Drunkenness in the workplace is punishable by dismissal. The employer has the right to dismiss an employee after just one violation (Clause 6, Article 81 of the Labor Code of the Russian Federation). The appearance of a drunken worker among machines and mechanisms is a direct threat to the life and health of not only the offender himself, but also the entire team, and technological process. Such an employee faces dismissal for drunkenness. Step by step procedure includes several stages.
When can an official investigation into drunkenness be conducted?
Showing up for work drunk is considered a gross violation of labor discipline. It is enough to come to work drunk once for this time to be the first and the last. In such cases, the fate of the employee is decided by the manager, since the Labor Code leaves the employer with the right to make the final decision.
The manager chooses the punishment based on the specific situation, the personal characteristics of the offender and the fact whether it was possible to record, as required by the rules, the fact of the violation. If the employer did not have time to document the misconduct for some reason, it is better not to dismiss the employee.
Internal proceedings need to be started only if the violation occurred at work. This means:
- The violator was located exactly at the workplace (gateway, workshop area, etc.)
- The offender was drunk and in work time. These are the working hours of the employee himself, and not just the entire organization.
- A violation recorded at the workplace on a day of rest, vacation, or sick leave is not considered committed at work.
If it is confirmed that an employee is drunk at work, this should be documented.
How to record a state of intoxication correctly
Dismissal for drunkenness in the workplace must be formalized in accordance with all the rules. For a biased approach to applying the most severe disciplinary measure, the employer may be held accountable, and the fired person may be reinstated.
In order to correctly qualify a violation, the employer must, during an internal investigation, obtain confirmation of the state of intoxication through a medical examination or other evidence. According to the law, it is impossible to force an employee to undergo a medical examination. If you refuse to undergo an examination, you must draw up an act, 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 employees have benefits in this matter. 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 medications.
The employer’s actions are only legal if he reasonably states the employee’s condition as drunk, caused at work and not the result of deteriorating health (for example, increased blood pressure, taking medications, etc.). If the requirements of the law are taken into account when conducting an internal investigation, then based on its results the employee may be subject to appropriate punishment. In the event of further proceedings, the court will not be able to convict the employer of illegality of actions and cancel the dismissal order.
Step-by-step procedure for registering dismissal
If the employer intends to apply the strictest measures to a violator of labor discipline and fire him for drunkenness in 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. The violator’s immediate superior informs the superior employee about the employee’s expected condition.
Step 2. By order of the manager, a commission of 3 people is appointed to conduct an internal investigation.
If the commission finds the employee external signs intoxication, he is asked to undergo a medical examination. If an employee refuses to pass, the refusal is recorded using an act signed by members of the commission and witnesses from among the employees.
In practice, a drunk employee is limited to drinking alcohol in the workplace. But sometimes in such a state thefts may be committed in the organization or insults to other employees of the company.
In such a situation, the presence of insults will be recorded in an act, which can become a justification not only for dismissal, but also for prosecution. administrative responsibility according to Article 5.61 of the Code of Administrative Offenses of the Russian Federation.
If there was theft of property, then additional criminal punishment will be applied under Article 158 of the Criminal Code of the Russian Federation. An organization can file a claim for criminal prosecution and compensation for damages no later than one year.
Step 3. The employee is suspended from work and given 2 days to provide a written explanation. Removal from work is carried out by order. The employee must sign that he has read the order. If he refuses to do this, you can, without drawing up an additional act of refusal, make the necessary note directly on the order and put the signatures of two witnesses.
Step 4. A free-form report on being intoxicated at work is drawn up. The act reflects:
- time and place of compilation;
- personal data of commission members;
- signs based on which a conclusion is made about the state of alcoholic intoxication: the smell of alcohol, speech disturbances, instability of posture, redness of the face, excited state, inappropriate behavior.
Members of the commission must indicate in the act as carefully as possible all the signs that occurred at the time the act was drawn up.
If after the time required by law (2 days) there is no written explanation for the offense, a report is also drawn up.
When all the evidence confirming the fact of being drunk at work has been collected, the question is how to fire 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 uses this extreme measure if there are no extenuating circumstances. They could be, for example, the following:
- the employee has never had any penalties;
- has been with the organization for a long time;
- there were no serious consequences for production caused by the misconduct.
Some facts
The permissible amount of alcohol in the blood may also be present when taking medications or certain food products, for example, kvass, kefir or whey. In fact, a small amount of ppm in the blood can justify the need for removal from work only in case of unsatisfactory health, but will not be a reason for dismissal and the return of money spent on the examination.
Taking into account all the factors, the employer may limit itself to issuing a reprimand. In any case, an order is drawn up no later than one month from the date of discovery of the offense.
An order to impose a disciplinary sanction in the form of a reprimand is drawn up in any form. The dismissal order is in form T-8.
An entry must be made in the employee’s work book indicating the grounds for dismissal and a link to an article of the Labor Code of the Russian Federation. The dismissal order is registered in the order register. After the order is issued, no later than 3 days from the date of its writing, the dismissed employee must familiarize himself with it against signature. 193 Labor Code of the Russian Federation).
Full payment to the employee is made on the day of dismissal. He is paid a salary for the time actually worked, and vacation compensation, if applicable.
Conclusion
The dismissal of an employee while intoxicated must be formalized in accordance with the procedure prescribed by law. As a rule, an employee dismissed under such a reputation-tarnishing article will look for the slightest inaccuracy in the employer’s actions in order to prove the unlawfulness of the dismissal and cancel the article.
If the court finds the dismissal illegal, the employer will have to pay wages for the entire period of forced absence, compensate for moral damages, and change the grounds for dismissal.
If a medical examination was carried out at an enterprise, the examination methods and methods approved by the Ministry of Health and Social Development of the Russian Federation must be used. Otherwise, the court does not recognize the issued conclusion as evidence and may declare the dismissal illegal with all the ensuing consequences.
To get a lawyer's comment, ask questions below
How to fire an employee and maintain your reputation? One of the unpleasant reasons to fire an employee is dismissal for drunkenness. This is a common situation these days. There is an article in the Labor Code that regulates the relationship between employer and employee in this case. It happens that a manager turns a blind eye to drunkenness at work for some time. Especially if the employee is a good specialist and a promising person. But there is a limit to everything. An employee who regularly abuses alcohol will soon lose his professionalism and can cause irreparable harm to the company's image.
