What an article for drinking in the workplace. Step by step design instructions. Medical examination and act of violation

Dismissal for appearing at work in a state alcohol intoxication

The current legislation currently provides for several grounds for termination employment contract at the initiative of the employer; All of them are enshrined in Art. 81 Labor Code(TC) RF. One of these grounds is provided for in paragraphs. "b" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, termination of an employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration at the initiative of the employer in the event that an employee appears at work in a state of alcoholic, narcotic or other toxic intoxication.

On this basis, according to the explanation given in the Resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2 "On the application by the courts Russian Federation of the Labor Code of the Russian Federation", employees who were in working time in the place of performance of labor duties in a state of alcoholic, narcotic or other toxic intoxication. Dismissal on this basis may also follow when the employee during working hours was in such a state not at his workplace, but on the territory of this organization, or he was on the territory of the facility where, on behalf of the employer, he had to perform a labor function.

The Labor Code (LC) of the Russian Federation classifies the state of alcoholic, narcotic or other toxic intoxication as a single gross violation of labor duties.

Therefore, the employer must find out if there is any fault in the actions of the employee, i.e. voluntarily bringing oneself into a state of alcoholic, narcotic or toxic intoxication (as opposed to taking drugs containing narcotic substances as prescribed by a doctor; from alcoholic, narcotic or toxic intoxication associated with a violation of the technological process; from taking the listed substances by mistake).

Note. Medic Commentary

Conventionally, three degrees of alcohol intoxication are distinguished: light alcohol intoxication, intoxication medium degree and severe alcohol intoxication. The content of alcohol in the blood with mild intoxication, as a rule, is 0.5 - 1.50 / 00, with moderate intoxication - 1.5 - 2.50 / 00, with severe - 2.5 - 30 / 00. With an increase in the alcohol content in the blood to 3 - 50/00, severe poisoning develops with a possible fatal outcome. More high concentration blood alcohol is considered fatal.

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

Comment;

Rebuke;

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

In pp. "b" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation introduced the concept of "state of intoxication".

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

1. Sober, no signs of alcohol consumption.

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

3. Alcohol intoxication.

4. Alcoholic coma.

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

6. Sober, there are violations functional state requiring suspension from work with a source of increased danger for health reasons.

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

Under single gross violation work duties, for which the employee can be applied last resort disciplinary responsibility - dismissal under paragraphs. "b" paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, - only the conditions specified above in positions 3 - 5 are subject. Other conditions associated with the use of alcohol and not falling under the concept of "alcohol intoxication" can be qualified as disciplinary offenses and entail the application of such disciplinary sanctions as a remark and reprimand, including repeatedly.

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

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

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

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

Medical examination should be carried out in specialized rooms narcological dispensaries psychiatrists-narcologists and doctors of other specialties who have been trained both directly in institutions and on-site in vehicles specially equipped for this purpose. Some ambulances in which examinations are carried out are mobile medical laboratory, separate substations "Ambulance medical care"have special licenses for this species medical services, and the instruments used for research are certified. When conducting laboratory research only methods and devices approved by the Ministry of Health and Social Development of Russia should be used.

non-compliance given condition revokes medical opinion legal force. When judicial trial the court finds it inadmissible and will not consider it as evidence. However, by a court decision, the medical worker who conducted the examination may act as a witness on behalf of the employer.

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

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

The doctor (paramedic) who performs the examination draws up a medical examination protocol in the prescribed form in two copies. Having completed the protocol, the doctor (paramedic) offers the subject to make a detailed record of familiarization with the results of the examination.

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

An employee's refusal to undergo a medical examination is documented in medical records and signed by those who refused to be examined, and medical worker. Subsequently, this extract from the medical records can be used by the employer.

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

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

The legislation does not establish who is authorized to draw up an act on the appearance of an employee at work in a state of intoxication. Since control over compliance with labor discipline, as a rule, is assigned to personnel officers, it is they who constitute such an act. It is recommended to include a leader in the commission structural unit the organization that reports to the violating employee, an occupational health and safety specialist, and a lawyer. You can include other officials.

