Drunkenness at work is a significant offense that allows the offender to be fired. This is due to the fact that the drunkenness of an employee can lead to serious Negative consequences in the form of accidents, damage to human health (in particular, industrial injuries), as well as their death. For example, intoxication of a bus driver can cause injury and death to many passengers. We will tell you in the article how dismissal for drunkenness occurs and what documents are drawn up.

To be fired for drunkenness, the violation does not have to be repeated. An employer may immediately dismiss an employee who has violated labor discipline in this way. However, the decision on a specific case is made individually. The employer may be limited to a less severe disciplinary sanction for the first time, depending on the degree of intoxication, the consequences of the violation and the behavior of the violator.

Time limits for bringing disciplinary action for drunkenness

Punishment for drunkenness at work can be done within 1 month from the moment the offense was discovered. This period does not include:

• period of temporary incapacity for work;
• employee leave;
• the time required to clarify the opinion of the Trade Union.

When you can and cannot fire someone for drunkenness

The corresponding disciplinary violation is recognized as such if the employee is intoxicated during working hours:

• at your workplace;
• on the territory of the enterprise;
• at another place of work by order of management (for example, a business trip).

It is not allowed to terminate employment relationships on the basis of such an article with the following employees:

• persons intoxicated by vapors of harmful substances at work;
• pregnant women;
• minors without the consent of the Trade Union, State Inspectorate Labor and Commission on Minors' Affairs;
• employees found drunk in work time(with a normalized schedule).

For example, if an organization has officially established a standard 40-hour work week with a 5-day shift (8 hours a day), then an employee going to work with a fume on Saturday cannot be considered a disciplinary offense. This is a day off as it is not a paid working day. The same goes for unpaid overtime(if an employee, for example, is forced to stay late in the evening without additional pay) or work on holidays.

Activating drunkenness at work

Regardless of what decision the employer makes regarding the punishment of the employee, in order to fix it, the necessary documents must be correctly completed. In addition, it is advisable to stock up on additional evidence in case there is a likelihood of a legal dispute on this matter.

Evidence in such disputes may also include testimony. Testimony from witnesses is heard in court and assessed along with written evidence. In order to reduce the risk of likely losing a case in the future, it is advisable to carry out all actions to detect the intoxication of an employee with the participation of witnesses.

List of documents drawn up when an employee is drunk:

Name	Mandatory registration	Employee participation in registration
Act on violation of labor discipline	Necessarily	Must sign for review within 3 days
Certificate of refusal to sign	Mandatory if the employee refused to sign the above act	Not required
Medical examination report	Mandatory if the employee agrees to undergo it	Personal completion of the examination procedure
Certificate of refusal to undergo examination	Mandatory if the employee does not agree with the need for the examination procedure	Not required
Time sheet with code NB	Necessarily	Not required
Written statements from witnesses	Mandatory if the employee does not agree with the actuation of his misconduct	Personal presence before witnesses
Explanatory note from the employee	Mandatory, but if the employee refuses to write it, then an act of refusal to provide written explanations with signatures of witnesses is needed.	Must write in your own hand

Evidence of employee intoxication

Only a specialized organization with a license for such activities can reliably confirm the fact of intoxication. Not suitable for these purposes:

• calling an ambulance;
• involvement of medical center personnel and other persons incompetent in this matter;
• drawing up a conclusion by the employer’s staff;
• contacting a narcologist who is not an employee of an authorized organization.

Most often, it is difficult to determine intoxication by sight or smell alone, much less its degree. This is especially difficult to establish in cases of drug or other toxic intoxication. In this case, the employee’s refusal to go to the Narcological Dispensary is a weighty argument in favor of the employer.

You cannot use force on an employee or otherwise force him to undergo a medical examination. This may entail liability under the law, since its forced implementation is illegal. When considering a dispute in court, all evidence is considered together. The burden of proving that an employee is intoxicated lies entirely with the employer.

Written explanations must be drawn up in person. Witnesses, if necessary, must confirm all facts in court.

Step-by-step registration instructions

If a case of drunkenness is detected at work, you need to take next steps:

No.	Action	What is it for?
Step 1	Request the employee to provide an explanation of the situation.	Find out whether signs of intoxication are related to health conditions, occupational factors or medications. In addition, an explanatory note is needed for a set of documents.
Step 2	Invite him to go medical examination.	To confirm intoxication.
Step 3	If the employee does not admit the fact of intoxication, then invite witnesses and draw up a report of disciplinary violation. Invite the employee to read the document and sign it.	To record a disciplinary violation.
Step 4	When an employee refuses to undergo a medical examination and sign the above act, register this with the signatures of all witnesses.	To collect evidence.
Step 4	Ensure that the employee is removed from work.	For security.
Step 5	Carry out a time sheet for this day in the form of NB.	To avoid paying for such time.
Step 6	Issue an order and familiarize the employee with it within 3 days.	To punish the employee and prevent such cases in the future.
Step 7	It is required to fill out a work book and give it to the employee based on the signature in the appropriate journal	To complete the dismissal procedure.

