Dismiss for drunkenness without medical examination. How to get fired for drunkenness

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.

How to fire an employee for drinking in the workplace

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 seen in a state of intoxication inappropriate work time, then you can limit yourself to a warning. 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 in a condition alcohol intoxication 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 the work book are made with reference 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 a medical examination can help resolve this issue.

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.

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 prevention of drunkenness in the workplace is propaganda healthy image life. 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.

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Hello! In this article we will talk about dismissing an employee for drunkenness.

Today you will learn:

1. What is the procedure for dismissal for drunkenness;
2. At what time can you not be fired for this;
3. How to record the fact of intoxication.

If an employee is intoxicated at his workplace, the manager has every right to fire him. Another thing is that this procedure has its own nuances, without which the dismissal will simply become illegal. Today we’ll talk about how to do everything right and avoid a negligent employee going to court.

Peculiarities

The issue of dismissal of minor employees caught drinking alcohol is resolved with the participation of the commission on juvenile affairs.

An employee who finds himself in a state of intoxication through no fault of his own is not subject to dismissal. An example of this is a situation where, due to a violation of safety rules, a person breathed toxic fumes and because of this fell into a state close to intoxication.

Registration of dismissal

If the manager decides to terminate the employment contract, a corresponding order must be issued. There is nothing complicated in its preparation; the main difficulty is to familiarize it with the signature of the employee who will be fired.

The order is entered into the personnel register.

After these procedures, the final calculation is made. They pay wages and vacation pay. At the same time, no money is accrued for the period while the employee was suspended from work. The amounts that were paid must be recorded in accounting documents.

On last stage make an entry in the work book and in the employee’s personal card.

This order is not final - it can be challenged in the courts.

How proportionate is the offense and the penalty?

Judicial authorities do not always consider dismissal to be a proportionate punishment for appearing at work while intoxicated. Therefore, the employer must not only take explanations from the employee, but also take into account what his behavior was before the offense, how he related to work in general, and only then make a decision.

Let's look at an example judicial practice for this situation.

Example. The court of the city of T. recognized that the dismissal of citizen O. from work for appearing drunk during working hours was illegal, since:

• Citizen O. worked at this enterprise for more than 10 years;
• Never violated labor discipline before;
• After 3 years, citizen O. must retire;
• None negative consequences O.’s behavior did not lead to this.

Thus, before dismissing an employee, assess the situation, make sure that all the conditions for dismissal are present, so as not to end up as a defendant in court. Be sure to consider the employee's characteristics when making a decision.

How to avoid being fired for drunkenness

It's far from easy to avoid this pleasant procedure can be done in two ways:

• Discuss the possibility of imposing another penalty at the employer’s discretion;
• Quit by at will.

Even in a case where intoxication is proven and confirmed, the employer may not allow dismissal under the article. For example, if a specialist has highly qualified and undertakes in writing not to drink alcohol, he may not be fired at all.

You can impose another penalty, for example, deprive of bonuses by a certain percentage.

Although the second option is the most suitable. In this case, the employer does not need to deal with paperwork, write acts, conduct examinations, and so on. Most often, an employee who expresses such a desire is met halfway and is not fired under the article.

How to challenge dismissal

If the dismissal took place and the employee does not consider himself to be at fault, he can challenge this decision in court within 1 month from the date of dismissal.

When going to court, the dismissed employee encloses copies of documents drawn up by the employer, as well as provide testimony from witnesses who will confirm that he is right.

The legality of the dismissal will be assessed by the court.

Conclusion

In conclusion of today’s conversation, I would like to give a few recommendations for both employees and employers: drinking 150-200 grams of alcohol during working hours is clearly not worth losing your job and ruining your reputation.

Drunkenness is a controversial and unpleasant reason for dismissing an employee. The fact of appearing at work while intoxicated will have to be proven. It is difficult to catch someone drinking alcohol and being intoxicated. Witnesses, medical certificates, evidence about the workplace, time, and other nuances will be required. It will not be possible to make this unpleasant procedure easier, because... It is illegal to force the offender to undergo a drug test.

Many managers prefer to solve the problem peacefully and quickly, offering to write a statement of their own free will. In cases where dismissal under an article for drunkenness is inevitable, the law requires full compliance with established standards. If controversial issues arise, the employee has the right to go to court by filing a claim for illegal dismissal. Violation of the requirements of the Labor Code serves as the basis for the employee’s reinstatement and payment of compensation.