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

The smell of alcohol in the exhaled air;

Fume from the mouth;

Violation of coordination of movements;

Instability of position (up to the fall);

staggering gait;

Tremor (trembling) of the fingers;

Irritability, aggressive behavior;

Lack of concentration;

Inadequate reaction to words and actions;

Misunderstanding of questions;

incoherent speech;

Scanned tone of speech;

Swearing and obscene language against others.

An act that states the appearance of an employee at work in a state of intoxication is drawn up on the same day, and presented for review the next day. The employee must be familiarized with the act on receipt, and also invited to submit his explanations. However, sometimes the following entry appears in the act: "It was not possible to familiarize the employee with the act due to the employee's misunderstanding of the appeals addressed to him."

An employee who appears at work in a state of alcoholic intoxication must be asked for explanations in writing. The demand for explanations can be made both at the time the employee is found in a state of intoxication, and after that. If the employee refuses to give explanations, it is necessary to draw up a commission act (at least three people) on the refusal to give explanations.

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

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

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

The decision of the employer to remove the employee from work (prevention from work) is formalized by order of the head of the organization.

The order lists the circumstances that served as the grounds for the dismissal of the employee, as well as documents that confirm the existence of these grounds, and the period for which the employee is suspended from work must also be indicated. In the order, in addition, it is advisable to give an order to the accounting department to suspend accrual wages for the suspension period. This order is subject to approval by the head of the legal department or the lawyer of the enterprise and the chief accountant. The employee must be familiarized with the order against receipt; in case of refusal to sign, an appropriate act is drawn up.

How long is a worker suspended for showing up at work in a state of intoxication? Part 2 of Art. 76 of the Labor Code of the Russian Federation establishes that the employer suspends (does not allow to work) the employee for the entire period of time until the circumstances that were the basis for suspension from work or exclusion from work are eliminated.

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

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

Do not make mistakes, do not "get into the position" of an employee by suspending him for one day. Health legislation operates with such a concept as the severity of intoxication. Alcohol intoxication of average and mild degree does not require special therapy, and sobering up, indeed, can be said the next day. As for the severe degree of intoxication, subject to medical intervention, the duration of treatment is 2 days.

Only after the medical procedures the employee after 2 days will be able to fully manage their actions. When it comes to alcohol abuse harmful effects for health), chronic alcoholism, then it will take from 10 to 25 days to treat and remove from the state of intoxication. With narcotic or toxic intoxication it is even more difficult. Therefore, try to still get a medical report, which will indicate the period after which the level of alcohol, narcotic and psychotropic substances in the blood will drop to the established norm.

What document is used to formalize the suspension from work?

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

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

What to put in the timesheet for an employee suspended from work due to alcohol intoxication? If the suspension from work occurred at the beginning of the working day, even before the time sheet was filled out, then on the basis of the suspension order, the time sheet must be marked "NB" (suspension from work / exclusion from work without pay) and zero hours worked. If the employee was suspended after the “turnout” was put in the report card, then in the column of hours worked, it is necessary to put as many hours as the employee actually worked before the suspension.

Since efficiency is important in this matter, care should be taken to "adjust" the scheme and system of interaction between linear structural divisions with the personnel department and management even at the stage of development and introduction of general local regulations into organizations.

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

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

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

In practice, often, in order not to create problems for the employee with subsequent employment, they take a letter of resignation from him on own will and dismissed for the appropriate reason. However, it is necessary to keep all documents confirming the fact that the employee was in a state of intoxication at the workplace, even after his dismissal of his own free will. This will be quite reliable "insurance" in the event that a dismissed employee files a lawsuit in court for reinstatement, since the letter of resignation was written under pressure, and the dismissal was due to the nitpicking of management.

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

The act of the appearance of an employee at the workplace in a state of intoxication (Appendix N 1);

Memorandum addressed to the head of the company with a description of the disciplinary offense and the resolution "Dismiss" (Appendix N 2);

Protocol of medical examination;

Order (instruction) on the removal of an employee from work (Appendix N 3);

Explanatory note of the employee or an act of refusal to give explanations (Appendix N 4).