Order to terminate the employment contract

Such an order can be made without prior notice to the employee. Familiarization with it must be made within 3 days from the date of issue. If the employee refuses to sign the order in the “Acquainted” column, it is necessary to confirm this fact with the participation of witnesses.

Often the employee and the enterprise agree to terminate labor relations on another basis - agreement of the parties. This option is possible when the employee behaves appropriately and does not want to negative entry V work book. For the employer, such registration is beneficial in that after the termination of the employment relationship has been properly formalized by agreement of the parties, the employee will not be able to challenge the dismissal in court.

Controversial situations during dismissal

Unfortunately, under such circumstances, the matter quite often comes to trial. This is due to difficulties in finding employment with this wording of dismissal from the last job. Former employees usually base their position in court on the fact that they were not drunk.

In the absence of an examination carried out by an authorized organization and duly executed, confirming a sufficient degree of intoxication, such a case may have judicial prospects. The court's decision depends on the quality and completeness of the evidence presented by the employer. Judicial practice shows that judges often reinstate such former employees, award them wages for the period of forced absence, and even order them to compensate them for moral damages.

Brief examples from judicial practice:

Claim	Facts of the case	The court's decision
Change the wording in the work book for dismissal due to at will, as well as oblige the company to pay for the employee’s forced absence and compensate him for moral damages	The defendant did not give the plaintiff the opportunity to provide explanations regarding the controversial situation and could not prove the actual presence of intoxication.	The plaintiff's demands are fully satisfied
Reinstate at work and in position, pay for forced absence, and also seek compensation for moral damage	The employee referred to the fact that he used only valerian and Corvalol after the news of the death of a relative. The evidence presented by the employer regarding the fact of intoxication was found by the court to be insufficient, since NB was not indicated in the work time sheet, and the testimony of witnesses was contradictory.	The employee won the case

The emergence of controversial situations in such cases can only be prevented by correctly filling out all the documents. If there is indisputable evidence of the employer's intoxication, the employee is unlikely to sue and waste his time in vain.

Rating of the 5 most frequently asked questions:

Question No. 1. What blood alcohol level is considered sufficient for dismissal?

To be dismissed under this article, it is enough to exceed the level of 0.3 ppm. This is the upper limit of the stage of mild intoxication.

Question No. 2. What to do to avoid exceeding the maximum permissible norm alcohol in blood?

Do not drink a lot of alcohol before work, stop drinking it at least 12 hours before your shift. Alcohol is eliminated from the body faster when physical activity. You can also rinse the stomach with a solution of potassium permanganate and water.

Question No. 3. Is it possible to fire an employee if he did not sign any document and did not go anywhere to be examined?

Yes, it is possible if the employer has documented everything correctly, with the participation of witnesses.

Question No. 4. How to avoid being fired for drunkenness if you are caught doing it?

Try to negotiate with the employer about dismissal on a different basis.

Question No. 5. Is it possible to draw up the necessary acts when an employee is intoxicated in free form?

Yes, it is possible, since there are no requirements for the preparation of these documents in the legislation. However, it must be borne in mind that any document must have mandatory details in the form of a name, date, place of execution, a statement of the essence of the issue in all details and signatures of the persons who compiled it and witnesses.

Dismissal for showing up at work in a state alcohol intoxication

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

On this basis, according to the explanation given in the Resolution of the Plenum Supreme Court RF dated March 17, 2004 N 2 “On the application by courts Russian Federation of the Labor Code of the Russian Federation", employees who were in a state of alcohol, drug or other toxic intoxication during working hours at the place of performance of work duties may be dismissed. Dismissal on this basis may also follow when the employee was in such a state of disrepair during working hours workplace, but on the territory of this organization, or he was located on the territory of the facility, where, on behalf of the employer, he had to perform a labor function.

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

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

Note. Doctor's comment

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

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

Comment;

Rebuke;

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

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

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

1. Sober, no signs of alcohol consumption.

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

3. Alcohol intoxication.

4. Alcohol coma.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The smell of alcohol in the exhaled air;

Fumes from the mouth;

Impaired coordination of movements;

Instability of position (up to falling);

Unsteady gait;

Tremor (shaking) of fingers;

Irritability, aggressive behavior;

Lack of concentration;

Inappropriate reaction to words and actions;

Misunderstanding of questions;

Incoherent speech;

Scanned tone of speech;

Swearing and obscene language addressed to others.