If an employee shows up to work drunk or has been drinking heavily during the working day, it is better not to ignore it. Even if this happened for the first time, it is worth holding a preventive conversation in for preventive purposes. Otherwise, this fact will be considered unnoticed and will lead to repetition. Drunkenness in the workplace will progress, which will negatively affect the atmosphere in the team, and perhaps other employees will begin to follow the example. If such an immoral person appears at work, it is necessary to stop his illegal actions.
There is an article in the Labor Code that allows an employer to fire an employee for appearing drunk at work once.
Explanatory is the first warning, which may be the last. Let's consider the procedure for dismissing an employee in accordance with the Labor Code.
Dismissal of an employee is possible only when he is noticed in a state of intoxication directly at his workplace, on the territory or at another facility where he was on the direction of the employer (on a business trip, at a company branch, at a customer site). If he is noticed in a state of intoxication outside of his working hours, then a warning may be enough. In the case of irregular working hours, it is already more difficult. If an employee drank on the territory of the enterprise at a time when he should not have been there, then no court will find him guilty. Even if he drank before the start of the working day and was detained at the checkpoint, this is also not considered a reason for dismissal. You cannot dismiss a minor employee without the consent of the state labor inspectorate and the commission for minors. It sounds quite strange, but it is impossible to remove a pregnant woman from work while intoxicated according to the article of the Labor Code. The Labor Code stipulates how to fire an employee and how he can protect himself upon dismissal.
The employer’s actions are not particularly different if the territory in which the organization is located is Ukraine. In this case the article changes Labor Code and some features appear. For example, women who have a child or children under the age of 3 years and who have a child (children) under the age of 6 years cannot be dismissed under this article if this child needs home care. The Labor Code protects intoxicated single mothers who have a child under 14 years of age or a disabled child from losing their jobs. The same applies to fathers who are raising a child without a mother or the mother stays in a medical institution for a long time, guardians and trustees. It turns out that they have a reason to drink at work and go unpunished. Entries in work book do, referring to the corresponding clause 7 of Art. 40 Labor Code of Ukraine.
Please note right away that intoxication is a medical concept, and a common person does not have the right to draw an unambiguous conclusion. Without being a specialist, this is difficult to establish, since many of the symptoms of intoxication are characteristic of other conditions: severe excitement, stress, high temperature, poisoning, etc. Only medical examination.
How to properly record an employee's state of intoxication
The immediate supervisor of an employee who appears at the workplace while drunk, or any colleague, informs the head of the company or the acting director about the fact of the violation. A commission is appointed to conduct an official investigation, draw up a report and send it for a medical examination.
Drawing up an act upon dismissal for drunkenness
The act of showing up to work while drunk will be evidence in court of the revealed fact. But the Labor Code does not explain how to do this correctly. This means we act on our own: we find a sample on the Internet and adjust it to suit our case, thus recording intoxication. It must be remembered that if the dismissal procedure is carried out incorrectly, the employee may sue the employer. Entry in the work book about dismissal under clause. "b" clause 6 of Art. 81 of the Labor Code of the Russian Federation can put an end to not only a future career, but also the ability to find work in the future. Therefore, the employee will strive with all his might to challenge the fact that he was fired for drunkenness.
Judicial practice shows that a decision is often made to reinstate the employee. This may happen due to the existence of “pitfalls” in the Labor Code. They can be avoided if all points of the relationship between the employee and the employer are thoroughly spelled out in the employment contract. Here are the main points for correctly writing the act:
The act is drawn up in two copies and given to all participants against signature. An employee can win in court if he proves that there were no grounds for dismissal under the article for drunkenness, including if the report was not drawn up. As a result, the employee is reinstated in his position, and the employer may be forced to pay for moral damages. An explanatory note, if one was written earlier, is also attached to the case.
Medical examination procedure
Often, an employee for whom a dismissal order is being prepared refuses to undergo a medical examination. Be sure to record this in the act. According to the Labor Code of the Russian Federation, it is not the responsibility of employees to undergo a medical examination for alcohol intoxication; they cannot be forced to do this by law. Yes, and this procedure is paid. The initiator will have to send the employee for examination to a specialist and pay for it. If signs of intoxication are detected, you can later try to recover damages from him. Send the offender quickly to a procedure to determine the degree of intoxication, because the signs may disappear within a few hours. As a result of the visit to the doctor, a protocol will be drawn up in form No. 155/u, the conclusion of which gives the right to dismiss under clause. "b" clause 6 of Art. 81 Labor Code of the Russian Federation.
A dismissal order is prepared, signed by the head of the company, and the employee is immediately removed from the work performed. A sample order can be found on the Internet. While the cause of the condition is being determined, the employee will be considered not at work. This is a kind of insurance for the employer against unnecessary costs. Working time after suspension from work for drunkenness is not paid and is not included in vacation time. In order for everything to be 100% legal, make an entry on your time sheet, indicating letter code"NB" or numeric code"35". This will be the basis for non-accrual wages.
According to the Labor Code, the manager is obliged to remove a drunk employee from work. A person's behavior while intoxicated is unpredictable. If action is not taken, a drunk person may cause harm to himself or another employee, possibly resulting in death. In this case, the manager may be held criminally liable. It's worth protecting yourself.
How to punish an employee for drunkenness at work
If a drunk employee behaves aggressively or tries to use force, feel free to call the police or emergency medical services. After drawing up the documents described above, a decision is made on what the next step will be - dismissal for drunkenness or forgiveness of a negligent employee. If the decision to say goodbye to the employee is firm, then a corresponding entry is made in the work book. It is stated that the employment contract was terminated at the initiative of the employer due to appearing at the workplace while intoxicated, and the article of the Labor Code on the basis of which this occurred is indicated.
According to the Labor Code, on the day of dismissal, the employer must pay the employee for wages and unused vacation days and issue him a work book. Naturally, in this case there can be no talk of severance pay. When an employee in a state of intoxication behaves peacefully, but the expediency of dismissal is obvious, it would be better to negotiate with him about dismissal by agreement of the parties.