After the order is issued (Appendix N 5), an entry is made in the dismissal register (Appendix N 6) and a work book is filled in, in which an entry must be made with reference to paragraphs. "b" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation (Appendix N 7).

Statistics. Absenteeism for heavy drinkers ranges from 35 to 75 working days a year. According to the American telephone company Bell, absenteeism among immoderate drinkers 5 times more common than non-drinkers. Every year, the French industry through the fault of "alcoholic" diseases loses 8 million working days. There are over 2 million sick industrial workers in the US chronic alcoholism. Temporary disability from injuries, "alcoholic" diseases, as well as exacerbations chronic diseases associated with alcohol consumption in the United States is about 30 million days a year. 40% British companies consider alcohol abuse one of the main reasons for the systematic absence of workers from the workplace. According to the Occupational Health and Safety Inspectorate, 14 million workdays are missed every year in the UK due to drunkenness.

Senior Lecturer

departments of management

Moscow Institute of Tourism

and hospitality

"HR officer. Personnel office work", 2008, N 3

The current legislation allows the dismissal of an employee for being at work in a state of intoxication (clause "b", clause 6, part 1, article 81 of the Labor Code of the Russian Federation). Even if this is the first violation, and before that, the employee was not brought to disciplinary responsibility.

Dismissal for drunkenness is one of the few grounds for labor disputes, in which the courts quite often take the side of the employer. But only if the law was applied correctly and all the necessary formalities were observed.

We qualify correctly

An employee who was in such a state during working hours at his workplace, at another part of the enterprise, or at the facility where he was supposed to perform the assigned task can be dismissed for being in a state of intoxication.

Intoxication can be confirmed by a medical report or other evidence.

Therefore, for the correct qualification of the misconduct, you need to confirm the totality of the following circumstances:

  • worker's state of intoxication
  • being in such a state during working hours
  • the presence of a drunk employee on the territory of the employer or at the place of performance of the assigned work

In the absence of at least one of these signs, the dismissal will be illegal.

We comply with 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. Ask the employee for a written explanation. If, after two working days, the employee has not provided an explanatory note, draw up an act of arbitrary form about this.

You can publish later than a month from the day the misconduct was discovered, not counting the time the employee was sick or on vacation. Please note that the law prohibits the dismissal of an employee at the initiative of the administration during his illness or vacation.

Arbitrage practice

CASE 1

P. filed a lawsuit to declare the dismissal illegal and to reinstate him 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 responsibility.

AT court session it was established that the employer drew up an act on the appearance of P. 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 in a state of intoxication. Honey. examination was not 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.

By the decision of the court, the claims of the employee were satisfied.

CASE 2

M. was fired for appearing at work in a state of intoxication. He did not agree with the dismissal and filed a lawsuit. In the application, he indicated that he was on leave that day for family reasons. The master called him and asked him to come to work to hand over the keys. Since M. was not going to appear at work, he drank a glass of beer in the morning, but he was not drunk. At the exit from the enterprise, the guards stopped him and drew up an act of being in a state of intoxication.

During the consideration of the case in court, M.'s testimony was confirmed. He really was on leave without pay and came to the plant at the request of the master. In the explanatory note, the employee also pointed out these circumstances. The act of finding M. in a state of intoxication was drawn up in his absence, according to the guards.

The court reinstated the employee, recognizing the dismissal as illegal. The employer did not prove that M. was drunk. In addition, the plaintiff was at the enterprise during non-working hours for him.

People almost always appeal against dismissal for drunkenness - no one wants to have such an entry in the work book. Therefore, immediately draw up all the documents as you would prepare them for the court.

Make sure the employee was intoxicated during work hours. A common mistake of many employers: security detains an employee at the entrance who came to work in advance, but with signs of intoxication. They draw up an act, and the employee leaves home. And his working time has not yet come, i.e. on the territory of the enterprise, this person was not in a state of intoxication during working hours. And you can't fire him for it.