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

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

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

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

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

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

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

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

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

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

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

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

What document is used to document removal from work?

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

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

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

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

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

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

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

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

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

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

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

Medical examination protocol;

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

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

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

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

Senior Lecturer

Department of Management

Moscow Institute of Tourism

and hospitality

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

E.Yu. Zabramnaya, lawyer, PhD n.

Punishment for drunkenness at work

How to record an employee appearing at work in a state of intoxication and bring him to disciplinary action

If an employee shows up to work drunk or gets drunk at work, this cannot be left to chance. Not only does he set a bad example for others, but he can also cause serious trouble: breaking equipment, injuring someone, or injuring himself. You need to react quickly, before the employee, firstly, has done something wrong, and secondly, has not sobered up. The Labor Code allows an employer to fire an employee even for appearing drunk at work once, because this is a gross violation of labor duties. th. Let's see how to do it correctly.

What is showing up to work while intoxicated?

You can be fired for appearing in a state of intoxication specifically At work, then eats b subp. “b” clause 6, part 1, art. 81 Labor Code of the Russian Federation;:

• <или>directly at your workplace;
• <или>on the territory of the organization;
• <или>at another facility where he works on behalf of the employer (for example, performs installation work with a counterparty, is on a business trip )Determination of the Perm Regional Court dated January 19, 2011 No. 33-454; Rulings of the Moscow Regional Court dated March 31, 2011 No. 33-7115, dated December 14, 2010 No. 33-24139.

We tell the manager

You can fire an employee for drunkenness only if he was caught doing it during HIS working hours on the employer’s premises I subp. “b” clause 6, part 1, art. 81 Labor Code of the Russian Federation; clause 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2.

Plus, dismissal can follow only for appearing in a state of intoxication during working hoursArt. 91 Labor Code of the Russian Federation. This should be working hours specifically for that employee, and not just company hours. For example, if he drank on company premises while on vacation, on leave, or on sick leave, then he cannot be fired I. The courts even recognize as illegal the dismissal of an employee who showed up in a state of intoxication 40 minutes before the start of his shift and was detained at a security checkpoint. m Determination of the Perm Regional Court dated July 15, 2010 No. 33-5883.

Attention

Fire for drunkenness is not allowed only pregnant women at Art. 261 Labor Code of the Russian Federation.

Drunkenness must be documented. The Labor Code does not explain how to do this. Meanwhile, the courts reinstate those fired for drunkenness precisely because the employer could not prove in court that the employee was drunk n Determination of the St. Petersburg City Court dated March 15, 2011 No. 33-3463/2011.

Let's look at how to proceed to make the dismissal flawless.

We detect intoxication

As practice shows, this sequence of actions is best.

STEP 1. The immediate supervisor of a drunk employee or any colleague informs the head of the company or another official, authorized to make decisions on personnel matters, about the appearance of an employee in a state of intoxication. For example, an employee who came to replace him at work after drinking could also report this.

The goal is to inform the company's management about what happened so that they can order an internal investigation.

STEP 2. The head of the company issues an order in any form to appoint a commission to conduct an internal investigation. It must record the personal composition of the commission tasked with conducting the official investigation (usually 3 people), and its powers.

The powers of the commission should include:

• identifying signs of intoxication in an employee;
• sending the employee for a medical examination;
• drawing up a report on his appearance in a state of intoxication;
• written request and receipt of written explanations from the employee;
• collection of testimony from other workers who witnessed the incident.

STEP 3. The commission sends the employee for a medical examination. In most cases, drunk workers refuse to undergo a medical examination. Unfortunately, it is impossible to force them to do this by law, because the Labor Code of the Russian Federation does not require workers to undergo a medical examination in this case.

If the employee agrees to a medical examination, he can be sent b clause 2 of the Temporary Instruction on the procedure for medical examination to establish the fact of alcohol consumption and intoxication, approved. Ministry of Health of the USSR 01.09.88 No. 06-14/33-14 (hereinafter referred to as the Temporary Instruction):

• <или>to a drug treatment clinic;
• <или>to any treatment and preventive institution where there is a psychiatrist-narcologist or a doctor of another specialty who has undergone special training(at the same time, a medical institution does not require any special license to conduct a medical drug examination, which is confirmed by the court s Determination of the Moscow Regional Court dated December 14, 2010 No. 33-24139).

We warn the manager

You cannot fire an employee for drunkenness if the medical examination report states:

• <или>“sober, no signs of alcohol consumption”;
• <или>“the fact of alcohol consumption was established, no signs of intoxication were identified”;
• <или>

Moreover, doctors can conduct medical examinations both directly in these institutions themselves, and on-site in specially equipped cars.