According to the Labor Code of the Russian Federation, an employer can terminate contract of employment unilaterally in case of gross violation by the employee of his duties. The rules governing the right of a manager to dismiss under an article for drunkenness are enshrined in Art. 76 (clause 3), 81 part 1 (clause 6). Even a one-time trip to work drunk may result in dismissal.

The law considers intoxication not only alcohol intoxication. The basis for termination of an employment contract is a change in the psychological, behavioral functions of the employee caused by any toxic effects, incl. narcotic. The sanction is applied not for drinking alcohol during working hours, but for the fact of intoxication.

Dismissal is considered legal (clause “b”, paragraph 6 of Article 81) if during working hours the employee:

• showed up at his assigned workplace drunk;
• is drunk on the territory of the enterprise;
• in a state of intoxication began to work on a business trip or at a site where he was sent on behalf of the manager.

The state of intoxication is accompanied by a loss of real assessment of what is happening and various physiological and psychological disorders. Therefore, the Law provides for the right of a manager to terminate a contract with a drunkard in cases of disclosure of any secret (official, commercial), personal information about employees, or the danger of consequences of a safety violation.

The Labor Code established the rights of not only the employer, but also the employee.

In case of disagreement with the dismissal, the latter must apply to the court within one month after receiving the work book or order (Article 392).

What is considered a workplace and working time?

When starting to prepare an order, the manager must remember: dismissal under the article for drunkenness is closed career employee. Legal practice shows that dismissed employees in most cases go to court. Demanding the cancellation of the order, they are trying to prove their innocence. Inaccuracies in the execution of documents confirming the fact of violation of the Labor Code serve as the basis for an acquittal. Therefore, knowledge of the nuances proper preparation documents will help you avoid mistakes.

The key evidentiary issue is the issue of workplace and time. Dismissal under an article for drunkenness is possible only in one case - if intoxication was a consequence of drinking alcohol or drugs directly at the workplace assigned by the order. The concept is interpreted as follows:

1. The employee must be assigned space to perform labor responsibilities during established working hours. The stationary point is the machine, desk, greenhouse, cash register, store counter, other places.
2. A workplace is a vehicle, conveyor, or any other equipment for which a specific employee is responsible for ensuring the movement and operation of which: driver, dispatcher, operator, worker, etc.
3. The concept of enterprise territory means a designated place for a factory, office, warehouse, pharmacy, etc.
4. Area of ​​responsibility assigned to the employee: site railway tracks, forest land, roads, residential buildings, etc. Employees who inspect the territory: inspectors, foresters, controllers, and other employees can be dismissed under Article 81. It is necessary to have an approved instruction, report card or work order.
5. A workplace is considered to be any facility where an employee is sent on behalf of a manager, as well as a business trip.

The Labor Code obliges managers to set boundaries for working hours and lunch breaks. Recorded intoxication of an employee only during this period of time serves as the basis for an order for violation labor discipline followed by dismissal.

If the punishment follows for appearing drunk after work, the court will recognize the management’s decision as illegal.

What degree of intoxication can cause dismissal?

The fact of drinking cannot be a reason for dismissal alcoholic drinks. For this violation, you can be suspended from work or reprimanded. Only the state of intoxication of an employee recorded during working hours is considered a legal basis for drawing up an order. The first thing you need to do is prove your blood alcohol concentration.

Doctors examine the degree of intoxication. To diagnose the first stage, it is enough to detect 0.5 ppm.

Article 81 of the Labor Code of the Russian Federation does not apply to the following categories of citizens:

1. Minor workers. The issue of punishment is decided jointly with the commission on juvenile affairs.
2. Pregnant women. The punishment for violation of labor discipline in this case is explained by Art. 192 TK.
3. Employees who find themselves in a state of intoxication due to circumstances and through no fault of their own. For example, due to a violation of safety regulations, a state close to intoxication was caused by toxic fumes, evaporation of ether, solvents, and other substances.
4. Employees taking non-narcotic medications that cause symptoms of intoxication.

How is drunkenness detected?

The fact that the employee is intoxicated is recorded in a report. The document is addressed to the employer or head of the department in order to inform about the incident. The created commission is starting further measures.

First of all, an examination is carried out by a health worker. If the offender does not agree to undergo the procedure, the refusal is recorded in an act that reflects the following:

• Full name of the employee who violated labor obligations;
• name, details of the organization;
• time of sending for examination;
• time of refusal of examination;
• Full name and signatures of two witnesses confirming the fact of refusal;
• signature and position of the employee who drew up the act.