A similar situation: an employee stayed late at work and gets drunk already. And in court then he will claim that he drank after the end of working hours. If the employer fails to prove otherwise, the dismissal is declared 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, offer him to go to a medical institution for examination. If the employee refuses to be examined, draw up an act of refusal, in court it will serve as an additional argument in your favor.

When drawing up an act on the employee being in a state of intoxication, indicate in detail on what grounds the employees who drew up the act came to this conclusion. Be aware that in the event of a dismissal dispute, these employees will most likely be subpoenaed as witnesses.

A drunk worker negatively affects the production process. In addition, in many professions, alcohol intoxication creates increased danger for those around you. Therefore, the question of the adequate condition of employees should worry every employer.

Getting fired for drinking at work - article

The current Labor Code of the Russian Federation classifies the drinking of alcoholic beverages at the workplace as a gross violation. labor discipline for which the guilty person may be dismissed. Also, such actions are related to simply appearing in a state of intoxication at the workplace or on the territory of the enterprise. Moreover, dismissal is possible even with a single fixation of these circumstances.

Dismissal for drinking - step by step instructions

So that in the future the employer does not have problems with an employee fired for drinking, it is necessary to ensure the correct dismissal procedure.

Suspension from work

Officials of the employer, when an employee appears with signs of intoxication, are obliged to take measures to remove him from work. To do this, a memo from the head of the structural unit is submitted to the name of the head, which contains information that the employee is in a state of intoxication. The head is obliged to immediately issue an order to remove him from work and take measures to prevent the citizen from being executed. official duties. If suspension does not follow, then for all Negative consequences the work of a drunken worker, responsibility will be borne by his supervisor. The employee must be familiar with the suspension order, and at his request, he must be given a copy of the document.

Drawing up an act of violation

Further, it is necessary to document the fact that the employee was in a state of intoxication. For this, a special act on violation of labor discipline or an act on being in a state of intoxication is drawn up. uniform form this document no, therefore, the employer can issue it arbitrarily, but taking into account the necessary information. The act must contain:

  • Name of company;
  • Place, date and time of compilation;
  • Data of the employee in respect of which it is drawn up: full name, position, structural unit;
  • Description of signs of intoxication: the smell of alcohol from the mouth, incoherent speech, inappropriate behavior, etc.;
  • Description of the circumstances in which the violation was discovered (for example, while at the workplace);
  • Time of suspension from work with reference to the order number;
  • Time of referral for medical examination;
  • Information about witnesses;
  • Signatures of all persons present at the drawing up of the act.

The employee in respect of whom the act is drawn up has the right to give written explanations, which must be attached to the document. If the citizen refuses to sign the act, then it is necessary to reflect this fact in it by means of an appropriate entry and signatures of witnesses. The act is drawn up in two copies, one is transferred to the employee, the second - to the employer.

Medical examination

To confirm the state of intoxication, the employee must be sent for a medical examination. Such an examination can only medical institution licensed for such activity. The employer is only required to deliver the employee to a medical facility and issue a referral for examination. According to its results, an official conclusion is made, which contains information about the presence of alcohol in the body and its amount, and the degree of intoxication is also determined.

Important: the employee has the right to refuse a medical examination, this must be reflected in the act. In this case, dismissal for drunkenness at the workplace is possible on the basis of this document only.

Getting an explanatory

Another mandatory document for a drunk is his explanatory note. Her employee must write immediately after appearing at the workplace after sobering up. In it, he must state his opinion on the circumstances of the violation of labor discipline committed by him. An explanatory note is also needed if the employee has already given written explanations when drawing up the act and his removal from work. The explanatory note is attached to the act and is used in further consideration of the issue of applying a disciplinary sanction to the employee.

Drafting a dismissal order

When all the documents on the violation are collected, the manager must decide on the application of punishment to the employee for a gross violation of labor discipline. Upon dismissal, an order to this effect must be issued within one month from the date of receipt of the last explanatory note. It must indicate the basis - dismissal for being intoxicated at the workplace. Also, the document should contain references to the act and the medical report, if any. The employee with the order must be familiarized with the signature within three days from the date of publication. If he refuses to do so, an appropriate act is drawn up.

