with the employee for dismissal for his own reason, or to convince the employee to apply for resignation of his own free will. If the employee refuses such an offer, care should be taken to collect as much as possible evidence base on his intoxication and carefully follow the established procedure.

You should not call for a medical examination ambulance. Emergency medical services workers do not have the right to conduct an intoxication examination, nor do they have the appropriate equipment. Therefore, if an ambulance is called for examination, the employer may be held liable for knowingly making a false call and paying an appropriate fine.

If necessary, the employer can call law enforcement agencies to prevent a drunk employee from being on the territory of the organization, as well as to draw up an administrative violation report against him.