The best way to prevent drunkenness in the workplace is to promote a healthy lifestyle. This primarily concerns the habits of celebrating holidays, birthdays, and personal events. And nowadays, many companies have a veto on alcohol. You can celebrate the occasion at work, but only with soft drinks and sweets.
Drinking alcoholic beverages is permitted at corporate parties in restaurants, cafes, and outdoors. It would be good if such events were also non-alcoholic. But if this cannot be avoided, diversify your leisure time with sports competitions and a cultural program. This will bring novelty to the collective celebration and reduce the time spent drinking alcohol. The procedure for dismissal under the article for drunkenness is not very good pleasant procedure. Therefore, it is better to spend your working time on more productive things. Take care of healthy way the life of his team, and he will definitely respond with excellent results.
Dismissal for drunkenness under article
Current legislation allows the dismissal of an employee for being drunk at work (clause “b”, clause 6, part 1, article 81 of the Labor Code of the Russian Federation). Even if this is the first violation, and the employee has not been subject to disciplinary action before.
Dismissal for drunkenness is one of the few grounds for labor disputes in which the courts quite often side with the employer. But only if the law was applied correctly and all necessary formalities were observed.
We qualify correctly
An employee who was in such a state during working hours at his workplace, in another area of the enterprise, or at a facility where he was supposed to perform an assigned task can be fired for being in a state of intoxication.
Intoxication can be confirmed by a medical report or other evidence.
Therefore, to correctly qualify the offense, you need to confirm the totality of the following circumstances:
- employee's state of intoxication
- being in this state during working hours
- presence of a drunk employee on the employer’s premises or at the place where assigned work is performed
In the absence of at least one of these signs, dismissal will be illegal.
We follow the dismissal procedure
Dismissal on the grounds provided for in clause 6, part 1, article 81 of the Labor Code of the Russian Federation is a type of disciplinary sanction. Therefore, before issuing a dismissal order, you must follow the procedure established by Article 193 of the Labor Code of the Russian Federation. Request a written explanation from the employee. If after two working days the employee has not provided an explanation, draw up a free-form report about this.
You can issue a dismissal order no later than a month from the date the misconduct was discovered, not counting the time the employee was ill or on vacation. Please note that the law prohibits dismissing an employee at the initiative of the administration during his illness or vacation.
Arbitrage practice
P. filed a claim to have the dismissal declared illegal and reinstated at work. He claimed that he was not drunk and did not violate anything. In addition, he believed that the employer violated the procedure for bringing to disciplinary liability.
At the court hearing it was established that the employer drew up a report on P.’s appearance at the workplace in a state of intoxication. On the same day P. was fired under paragraphs. “b” clause 6, part 1, article 81 of the Labor Code of the Russian Federation. The act does not indicate on what grounds the employer came to the conclusion that the employee was intoxicated. Honey. no inspection was carried out. The employer did not give the plaintiff the opportunity to provide any explanations, did not investigate the circumstances of the case, and on the same day issued a dismissal order.
The court decision satisfied the employee's claims.
M. was fired for showing up to work while drunk. He did not agree with the dismissal and filed a lawsuit. The statement indicated that he was on vacation that day. family circumstances. The foreman called him and asked him to come to work to hand over the keys. Since M. did not intend to show up for work, he drank a glass of beer in the morning, but was not drunk. At the exit from the enterprise, security guards stopped him and drew up a report of being in a drunken state.
When the case was considered in court, M.’s testimony was confirmed. He was indeed on leave without pay and came to the plant at the request of the foreman. IN explanatory worker also pointed out these circumstances. The report on M. being in a state of intoxication was drawn up in his absence, according to the security workers.
The court reinstated the employee, declaring the dismissal illegal. The employer did not prove that M. was drunk. In addition, the plaintiff was at the enterprise during non-working hours.
People almost always appeal against dismissal for drunkenness - no one wants to have such an entry in their work book. Therefore, immediately prepare all documents as you would prepare them for court.
Make sure that the employee was intoxicated during working hours. A common mistake made by many employers: security detains at the entrance an employee who came to work early, but shows signs of intoxication. A report is drawn up, and the employee leaves for home. And his working time has not yet arrived, i.e. This person was not drunk on the territory of the enterprise during working hours. And, accordingly, it is impossible to fire him for this.
A similar situation: an employee is late at work and comes out already tipsy. And then in court he will claim that he drank after working hours. If the employer fails to prove otherwise, the dismissal will be considered illegal.
A medical report is not mandatory, but it will most reliably confirm the fact of intoxication. Therefore, if you have any doubts about the sobriety of an employee, invite him to go to a medical facility for examination. If an employee refuses to be examined, draw up a statement of refusal; in court it will serve as an additional argument in your favor.
When drawing up a report on an employee being in a state of intoxication, indicate in detail what signs the employees who drew up the report used to come to this conclusion. Keep in mind that if a termination dispute arises, these employees will likely be subpoenaed as witnesses.
How to file a dismissal for drunkenness at work?
Dismissal for drunkenness at work can only be done under a number of conditions. Read our article about what these conditions are and how to avoid dismissal being declared illegal.
Circumstances of the place: what is appearing drunk at work under Article 81 of the Labor Code of the Russian Federation
You can only be fired for appearing drunk at work: an employee being in such a state outside of work, even during working hours, does not provide reasons for dismissal on the grounds in question. The “work” referred to in sub. “b” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation recognizes:
- directly workplace employee;
- employer's territory outside the workplace;
- the territory of the facility where the employee works on behalf of the employer.
Circumstances of time: was it working time?
Taking into account this requirement of the law, it is impossible to dismiss an employee who:
- during his lunch break he drank alcohol at work, after which (before the end of the break) he left work;
- drank alcohol at work after the end of the working day;
- came to work drunk on my day off, on a vacation (any kind) or sick leave.
Recording the fact of intoxication for the purpose of dismissal for drunkenness
If you suspect that an employee is drunk, it is recommended, first of all, to record the fact of intoxication. The presence of evidence of such a condition of the employee is the third necessary condition for his legal dismissal.