Making an entry in the workbook

After the order, the employer can only make an entry about the dismissal in the work book of the employee. Here it is necessary to ensure the accuracy of the wording, since dismissal under the article for drunkenness significantly affects the career of an employee. First of all, the frequency of detection of violations of labor discipline is indicated: single or multiple. In the latter case, the employer must have the documents discussed above for each case at the disposal of the employer. Legislation also allows you to dismiss for drunkenness and the first such violation.

Upon dismissal, it is necessary to pay all the amounts due to the employee: salary for hours worked, compensation for unused vacation etc. In this regard, the termination labor relations no different from . But such an employee may not be paid incentive payments, such as a bonus,.

Advice: it is better for a person who is threatened with dismissal for drunkenness to write a statement of his own free will before the issuance of an order for dismissal under the article. In this case, the work book will contain an entry on the termination of the employment contract at the initiative of the employee, which will not scare away other employers.

Frequently asked Questions

Labor legislation is quite complicated, so the situation of dismissal for drinking raises many questions among both employers and employees. As statistics show, such requests are almost more popular than requests for .

Who can't be fired for being intoxicated at work?

The state of alcoholic intoxication in the performance of official duties is one of the most serious violations. However, there are situations when an employee cannot be fired. According to the requirements of the law, it is not allowed to dismiss a pregnant woman, including if she is in a state of intoxication. In this situation, the employer must draw up the entire package of documents on the fact of the drunken state of the employee, carry out her suspension from work, but dismissal is not allowed.

It is impossible to dismiss an employee who was in such a state due to a violation of the production process as a result of an accident for alcohol intoxication. In this case, the employee is not at fault, since the drunken state is caused by alcohol vapor poisoning (and here we are talking about harming the employee’s health, and not about violating labor discipline).

What degree of intoxication can lead to dismissal?

The current legislation does not contain requirements for the degree of intoxication at which an employee can be fired. Therefore, the application of such punishment lies entirely with the employer, and he independently decides in what situations it is possible to dismiss an employee who appeared at work in a state of intoxication. Accordingly, dismissal is also possible with mild intoxication (if there are sufficient signs of it). This circumstance should be taken into account by those employees who come to work "after yesterday." Most often they keep individual signs intoxication: hand trembling, the smell of alcohol from the mouth, redness of the skin. Moreover, when sent for a medical examination, an examination can show the presence of alcohol in the body. Therefore, in such situations, and come to your senses, which will avoid trouble with the employer.

Is it possible to challenge dismissal for drunkenness at work?

Getting fired for drinking is enough unpleasant procedure for the employee, since the appearance of such an article in the work book often makes further employment difficult. But if there are sufficient grounds to believe that such a dismissal was unlawful, the employee has the right to go to court with a request to cancel the entry in the labor and recognize the dismissal as illegal. It should be borne in mind that you can apply to the court only within one month from the date of issue of the work book.

The basis for the cancellation of such a dismissal may be the provision by the employee of evidence that he was not intoxicated. In practice, only a medical report is recognized as such evidence. In addition, dismissal may be declared illegal if the employer fails to comply with the procedure for registering the fact of intoxication at the workplace. Errors or the absence of any document lead to the fact that the court recognizes the dismissal as illegal and reinstates the employee in his position.

Another reason for canceling a dismissal for drinking is a pass by the employer month term subject to disciplinary action. Since dismissal in this case is a disciplinary sanction, it is necessary to make a decision on it within one month from the date of fixing this fact. In all other cases, it is quite problematic to challenge the dismissal under the article for drunkenness. And in judicial practice there are almost no decisions in favor of the employee for reasons other than those listed above.

Can I be fired for drinking without a medical examination?