Objections are described in a separate explanatory note.

How to avoid being fired?

There are two ways to avoid an unpleasant procedure and its consequences:

1. Ask the manager for another punishment (deprivation of a bonus, benefits, reprimand, etc.). The decision is made by the employer, who may not dismiss under the article even if all supporting documents are available.
2. Resign at your own request. Usually the manager grants the request and signs the application.

Step-by-step dismissal

To comply with the law in the procedure for dismissal for drunkenness in the workplace, it is necessary to know the sequence of established legal rules and eliminate the possibility of error. Articles 193 and 81 of the Labor Code, comments to the articles describe established standards for disciplinary action. Two employees from other departments of the enterprise must confirm the suspicion. You will need assistance from the legal department and a representative from the occupational safety and health service.

1. Remove a drunk employee from work, referring to Art. 76 and 81 of the Labor Code of the Russian Federation. In case of untimely action, responsibility for the result of the behavior of the perpetrator rests with the employer (Article 81).
2. Draw up a report on the presence of a drunk employee at the workplace, describing the symptoms of intoxication.
3. Take an explanatory note written in the hand of the offender. The employee’s refusal is documented in a separate act.
4. Send for examination to a narcological clinic or call a special team of doctors with necessary equipment. The law prohibits emergency physicians from performing this procedure. Confirmation of the fact of intoxication must be carried out quickly, because Over time, ethanol is absorbed by the body. The tests may not show the presence of alcohol in the blood.
5. An explanatory note is drawn up by the employee in a sober state, but no later than two days after the incident. The 48-hour rule applies to an employee’s refusal to write an explanatory note, which is drawn up not at the time of refusal, but after the specified time has elapsed.
6. The prepared documents are submitted to the employer for issuing an order (form T−8). Three days are allocated for familiarization with the order and delivery of a copy. A separate clause stipulates all investigation documents under the “grounds” column.
7. All actions must be carried out within a month. After the expiration of the period, the order has no legal force.
8. Make a record of dismissal under the article for drunkenness in the work book.
9. On the day of dismissal, the employee must write an application for the issuance of a work book and all documents related to the case.
10. The accounting department makes the final calculation.

Payments and compensations

The Labor Code of the Russian Federation (Article 140) requires payment settlement funds upon dismissal of any employee. But the Law stipulates special conditions for persons dismissed under article (Article 181.1). This category of workers is not provided for compensation or other types of payments.

How to dispute?

The right to challenge the order of dismissal under the article for drunkenness is reserved to the employee by law (Article 392 of the Labor Code). The decision can be appealed in court by filing an application no later than one month after receiving the work book and the issued order. The documents received upon dismissal are attached to the claim.

The plaintiff has the right to provide witnesses on his part and documents confirming his innocence. After considering the case, the court will issue an objective conclusion.

Suspension from work

Properly executed removal from labor activity− one of the factors in the court’s recognition of the legality of the manager’s decision. Three nuances specified by the Labor Code require attention (Articles 76, 229).

1. Removal from duties is the first mandatory action of the employer.
2. For the category of employees who are allowed to work after communicating with a doctor, a medical examination is carried out before starting work.
3. In the event of an emergency, damage to the enterprise or injury, an employee is intoxicated and mandatory heading to the hospital.

Is it possible to fire an innocent person?

A drinking person is always at risk of receiving an offer from an unscrupulous employer to write a statement and leave of his own free will. The argument is the threat of dismissal for drunkenness. Usually, intimidation remains words that have no continuation. Managers are aware of the complexity of the issue, the paperwork, and the right of a person to go to court, which will reveal the deception.

If the dismissal order is nevertheless issued, it is worth starting the fight for reinstatement at work. By going to court, the applicant’s position will be supported by witness testimony and the absence of a medical report on intoxication. The trial of such situations ends with the employee’s reinstatement and a decision on compensation.

The manager is obliged to pay compensation in the amount of wages from the moment of dismissal. The applicant has the right to demand monetary compensation for vacation and moral damages.

Experienced lawyers argue that it is theoretically possible to fire an innocent person. But in practice, such cases end in ninety-nine cases out of a hundred with the victory of the employee who went to court.