The state of intoxication can be confirmed not only by a medical report, but also by other evidence. This was also indicated by the Plenum of the Supreme Court of the Russian Federation in paragraph. 3 clause 42 of resolution No. 2 of March 17, 2004 (hereinafter referred to as resolution No. 2).
Sometimes it is not possible to carry out an examination for objective reasons. For example, there is no medical facility of the appropriate profile nearby, or the employee is against the examination, and it is possible only if voluntary consent is given (like any medical procedure performed without vital indications).
IMPORTANT! It is recommended to start by drawing up a report on appearing at work while intoxicated, even if the employee agreed to undergo an examination. It must be borne in mind that a person has the right to refuse this procedure at any time (both before and during its implementation).
Creation of a commission to draw up an act
In some organizations, there is a permanent commission to record the drunken state of employees. If one does not exist, then it is better to create it.
To do this, it is necessary to issue an order in free form. It is advisable to display in it:
- the basis for the order (usually a report on the discovery of a drunk employee);
- the purpose of creating the commission;
- composition of the commission indicating full names and positions;
- validity period of the commission (it is possible to create a commission without limiting the validity period, that is, on an ongoing basis).
How to draw up a report against an employee who is drunk?
The commission report must be drawn up on the day the employee was caught drunk at work. Moreover, it is recommended to do this as quickly as possible for obvious reasons: after just a few hours it will be difficult to prove the fact of intoxication.
The form of the act has not been approved, but it is advisable to include in it:
- place, date and time of compilation;
- information about the employees who drew up the act;
- information about an employee found to be intoxicated;
- signs indicating intoxication.
On the last point: came into force in 2016 new order medical examination to determine the fact of intoxication (approved by order of the Ministry of Health of the Russian Federation dated December 18, 2015 No. 9 33n, hereinafter referred to as the order). Clause 6 of this document defines signs of intoxication, each of which is sufficient to warrant referral for examination, including if the employer suspects that the employee is drunk:
- unsteady posture and gait;
- alcoholic smell;
- speech disorders;
- sudden change in facial skin color.
These signs may be characteristic of some diseases, so the employee’s condition should be described in detail. Based on all the circumstances, the act makes an appropriate conclusion.
The act is signed by all members of the commission, after which it is highly advisable to familiarize the offending employee with it against his signature. If he refuses to sign or, due to his state of intoxication, cannot sign the document, the act should be read out loud and the appropriate note should be made in it.
Medical opinion as evidence of intoxication
After drawing up the report, it is necessary to invite the employee to undergo an examination procedure at a medical institution. According to clause 3 of the procedure, it can only be carried out by organizations with a license for medical practice, which includes, among other things, the service of examination for intoxication. A conclusion issued by a medical institution without an appropriate license will not be accepted by the court as evidence of the legality of the dismissal of an employee.
If the employee agrees to the procedure, he is given a referral (subclause 5, clause 5 of the procedure). The form of this direction is free.
The examination must include 5 actions (item 4 of the order). These include tests of biological fluids, examination, and a breathalyzer test. If any action was not carried out and/or is not reflected in the conclusion, the court may consider the dismissal illegal.
Suspension from work duties before dismissal for drunkenness
After establishing the fact of intoxication, the employer is obliged to remove the offender from work (Part 1 of Article 76 of the Labor Code of the Russian Federation). The time of suspension will not be considered absenteeism, but wages will not be accrued for this time.
The removal must be formalized by an order unified form which does not exist. It is advisable to include:
- information about the employer;
- information about the employee (full name, position);
- indication of the circumstances of removal - state of intoxication;
- a link to documents confirming the fact of intoxication;
- period of suspension from labor responsibilities.
According to Part 2 of Art. 76 of the Labor Code of the Russian Federation, an employee cannot be allowed to work during the period of persistence of the circumstances for which he was suspended. In the case of intoxication, determining such a period can be difficult, because sometimes the state of intoxication is so severe that it may not pass for several days.
IMPORTANT! If the employer, having established the fact of intoxication, nevertheless allowed the offender to work, then liability for possible Negative consequences(damage to property, injury) falls on him. And responsible officials who did not carry out the suspension, being aware of the situation, may be punished for violating labor safety rules - as under Art. 5.27.1 Code of Administrative Offenses of the Russian Federation, and under Art. 143 of the Criminal Code of the Russian Federation.
How to fire someone for drunkenness at work? Order of dismissal (sample)
Dismissal for drunkenness at work is nothing more than a disciplinary measure. Therefore, it is necessary to be guided by the rules on the imposition of such rules established by the Labor Code of the Russian Federation.
It is best to do this after the end of the suspension period. If you request an explanation immediately after discovering someone drunk at work, the court may find a violation, indicating that the employee’s intoxication resulted in his inability to write a correct explanation.
The form of the explanatory demand has not been established. It is still recommended to compose it in in writing and give one copy to the employee against his signature, and in case of refusal to sign it, draw up a report.
After 2 working days (this is the period during which the explanatory note must be written), the employer has 2 options:
- If an explanation is not provided, then a report is drawn up about this. A written request for an explanation and an act of failure to provide it will be sufficient for dismissal.
- If the employee has written an explanatory note, the reasons for the misconduct indicated by him should be assessed and, taking into account its severity, the type of disciplinary sanction should be determined. It is possible that the employee was poisoned by toxic fumes at work, resulting in toxicological intoxication.
There is nothing complicated in drawing up an order for dismissal for drunkenness. A sample of it can be found on our website. It should be remembered that it is sufficient to issue only one order - dismissal, since in in this case This is what constitutes disciplinary action. That is, there is no need to issue a separate order to impose disciplinary liability.
Proportionality of the penalty in the form of dismissal to the violation
The courts do not always recognize dismissal as commensurate with the gravity of such an offense as showing up drunk at work. Therefore, in each specific case, the employer should pay more attention to the explanations provided by the offending employee, as well as evaluate the previous behavior of the offender and his attitude towards work in general. This was indicated by the Plenum of the Armed Forces of the Russian Federation (clause 53 of Resolution No. 2), and this is also stated in Part 5 of Art. 192 Labor Code of the Russian Federation.
- The employee has been working at the company for a long time.
- Disciplinary sanctions have never been taken against the employee before.
- The employee is close to retirement age.