Dismissal for being at the workplace in a state of intoxication is also possible without medical confirmation of such a state, an appropriate act is sufficient (but provided that the employee was offered to undergo such an examination, and he refused it in front of witnesses). If there was no such proposal, then dismissal only if there is an act is not allowed. In this case, the employee must indicate in the act and in the explanatory note that he asks to be sent to undergo medical expertise. If the employer refuses to do this, further dismissal and the application of other measures of disciplinary action against the employee are not allowed.

Unfortunately, drinking alcohol in the workplace or showing up to work while intoxicated is not uncommon. The employer has the right to dismiss such an employee, but only by correctly filling out all the necessary papers.

Dismissal for alcohol intoxication is a disciplinary sanction, which is provided for by Art. 81 of the Labor Code of the Russian Federation. But the fact of misconduct must be recorded correctly, and all documents must also be drawn up correctly. Otherwise, such an employee may sue for wrongful dismissal.
If personnel and medical documents are drawn up incorrectly, the court recognizes the fact that the dismissal did not occur in accordance with the Labor Code of the Russian Federation. After that, the employee is subject to reinstatement in the same position. The employer must pay him wages for forced absenteeism, and in some cases, also compensate for non-pecuniary damage.

In pp. 6 p. 6 art. 81 of the Labor Code of the Russian Federation states that the employer has the right to dismiss an employee for a single appearance at the workplace in a state of intoxication. But there is a limitation - dismissal for drunkenness in the workplace.

That is, if the employee has already appeared at work in inadequate condition(that is, he drank before the start of the working day) or was seen with a bottle after the shift, then this does not threaten him. The only thing is that if he comes to work in this form, he is threatened with removal from his labor functions and a reprimand. If he is noticed after the shift in such a state, and in the morning he comes to work normal, then the employer does not have the right to apply sanctions to him.

But if an employee drank alcohol (both before the start of the working day, and after it) on the territory of the employer, this may be the reason for the employer to initiate an internal investigation. Such actions of an employee are a violation of the labor and work process, and can lead to unpleasant consequences with other employees.

However, not all employees can be fired for such a violation. There are certain categories that have "immunity":

  • underage worker. Even if he is drunk and there is a medical report, he can be fired only after receiving written permission from the guardianship authorities or from the labor inspectorate;
  • dismissing a pregnant woman on such a basis is possible, but difficult. It is necessary to prove that she was drunk, and did not take alcohol-containing medicines that the attending physician prescribed for her.

Article of the Labor Code of the Russian Federation for dismissal for drunkenness

Dismissal for drunkenness is provided for in Art. 81 of the Labor Code of the Russian Federation. But in order for the employee not to sue, it is necessary to observe all the nuances of such a process.

To do this, it is necessary to correctly identify exactly alcohol intoxication. Violation of speech and coordination of movement can cause stress in a person or signs of an incipient illness. Therefore, it is worth paying attention to other symptoms that are inherent in alcohol intoxication. It:

  • aggressive behavior;
  • skin reddened on the face;
  • pupil dilation;
  • the employee carries verbal nonsense;
  • he had hallucinations;
  • appropriate odor from the mouth.

If the employee has these signs, then doctors can be called to fix the fact. Available only medical report on the state of the employee, you can continue the procedure for applying a disciplinary sanction to him in the form of dismissal.

Now we need to get the paperwork right. For this you need:

  • write a report. This is done by the person who found the employee in such a state. The note is drawn up in the name of the head of the structural unit or in the name of the director. The purpose of such a note is to inform management about a violation of labor discipline. The form of the document is free, but must be written;
  • management reviews this memo and decides to investigate this case. For this, a special commission is being assembled. But first you need to issue an order on the convocation and composition of the commission. Its members must be at least 3 employees, it does not have to be management positions. It can be absolutely any employees of the enterprise;
  • the commission does not make a decision on this employee, it only records the fact that he was at the workplace in a state of intoxication. To do this, an act is drawn up, which describes in detail:
    • present characteristics alcohol intoxication - smell, impaired coordination, etc.;
    • the actions he takes;
    • other signs that may indicate that he is drunk.
  • need to call the doctors. Only they can reliably confirm the state of intoxication. In this case, you must obtain the written consent of the employee to undergo a medical examination. If he refuses the procedure, it is necessary to draw up an appropriate act. If the employee agrees, then the arrival of doctors or transportation of the employee to the medical facility, as well as carrying out all necessary medical manipulations carried out at the expense of the employer. If intoxication is not confirmed, then the employer does not have the right to demand compensation from the employee for these expenses. Call ambulance It is impossible, since carrying out such a procedure is not part of their responsibility. Important! Permissible value alcohol in the blood is 0.16 ppm. This value may be due to the fact that the employee uses medications containing alcohol or, corny, drank kvass or kefir. If the alcohol content in the blood exceeds this indicator, then the doctors draw up a protocol in the prescribed form 155 / y;
  • after that, the employee must take a written explanation of the fact that happened. You need to do this after it becomes normal. In a state of intoxication, he is unlikely to give intelligible explanations. The employee has the right to refuse to give written explanations. Then you need to make another act. If he writes an explanatory note, then it is filed with the act of fixing intoxication, which was drawn up by the relevant commission;
  • now all documents are transferred to the company's management for further investigation and decision on the problem.

A director or other person authorized to make relevant decisions may take the following actions:

  • fire the employee. This happens if drunkenness is systematic;
  • apply other disciplinary action. As a rule, if an employee is highly qualified and responsible, and the state of alcoholic intoxication is noticed behind him for the first time, the management manages to reprimand.

If it was decided to dismiss the offending employee, then an appropriate order must be drawn up. The text of the document lists all the signs and evidence found. You must indicate the full name of the supporting document and put the date of its execution. The order must be made known to the employee. He must sign it. If he refuses to do this, then you need to draw up an appropriate act, which will be signed by the head of the dismissed employee and two witnesses.

On the last working day, the dismissed employee receives all his documents, as well as a full calculation, which includes:

  • wages for actually worked days from the beginning of the month to the day of dismissal;
  • compensation for unused vacation;
  • severance pay is not supposed, since the basis for dismissal is the guilty actions of the employee.

He should receive:

  • his work book, which will indicate that he was dismissed on the basis of paragraphs. 6 p. 6 art. 81 of the Labor Code of the Russian Federation;
  • certificate in the form 4-FSS;
  • certificate in the form 2-NDFL.

As practice shows, with such a wording in the work book, it is almost impossible to get a good and paid job again. Therefore, if there is such an opportunity, you need to try to persuade the boss to quit by agreement of the parties or on their own initiative. As a rule, if an employee worked well and had no complaints, employers meet halfway and terminate the contract not “under the article”. The presence of such a wording is a “wolf ticket” for paid work.

If an employee performs the labor functions of a driver at an enterprise, then he is also threatened with dismissal for drunkenness while driving. The procedure for terminating an employment relationship is exactly the same as for drunkenness at the workplace, but here the evidence will be the protocol of the traffic police inspector, a medical examination and a court decision to deprive such a driver of a special right - that is, the right to dismiss a vehicle. And since his labor duties are directly related precisely to the management of the vehicle, then carry out his labor activity He will no longer be in this position.

The basis for issuing a dismissal order will be a court decision to deprive this employee driving license for a certain period. The driver must be familiarized with this order against signature. If he does not sign the order, then an appropriate act must be drawn up. On the last working day, the dismissed employee receives the calculation and all documents in his hands.

If there is an opportunity to negotiate with the employer, it is better to use it and try to quit not “under the article”, but of your own free will or by agreement of the parties.

This is the best way out of this situation, especially if the driver did not have such complaints before and was not a participant in such incidents. After the return of the rights, it will still be possible to get a job as a driver again.

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

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Slightly drunk worker: the core of the problem

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

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

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

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

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

Drunk employee: a nuisance or a real threat?

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

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

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

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

What steps can an employer take?

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

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

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

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

Medical examination and act of violation

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

The procedure may vary various enterprises, but in in general terms comes down to this:

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

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

Legislative reservations

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

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

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

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

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

How to improve relations with the employer?

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

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

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

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

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

Attention!

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

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