Your Narcologist warns: If drunkenness in the workplace leads to negative consequences

Alcohol is a psychoactive substance that depresses the central nervous system. British professor and world-renowned neuropsychiatrist David Nuttom has compiled a scale of dangerous recreational drugs. He considers alcohol stronger than drugs. Therefore, a drunk employee is dangerous for the company and co-workers.

Inappropriate behavior can lead to an emergency situation. Violation of labor discipline requires investigation and action in accordance with the Law. The manager is responsible for the actions of an employee who works while intoxicated. Therefore, you should not create problems for yourself, troubles at work, or spoil your reputation.

Among the many reasons for dismissal is drunkenness, which is one of the most unpleasant and at the same time controversial. After all, to convict drunk it can be quite difficult in the workplace, the accusation needs to be confirmed medical certificate, while forcing someone to undergo an examination is illegal. The law stipulates dismissal under the article for drunkenness in:

« Employment contract May be terminated by the employer in the following cases:

1. the appearance of an employee at work (at his workplace or on the territory of an organization - employer or facility where, on behalf of the employer, the employee must perform a labor function) in a state of alcohol, narcotic or other toxic intoxication.”

The law protects the parties, both the employer and the employee. Therefore, when the right approach to the dismissal procedure you can get rid of drinking worker already from the first time he was at work in drunkenness. But the accused can also appeal the decision to dismiss him or even complain about slander that has damaged his reputation. This makes a competent legal approach to the case key to its positive resolution.

The right to dismissal: what the law says

You can fire a person for drunkenness only when drunk man seen in work time at your workplace, enterprise territory, office, or outside the workspace, but being sent somewhere for work duties, as well as on a business trip. If working hours are over according to the schedule, it will be difficult to prove that you drank strong drinks while working. This, of course, does not apply to irregular working hours.

In controversial issues, the court usually takes the employee’s side, so the employer needs to be especially careful in collecting documents and facts for dismissal for drunkenness.

By pp. "b" clause 6. part 1 art. 81 Labor Code of the Russian Federation(dismissal for drunkenness) it is impossible or difficult to fire certain categories of employees:

• minors (their dismissal must be agreed upon with the commission for persons under the age of majority, the labor inspectorate);
• pregnant women.
• who have reached a state of intoxication through no fault of their own (due to toxic substances, toxic fumes).

To be sure that a person used at work, you need medical report. In this case, unfounded accusations will be inappropriate and may even be considered slander. To easily understand whether the employee is drunk, need to know signs alcohol intoxication, including:

• the smell of alcohol;
• facial redness or paleness;
• difficulty coordinating movements;
• speech disorder;
• emancipation unusual for humans;
• trembling of hands, fingers;
• behavior inappropriate to the situation;

If you notice even several of the above symptoms at once, you still need to prove that they are caused by alcohol. After all, their cause can also be overwork, sunstroke, poisoning or by-effect from medications. Therefore, it is necessary to proceed to the procedure drawing up an act about the appearance of an employee intoxicated at work or drinking in the workplace and conduct a medical examination of this fact.

Procedure for dismissal for drunkenness

If an employee is caught in a state of insanity during working hours, the employer may begin the dismissal procedure subparagraph “b” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation “Termination of an employment contract at the initiative of the employer”. If an employee is caught drunk at work, first of all, you need to make sure that the drinking of alcoholic beverages occurred at a time when the person was scheduled to work. After all, if this took place in the office, utility room, etc. after work - there are no legal grounds to fire a person.

First, you need to record the fact of an employee appearing in a drunken state on paper. According to paragraph 42 of the Plenum Resolution Supreme Court RF dated March 17, 2004 No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation", not only a medical report, but also a well-drafted act, witness testimony can confirm this:

“The state of alcoholic or drug or other toxic intoxication can be confirmed both by a medical report and by other types of evidence, which must be assessed accordingly by the court.”

So, the algorithm of actions should be like this:

1. We collect witnesses to confirm the facts.
2. We draw up a report on the appearance of an employee in a drunken state.
3. We suggest that the employee undergo a medical examination to confirm intoxication.
4. If a person refuses to undergo medical procedures, under no circumstances should he be forced to do so. It would be correct to draw up an act of refusal to undergo a medical examination.

Without a medical certificate, you will not be able to immediately fire a person, but you will achieve his removal from work duties, and later you can get his dismissal in court.