- There were no negative consequences for the misconduct for the employer.
Thus, before making a decision to fire an employee for appearing drunk at work, you should once again assess the situation and make sure that there is mandatory conditions to terminate employment contract like this:
- sufficient evidence of intoxication;
- establishing the employee’s guilt in the onset of intoxication;
- appearing drunk at the workplace and during working hours.
You can only fire someone for drunkenness if these facts are combined; one of them is not enough. In addition, the employer should consider imposing a non-dismissal penalty based on the employee's characteristics.
The nuances of dismissal for drunkenness: step-by-step instructions, as well as a sample order for downloading
One of the most common situations at work that gives grounds for dismissal under an article for drunkenness is the appearance of the latter at work drunk.
People often turn a blind eye to such incidents if the employee is an expert in his field, has been working for a long time, has never been found guilty of anything bad, and his “condition” does not in any way affect the performance and quality of work.
But such behavior can provoke work-related injuries, accidents and other unpleasant situations, as a result of which other people may suffer.
Therefore, management needs to know how to properly fire someone for drunkenness in the workplace.
Read the article to find out how to fire an employee for drunkenness legally.
The question of dismissal under article b, part 6, art. 81 for drunkenness in each specific case the head of the enterprise must. If a decision is made to dismiss, he must prove the employee’s guilt by competently completing the necessary documents.
The following main signs of alcohol intoxication can be identified:
But not always, based only on these symptoms, we can assume that there are grounds for dismissal for drunkenness.
It will not be possible to fire someone for drunkenness if you notice these signs, because the same signs are present in other conditions, such as stress, poisoning with toxic substances, etc., and the smell may be associated with the person’s intake medicines according to the doctor's indications.
What degree of intoxication can cause dismissal?
Since dismissal for alcohol intoxication in accordance with the Labor Code of the Russian Federation is possible only for being intoxicated at the workplace, and not for the fact of drinking alcohol, it is necessary to prove that the concentration of alcohol in the blood is equal to half a ppm, which is equivalent to 75 grams of vodka or 1 bottle beer for a person weighing about 80 kg.
In what cases is it possible?
Dismissal under the article of alcohol intoxication in the workplace or within the employer's territory is possible only if it happened during his working hours.
What categories of employees are prohibited by law from being fired for showing up at work while intoxicated?
The article of dismissal for drunkenness does not apply to the following categories of employees:
Detection of intoxication
How to fire someone for drunkenness? The procedure for dismissal for drunkenness in the workplace begins with recording the fact of alcohol intoxication. It is necessary to prove that the employee was actually drunk while performing work.
To record the fact that a person is in an inappropriate condition at the workplace during working hours, it is necessary to draw up a report.
This document is drawn up without details, since its purpose is only to convey to management information that an employee at the enterprise is in an inadequate condition.
The management, in turn, imposes a resolution on this document, which indicates the creation of a commission of investigation and further measures, if it has not been created here earlier and is not working on a permanent basis.
Dismissal for drunkenness: step-by-step procedure
So, how to fire an employee for drinking in the workplace? You can be fired for drunkenness in the workplace from the moment an employee is found to be inappropriate during his work shift. To do this, it is necessary to carry out a number of procedures to register this fact:
To eliminate the possibility of error, it is necessary to involve a couple of people who will witness the incident.
These may be employees of other departments, but it is optimal to involve a lawyer and an employee of the labor protection department for help.
Also in the article for drunkenness at work it is stated that if not suspended in a timely manner of this employee all consequences arising for this reason during the performance of his labor duties will be borne by the employer.
Therefore, this procedure should be carried out by formalizing it with an appropriate order from the head of the department or the organization as a whole.
When dismissal under an article for drunkenness, it is very important to write down all subsequent points in the act.
- Name of the organization.
- Time, date of document preparation. Where was it issued?
- Full name of the employee through whose fault all procedures are carried out.
- Positions and names of witnesses who confirm the fact of the employee’s condition.
- Full name and position of the person drawing up the act.
Description of all external symptoms indicating the presence of intoxication of the employee: the smell of alcohol, obscene speech, awkward movements, redness of the skin, resistance when registering a violation.
Sample report on an employee being drunk at work.
It is necessary that in the act the person responsible for the incident writes in his own hand an explanation about the current situation. If the employee does not want to give an explanation, this must also be indicated in a separate paragraph.
Such an examination is considered legal only if it is carried out by narcologists in specialized drug dispensaries or when specially trained doctors of other profiles visit medical equipment. vehicle inspections.
Payment for travel to the venue and the procedure itself is carried out at the expense of the initiator of clarifying the situation, that is, the employer.
The sooner the employee is sent to medical care. examination, the greater the likelihood of confirming the fact of a violation, since after several hours from the moment the paperwork begins, alcohol in the blood may no longer be detected.
This document is mandatory for the legality of imposing an official penalty. In addition, this will confirm the recognition of the fact of intoxication and the consent of the offender himself.
If the employee is not going to write an explanation regarding the situation that has arisen, it is necessary to draw up an act indicating the refusal, signed by 2 witnesses and the boss.
Since the law gives the employee 2 days to submit a report on the situation, the refusal act should be drawn up not at the moment when the employee indicated that he will not write an explanatory note, but after two days from that moment.
Documents are drawn up regarding dismissal for drunkenness. The fact of issuing an order to dismiss an employee must be communicated to him within 3 days. It is necessary to obtain the signature of the dismissed person and give him a copy of the document. An order for dismissal under the drunkenness clause must be drawn up in Form T-8. All documents that took place during the investigation must be referred to in a separate paragraph of the order “Bases”.
If the offer to sign the order is refused, an act is drawn up, which will be signed by the chief and two third-party (from other departments) persons.
All of the above actions must be carried out no later than one month after the violation is discovered. If the decision of a manager to dismiss, formalized as an order, is not made within the approved period, it will not be possible to dismiss the employee.
An employee dismissed due to being drunk at work receives the following payments:
- wage;
- vacation days he did not use.
An employee is not entitled to compensation and other payments such as severance pay upon dismissal for drunkenness in the workplace.
Dismissal for alcohol intoxication can occur if it happens even once.