We draw up the act correctly

An act of a person showing up at work while drunk can be initiated and drawn up by anyone official who has the authority to monitor compliance with labor discipline, that is, by the head of the department, the head of the company, and the personnel officer. There is no single strict form for this document; each organization can draw it up in its own way. But so that in the future the court does not have grounds to invalidate it, it is necessary to indicate the following data:

In order not to confuse intoxication with other human conditions, for example, after taking medicines or during illness, you need to rely on the criteria described in Appendix No. 6 to Order of the Ministry of Health of the Russian Federation dated July 14, 2003 No. 308 “On medical examination for intoxication.” If a person is really forced to use healing alcohol-containing tinctures, he must provide evidence.

It is also important to give the employee familiarize with the drawn up act and sign on the document. If he refuses to do this or is unable to do so, an appropriate note is made. Or the reason for refusing to undergo a medical examination, which the employee refers to, is recorded in another act, which is drawn up similarly to the first. In court, witness testimony can also serve as evidence.

Suspensions from work

Although the employer needs the article of dismissal for drunkenness in the workplace to dismiss a person according to the law, even in the first case when he was found drunk at work, he is not obliged to do this immediately. It often happens that management limits itself to warnings and reprimands, especially if the employee is valuable and difficult to replace.

But according to Art. 76 Labor Code of the Russian Federation Anyone in a state of alcoholic (or drug) intoxication must be immediately removed from work:

"The employer is obliged suspend from work(not allow to work) an employee: who appears at work in a state of alcohol, drug or other toxic intoxication;.”

If management ignores this norm, it will responsibility is assigned for all the consequences of inadequate performance by a drunken employee of his work duties. Suspension from work must be formalized by the head of the department where the person works, or by the head of the organization with the appropriate order or directive.

Dismissal as a disciplinary measure

Thanks to the preparation of reports on the employee’s appearance at work while intoxicated, a corresponding medical report and other evidence, it becomes possible to impose penalties on the employee disciplinary action. The procedure for its use is described in Art. 193 Labor Code of the Russian Federation. Let us briefly quote some norms:

• “Before imposing disciplinary action, the employer must request a written explanation from the employee.”
• “Disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.”
• “A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission.”
• “The employer’s order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance.”

It is also necessary to take into account the norm set out in Part 5 Art. 192 Labor Code of the Russian Federation, according to which, when imposing a disciplinary sanction, additional factors- severity of the offense, circumstances, result. Then they draw a conclusion and choose from possible measures penalties, including:

• rebuke;
• comment;
• dismissal for specific reasons.

If the offense did not have serious consequences, the person has not previously been convicted of drunkenness in the workplace, the manager may not fire him.

The form of the corresponding dismissal order may be different, depending on the organization’s document flow rules, which are approved by the manager. The employee must be familiarized with the order, after which a record of dismissal must be made. pp. “b” clause 6, part 1, art. 81 Labor Code of the Russian Federation in the work book, which should also be presented to the person being dismissed against signature.

Dismissal for drunkenness in the workplace is a serious blow to your work reputation for life. This is what serves common cause claims from employees dismissed for such misconduct with a demand to reinstate them or change the incriminating entry in the work book.

If you have difficulty dismissing an abusive employee or, conversely, you have become a victim of unfounded accusations, it is better to seek help from a qualified lawyer who has already encountered such cases.

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

Dismissal for alcohol intoxication is a logical reaction of any manager who has the right to immediately stop labor Relations with a subordinate, and give him a preliminary reprimand or reprimand. In any case, drunkenness is a serious reason for the offending employee to be suspended from work. job responsibilities on the day the offense was committed.

In general, the procedure for dismissal for drunkenness in the workplace is practically no different from the usual termination of an employment contract at the initiative of the employer, with the exception of some points: he must have Required documents, proving the guilt of the dismissed employee.

From a medical point of view, there are several degrees of intoxication: mild, moderate and severe, this is due to the percentage of alcohol in the blood:

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

Most often, the presence of more than 5% alcohol in the blood causes serious alcohol poisoning or even to whom, which poses a particular danger to the health of the employee himself and can lead to death. To prevent this, you need to immediately call an ambulance upon discovering an offense, and postpone the proceedings until a day when you can have a constructive conversation with the offending employee, and nothing will threaten his life. You can start drawing up a report on an employee being drunk in such a situation on the same day, because the most important thing is that it has the signatures of at least two witnesses.