To know how to fire an employee for alcohol intoxication, it is important to correctly draw up all the documents, providing the necessary evidence and confirmation of witnesses, since it is impossible to exclude the possibility of challenging this wording of dismissal by an employee through the court.
Dismissal for drunkenness in the workplace under article
Every organization has a few problem employees. As a rule, management dissatisfaction arises when an employee fails to show up for work. This topic is in the post holidays is especially relevant. If, for example, a person called work, reported that he was not feeling well, and showed up at work the next day, he may receive a warning.
But if a person shows up at work a few days later without medical documents, he cannot be fired for drunkenness. Even if the reason is obvious. In this case, registration should take place under the same Article 81 of the Labor Code of the Russian Federation for absenteeism.
How to fire an employee for drunkenness in the workplace
Dismissal of an employee is provided for gross violation of discipline. However, it is necessary to formalize the dismissal in accordance with Article 81 of the Labor Code of the Russian Federation. The procedure must take place strictly in a certain order, otherwise this will result in consequences in the form of inspections from various departments, ranging from the labor inspectorate to the Economic Crime Department. The number of checks is directly proportional to the number of statements written by the dismissed employee.
If the dismissal is found to be unlawful, the employee may be reinstated in the workplace. This will entail the need to pay him compensation for forced downtime. After this, inspections can begin in the organization. Inspector labor law If violations of the Labor Code of the Russian Federation are detected, a fine may be issued in the amount of:
- For officials the maximum fine will be 50,000 rubles;
- For individuals fine up to 40,000 rubles;
- For legal entities the maximum fine is up to 200,000 rubles.
Dismissal for drunkenness in the workplace procedure
The correct procedure for dismissal for drinking alcohol while working is very important. Step by step order actions:
- Recording the fact of drunkenness and warning the employee about the consequences;
- Drawing up a report on the fact of drunkenness with the signatures of three employees;
- Conducting a medical examination in a specialized institution;
- In case of refusal by an employee to undergo an examination, drawing up a report;
- Drawing up a dismissal order;
- Familiarization of the employee with the order on record;
- Making an entry about dismissal under the article for drunkenness in the work book.
The dismissal order must be based on the memorandum. Examples from judicial practice show that this is evidence of the legality of termination of an employment contract in disputes in court.
If you were fired for drunkenness, what should you do?
If a person has received a record of dismissal in his work book for drunkenness in the workplace, he has three ways to correct this record:
- Reinstatement at work by court decision;
- Issue a duplicate of the work book;
- Get a low-paying job for a short period of time.
Going to court makes sense if the procedure for completing documents was violated during dismissal for drunkenness. This is possible if there is no memorandum with which the person should be familiarized, or it was drawn up retroactively. This guarantees reinstatement in the workplace and payment of compensation in accordance with the Labor Code of the Russian Federation. If the procedure is followed by management, filing an application with the court will not bring the desired result.
Dismissal under article for drunkenness, entry in work book
If it is not possible to correct the entry in the work book through the court, you need to get a new job. If a person proves himself well, this fact will be a reason to believe that the problem with alcohol addiction has been solved. If a person is not hired for another job, he can provide a certificate of treatment, for example from a clinic or from a narcologist.
If the employer for any reason does not submit reports to Pension Fund, you can get rid of the entry in the work book without consequences. To do this, you need to create a duplicate book. It is not necessary to visit all employers to restore a record. The Labor Code of the Russian Federation provides for the opportunity to restore all data on the length of service at the last place of work. The last place of work is considered to be where the employer paid contributions to the Pension Fund. In this case, the following procedure must be followed:
- Buy a new work book;
- Present your work book and passport to the HR department;
- Write a statement about the loss of the document with a request for its restoration;
- Pick up your work book.
If the employer paid contributions to the Pension Fund, the entry can be removed, but this will become known.
How to make sure you don't get fired for drunkenness?
The best way to solve a problem with an entry in the work book is negotiations with management. IN best case scenario You can count on a warning if the action did not cause damage to the employer.
If negotiations for disciplinary action do not yield results, you can go another route. The procedure for dismissal under the article is much more complicated than under the usual procedure. Therefore, it is quite possible to write a statement on at will. Most likely, management will meet the person halfway.
The article was written based on materials from the sites: alko03.ru, clubtk.ru, nsovetnik.ru, moyafirma.com, classomsk.com.
Drunkenness at work is a significant offense that allows the offender to be fired. This is due to the fact that the drunkenness of an employee can lead to serious negative consequences in the form of accidents, damage to people’s health (in particular, industrial injuries), as well as their death. For example, intoxication of a bus driver can cause injury and death to many passengers. We will tell you in the article how dismissal for drunkenness occurs and what documents are drawn up.
To be fired for drunkenness, the violation does not have to be repeated. An employer may immediately dismiss an employee who has violated labor discipline in this way. However, the decision on a specific case is made individually. The employer may be limited to a less severe disciplinary sanction for the first time, depending on the degree of intoxication, the consequences of the violation and the behavior of the offender.
Time limits for bringing disciplinary action for drunkenness
Punishment for drunkenness at work can be done within 1 month from the moment the offense was discovered. This period does not include:
- period of temporary incapacity for work;
- employee leave;
- the time required to clarify the opinion of the Trade Union.
When you can and cannot fire someone for drunkenness
The corresponding disciplinary violation is recognized as such if the employee is intoxicated during working hours:
- at your workplace;
- on the territory of the enterprise;
- at another place of work by order of management (for example, a business trip).
It is not allowed to terminate employment relationships on the basis of such an article with the following employees:
- persons intoxicated by vapors of harmful substances at work;
- pregnant women;
- minors without the consent of the Trade Union, the State Labor Inspectorate and the Commission on Minors' Affairs;
- employees found drunk during non-working hours (with a normal schedule).
For example, if an organization has officially established a standard 40-hour workweek with a 5-day workweek (8 hours a day), then an employee coming to work with a fume on Saturday cannot be considered a disciplinary offense. This is a day off as it is not a paid working day. The same goes for unpaid overtime(if an employee, for example, is forced to stay late in the evening without additional pay) or work on holidays.