Legal basis

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

• Art. 76 of the Labor Code of the Russian Federation, according to which the employer is obliged to suspend from work an employee who appears in a state of intoxication. This measure is mandatory, and the manager must apply it at the moment the misconduct is discovered.
• Art. 81 of the Labor Code of the Russian Federation directly indicates that a manager has every right to dismiss a subordinate if he comes to work drunk. Make preliminary reprimands or reprimands in in this case not necessary, because just one gross violation is enough for dismissal, even if the employee has not previously been subject to disciplinary punishment.
• Art. 192 of the Labor Code of the Russian Federation gives employers the right to apply any of the disciplinary sanctions (reprimand, reprimand or dismissal) against their subordinates who come to the organization drunk. Which one to choose depends directly on the wishes of management.

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

• Before dismissing an employee, the manager is obliged to request an explanatory note from him. If it was not provided within two days, then he draws up a corresponding act. Failure to submit an explanatory note is not grounds for suspending the procedure for terminating an employment contract.
• An employer may dismiss a subordinate no later than one month from the date the misconduct was discovered. The exception is when the employee is on vacation or sick leave - this time is not taken into account.
• Having issued an order to apply a disciplinary sanction, the manager is obliged to familiarize it with the signature of the employee in respect of whom it was drawn up within three days.

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

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

• First, the director must record the fact that the subordinate is drunk on the territory of the organization. For this purpose, an act is drawn up and signed by two witnesses. Memos and complaints from other employees may be included in the case.
• The manager issues an order to remove his employee from work, then demands an explanatory note from him.
• Next, a report is prepared in any form. It must reflect the grounds for dismissal and a direct description of the situation itself.

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

Step-by-step instruction

In order to correctly terminate an employment contract due to an employee appearing drunk in the organization, you need to do the following:

• Draw up a report confirming that the employee is intoxicated. This can be done either by the manager himself or by the person responsible for access to the site. After writing the act, it is necessary to obtain the signatures of two witnesses. It is advisable that they are not directly associated with the offending employee and work in another department or division. Witness testimony can also be recorded in a memorandum.
• After drawing up the act, the manager must demand an explanatory note from the subordinate, having previously issued an order requiring it to be provided within two days, and familiarizing the employee with it against signature.
• After receiving explanatory note the employer has a month to decide what disciplinary action apply to an employee: reprimand, severe reprimand or dismissal. If after two days the explanatory note has not been provided, then a corresponding act is created and certified by the signatures of two witnesses. It is worth noting that weekends and holidays are not taken into account, and if the culprit was unable to explain his misconduct in writing, this will in no way prevent his dismissal.
• Next, the employer draws up a report in any form, and it is supported by other documents: an act of appearing at work while intoxicated, an explanatory note from the employee himself, or an act on his refusal to provide written explanations.

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

• The manager draws up an order of dismissal for drunkenness, the sample of which is established by Resolution of the State Statistics Committee of January 5, 2004 No. 1 and is filled out in form T-8. If several people are subject to dismissal, then another form is used - T-8a.
• The issued order is recorded in the appropriate journal.
• An employee of the HR department signs a note-calculation in accordance with the Resolution of the State Statistics Committee dated January 5, 2004. No. 1 form.
• Directly on the day of dismissal, a full settlement is made with the employee: a salary is issued for the time worked, compensation for unused vacation and other payments provided labor legislation or a collective agreement.
• Information about dismissal is entered into the employee’s personal card, then it is certified by his signature and the signature of the HR department employee. If the dismissed person refuses to sign on the card, then a corresponding entry about this is made on it.
• The work book is filled out. The dismissed employee must sign it as well.

Dismissal under article for drunkenness: entry in the work book

As you know, correctly filling out documents has great importance, and any mistakes are not allowed here. To correctly draw up a work book, you should use simple instructions:

• Enter in the first column serial number records.
• Next, enter the date of dismissal: day, month and year in numbers.
• In the next column “Information about hiring ...” information is entered: the reason and a link to the article in the Labor Code of the Russian Federation. Example: “The employment contract was terminated at the initiative of the employer due to appearing at work while intoxicated, paragraphs. b clause 6 art. 81 Labor Code of the Russian Federation."
• After the reasons, in the next column “Name, date and number of the document...”, information about the document that is the basis for making these entries is indicated - the dismissal order.
• In conclusion, the head or employee of the HR department, after all the entries, puts the seal of the organization and his signature, then gives the book to the dismissed employee, who, in turn, also signs on the same sheets.

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

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