Activating drunkenness at work
Regardless of what decision the employer makes regarding the punishment of the employee, in order to fix it, the necessary documents must be correctly completed. In addition, it is advisable to stock up on additional evidence in case there is a likelihood of a legal dispute on this matter.
Evidence in such disputes may also include testimony. Testimony from witnesses is heard in court and assessed along with written evidence. In order to reduce the risk of likely losing a case in the future, it is advisable to carry out all actions to detect the intoxication of an employee with the participation of witnesses.
List of documents drawn up when an employee is drunk:
| Name | Mandatory registration | Employee participation in registration |
| Act on violation of labor discipline | Necessarily | Must sign for review within 3 days |
| Certificate of refusal to sign | Mandatory if the employee refused to sign the above act | Not required |
| Medical examination report | Mandatory if the employee agrees to undergo it | Personal completion of the examination procedure |
| Certificate of refusal to undergo examination | Mandatory if the employee does not agree with the need for the examination procedure | Not required |
| Time sheet with code NB | Necessarily | Not required |
| Written statements from witnesses | Mandatory if the employee does not agree with the actuation of his misconduct | Personal presence before witnesses |
| Explanatory note from the employee | Mandatory, but if the employee refuses to write it, then an act of refusal to provide written explanations with signatures of witnesses is needed. | Must write in your own hand |
Evidence of employee intoxication
Only a specialized organization with a license for such activities can reliably confirm the fact of intoxication. Not suitable for these purposes:
- calling an ambulance;
- involvement of medical center personnel and other persons incompetent in this matter;
- drawing up a conclusion by the employer’s staff;
- contacting a narcologist who is not an employee of an authorized organization.
Most often, it is difficult to determine intoxication by sight or smell alone, much less its degree. This is especially difficult to establish in cases of drug or other toxic intoxication. In this case, the employee’s refusal to go to the Narcological Dispensary is a weighty argument in favor of the employer.
You cannot use force on an employee or otherwise force him to undergo a medical examination. This may entail liability under the law, since its forced implementation is illegal. When considering a dispute in court, all evidence is considered together. The burden of proving that an employee is intoxicated lies entirely with the employer.
Written explanations are drawn up in mandatory with his own hand. Witnesses, if necessary, must confirm all facts in court.
Step-by-step registration instructions
If you identify a case of drunkenness at work, you need to take the following steps:
| No. | Action | What is it for? |
| Step 1 | Request the employee to provide an explanation of the situation. | Find out whether signs of intoxication are related to health conditions, production factors or taking medications. In addition, an explanatory note is needed for a set of documents. |
| Step 2 | Suggest that he undergo a medical examination. | To confirm intoxication. |
| Step 3 | If the employee does not admit the fact of intoxication, then invite witnesses and draw up a report of disciplinary violation. Invite the employee to read the document and sign it. | To record a disciplinary violation. |
| Step 4 | When an employee refuses to undergo a medical examination and sign the above act, register this with the signatures of all witnesses. | To collect evidence. |
| Step 4 | Ensure that the employee is removed from work. | For security. |
| Step 5 | Carry out a time sheet for this day in the form of NB. | To avoid paying for such time. |
| Step 6 | Issue an order and familiarize the employee with it within 3 days. | To punish the employee and prevent such cases in the future. |
| Step 7 | It is required to fill out a work book and give it to the employee based on the signature in the appropriate journal | To complete the dismissal procedure. |
Order to terminate the employment contract
Such an order can be made without prior notice to the employee. Familiarization with it must be made within 3 days from the date of issue. If the employee refuses to sign the order in the “Acquainted” column, it is necessary to confirm this fact with the participation of witnesses.
Often the employee and the enterprise agree to terminate labor relations on another basis - agreement of the parties. This option is possible when the employee behaves appropriately and does not want a negative entry in the work book. For the employer, such registration is beneficial in that after the termination of the employment relationship has been properly formalized by agreement of the parties, the employee will not be able to challenge the dismissal in court.
Controversial situations during dismissal
Unfortunately, under such circumstances, the matter quite often comes to trial. This is due to difficulties in finding employment with this wording of dismissal from the last job. Former employees usually base their position in court on the fact that they were not drunk.
In the absence of an examination carried out by an authorized organization and duly executed, confirming a sufficient degree of intoxication, such a case may have judicial prospects. The court's decision depends on the quality and completeness of the evidence presented by the employer. Judicial practice shows that judges often reinstate such former employees, award them wages for the period of forced absence and even oblige them to compensate them for moral damages.
Brief examples from judicial practice:
| Claim | Facts of the case | The court's decision |
| Change the wording in the work book to indicate voluntary dismissal, as well as oblige the company to pay for the employee’s forced absence and compensate him for moral damages. | The defendant did not give the plaintiff the opportunity to provide explanations regarding the controversial situation and could not prove the actual presence of intoxication. | The plaintiff's demands are fully satisfied |
| Reinstate at work and in position, pay for forced absence, and also seek compensation for moral damage | The employee referred to the fact that he used only valerian and Corvalol after the news of the death of a relative. The evidence presented by the employer regarding the fact of intoxication was found by the court to be insufficient, since NB was not indicated in the work time sheet, and the testimony of witnesses was contradictory. | The employee won the case |
The emergence of controversial situations in such cases can only be prevented by correctly filling out all the documents. If there is indisputable evidence of the employer's intoxication, the employee is unlikely to sue and waste his time in vain.
Rating of the 5 most frequently asked questions:
Question No. 1. What blood alcohol level is considered sufficient for dismissal?
To be dismissed under this article, it is enough to exceed the level of 0.3 ppm. This is the upper limit of the stage of mild intoxication.
Question No. 2. What to do to avoid exceeding the maximum permissible norm alcohol in blood?
Do not drink a lot of alcohol before work, stop drinking it at least 12 hours before your shift. Alcohol is eliminated from the body faster when physical activity. You can also rinse the stomach with a solution of potassium permanganate and water.
Question No. 3. Is it possible to fire an employee if he did not sign any document and did not go anywhere to be examined?
Yes, it is possible if the employer has documented everything correctly, with the participation of witnesses.
Question No. 4. How to avoid being fired for drunkenness if you are caught doing it?
Try to negotiate with the employer about dismissal on a different basis.
Question No. 5. Is it possible to draw up the necessary acts when an employee is intoxicated in free form?
Yes, it is possible, since there are no requirements for the preparation of these documents in the legislation. However, it must be borne in mind that any document must have mandatory details in the form of a name, date, place of execution, a statement of the essence of the issue in all details and signatures of the persons who compiled it and witnesses.
An employee appearing at work under the influence of alcohol or other intoxication may result in 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 to support the reduction.
Subparagraph “b” of the sixth paragraph of Article 81 of the Labor Code of the Russian Federation, edited in 2006, states that coming to work while drunk means that the employee is in such a state not only directly at his workplace, but also generally on the territory of the company or other facility , where he carried out instructions from management.
The intoxication itself - not a legal, but a medical term. Its signs may be, for example, redness of the skin of the face, changes in pulse, tremors of the hands, the presence of a clear odor of alcohol from the breath, and slurred speech. However, many of these can occur in a person with a high fever or as a result of taking medications. 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 resignation going to work drunk, as this is a serious offense leading to a violation of labor obligations. But the manager may not always lay off all employees who are in this condition.
Persons under the age of majority can be dismissed only after confirmation trade union body or a special commission dealing with the affairs of minors and protecting their rights. This is stated in Article No. 269 of the Labor Code.
An employer does not have the right to terminate a contract with a pregnant woman, even if she comes to work drunk. According to Article 261 of the Labor Code, a pregnant woman can be dismissed only in the event of liquidation of the enterprise.
It is also impossible to lay off 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.
The mere 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 can be applied to an employee only if he is intoxicated. An employee who was drunk on the territory of the enterprise cannot be fired if this happened during his non-working hours, for example, after the end of his 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 case where the employee refused a medical examination, since this refusal is recorded in it. The act also lists the signs by which intoxication was determined.
If an employee behaves inappropriately, fights and makes trouble, then it makes sense to call the police. Police officers can take him to a medical sobering station or to the nearest department. Then additional evidence will appear, which will be recorded in a special police report or in the form of a medical certificate from the sobering-up center.
Representatives of a trade union organization may be involved in checking the employee if he is a member of one. The called ambulance team can also record in writing the signs of poisoning with alcohol or other substances by issuing a certificate. But you should call the police or an ambulance only in special cases.
How to detect intoxication?
To draw up an act proving that a subordinate is drunk, the employer must convene a commission of at least three people. It may include the immediate head of the structural unit, a lawyer and a specialist responsible for safety and health.
Conducting a medical examination should not violate the law. Only specialists - narcologists or psychiatrists from narcological clinics or other medical institutions - can be invited for examination. You can't call the first doctor you come across. according to an advertisement in a newspaper, since he may not have the appropriate certificate and license for this type activities. All procedures must comply with the instructions.
Employee has the right to refuse passage medical check, you should not force him to do it against his will. But then a special act is drawn up confirming this refusal.
First required document- this is an act indicating that a person was drunk at the workplace. The form for drawing up the report can be arbitrary, but it must indicate the date, details of the employee and his position, the degree of intoxication, the period of suspension from work, and at the end the signatures of the manager and witnesses.
Another mandatory proof is a medical report signed by medical specialists. Also, the employee must give an explanation when he next appears at work, that is, write an explanatory note. All listed documents are transferred for storage to the HR department. The manager may request them for consideration in order to decide on the punishment of such an employee.
Procedure for placing an order
The first thing an employer must do if such a violation occurs at his enterprise is remove the offending employee from work. This is a mandatory requirement for the head of an organization. He may be held liable in the event of accidents caused by the presence of an intoxicated person at work.
For proper removal, a separate order should be issued, which can be signed by the head of the entire company or structural unit. Punishable with an order must be familiarized with signature. The time sheet calculates the number of hours worked before the employee was suspended. Also, a special note is made in the report card, meaning that with a certain number the employee was not allowed to work on the basis of current legislation, and his salary during this period was also not accrued.
If a final decision is made 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, and qualifications is also indicated; specific reasons for dismissal and a link to the article in the Labor Code of the Russian Federation must be specified.
The order is given a name, followed by a date and signature. 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. Severance pay not provided in this case.
Other types of employee punishment
Exist various options penalties that the employer may apply. This:
- Dismissal.
- Comment.
- Rebuke.
When choosing a sanction should be guided by how the employee was characterized throughout the entire period of work in the organization. If he showed himself well, others disciplinary sanctions he did not have it, then it is possible to agree on termination of the contract by mutual consent of the parties. An entry in the work book about dismissal under this article can have a very negative impact on your future career.
The employee may try to prove in court that the procedure was carried out illegally. If there is not sufficient evidence, then the employer is better off using more soft way punishment - reprimand or reprimand.
Drunkenness or being in a state of intoxication is a very serious disciplinary violation at work, for which punishment is provided. Even the one-time appearance of an employee drunk gives the manager the right to fire him. The entry must be made in the employee’s work book, which practically cancels out his career. But all this requires evidence such as a medical examination. An act is also drawn up, which records the condition of the subordinate. For this purpose, witnesses must be involved.
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 a shameful entry in an employee’s work book, 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!
Have you or your loved one fallen into the slavery of alcohol addiction? Do not despair! We know how to help you. The most effective treatment program in 28 days. We have been successfully saving lives since 1996. Call toll free number 8-800-200-99-32
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, things can go wrong the whole process. 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 in the performance of official duties? In most cases the probability full-fledged 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 intermediate results someone's work. There are also frequent equipment breakdowns, which are caused by inappropriate behavior and 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 latter situation is already a full-fledged trial, including under a 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: someone’s health or life is not too high 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:
- Information about a supposedly intoxicated employee should be sent to his immediate supervisor.
- A commission is created and an internal investigation begins.
- 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.
- A drunk employee may be required to write an explanatory note. If this happens, the document is attached to the act.
- 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.
- 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 “superior-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 a 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 difficulties. Perhaps a more than successful career will be interrupted. All of these potential negative consequences of drinking at work should, if possible, be assessed very carefully. And make the only right decision: there is work to be done - alcohol is prohibited.
Attention!
The information in the article is solely informational in nature and is not an instruction for use. Consult your healthcare provider.