Please note that medical examination is a paid procedure. The Labor Code of the Russian Federation does not directly say who pays for it in such a situation - the employer or the employee. But it is logical that if an employee is sent for a medical examination by the employer and the employee later turns out to be sober, then the company pays for this procedure. You can try to take this amount into account in other expenses. X subp. 49 clause 1 art. 264 Tax Code of the Russian Federation. If the employee shows signs of intoxication, then the cost of the medical examination can be recovered from him as damage caused by the employer Yu Art. 238 Labor Code of the Russian Federation.

During the medical examination, the doctor will draw up a protocol according to form No. 155/ at approved Ministry of Health of the USSR 08.09.88 No. 694, which th pp. 4, 6, clause 14 of the Temporary Instructions:

• <или>will be handed over to the person who delivered the employee to the medical facility;

It is better to escort a drunk employee to a medical facility for examination. This needs to be done as quickly as possible. In some cases, signs of intoxication may disappear within a couple of hours after drinking alcohol.

• <или>If there is no accompanying person, it will be sent to your company by mail. The employee himself will not be given a protocol; he will only be informed of the result of the examination.

In the final part of the protocol, the doctor will indicate one of the following conditions: th clause 13 of the Temporary Instructions:

• <или>sober, no signs of alcohol consumption;
• <или>the fact of alcohol consumption was established, signs of intoxication were not identified;
• <или>alcohol intoxication;
• <или>alcoholic coma;
• <или>a state of intoxication caused by narcotic or other substances.

Showing up to work while under the influence of drugs can also result in dismissal. But if in some cases, if an employee refuses a medical examination, the employer can prove the employee’s alcohol intoxication in another way (by drawing up a report based on witness testimony), then in practice it is possible to fire someone for showing up at work in a state of drug intoxication only if there is a medical examination report. After all, only a specialist can accurately determine that this is drug intoxication;

• <или>sober, there are functional impairments that require removal from work with a source of increased danger for health reasons.

STEP 4. The commission draws up a report in any form about the employee appearing at work in a state of intoxication. The act must indicate:

• time and place of its compilation;
• f. And. O. and positions of commission members;
• signs that allowed the commission to come to the conclusion that the employee was intoxicated.

We warn the employee

If the employee believes that he is unfairly accused of drunkenness, then it is better for him to undergo a medical examination. After all, if he refuses this, then in court his refusal may be regarded as an indirect confirmation of drunkenness A Determination of the Nizhny Novgorod Regional Court dated August 24, 2010 No. 33-7465/2010.

These are the same signs that allow traffic police officers to assume that the driver is intoxicated (smell of alcohol on the breath, speech impairment, unsteady posture, change in color skin persons, behavior inappropriate to the situation )clause 3 of the Rules for examining a person who drives a vehicle for alcohol intoxication... approved. Decree of the Government of the Russian Federation dated June 26, 2008 No. 475.

The commission should not just record these features in the act, but try to describe them in as much detail as possible.

Let us give an example of drawing up such an act.

Report of appearing at work while intoxicated

Moscow

Compilation time: 10 hours 5 minutes

Based on Order No. 37-k dated 08/09/2011, a commission consisting of:
Chairman of the Commission Ivashchenko G.P. - accountant,
commission members:
Glebova K.D. - recruitment manager;
Zaikina V.D. - head of the office

has drawn up this act on the following:

August 9, 2011 Head of Marketing Service V.S. Prokopovich reported the appearance at 9:45 a.m. of the marketing service manager Alexander Sergeevich Peshkov in a state of alcoholic intoxication at his workplace.

Having checked this information, the commission, as of 10:50 a.m. on August 9, 2011, established that Peshkov had A.S. signs of intoxication.

The commission found Peshkov A.S. reclining on his desk. After this, the commission stated that A.S. Peshkov’s gait was unsteady, unsteady, coordination of movements when walking is impaired, there is a strong smell of alcohol from the breath and redness of the skin of the face and neck.

The commission suggested Peshkov A.S. give written explanations for appearing at work while intoxicated. Peshkov A.S. verbally explained his condition by saying that he had celebrated a friend’s birthday all night the night before from 08/08/2011 to 08/09/2011. At the same time, Peshkov A.S. swore obscenely at the members of the commission and tried to throw a heavy object (a flower pot) at them.

Peshkov A.S. sent for medical examination to a drug treatment clinic on 08/09/2011.

From undergoing a medical examination Peshkov A.S. refused:

I have become familiar with this act on 08/09/2011:

A.S. Peshkov

Refused to familiarize himself with the act against signature:

The employee is given 2 working days to provide written explanations regarding the fact of appearing at work while intoxicated. As a rule, they are calculated from the date following the day of their request (that is, the day the act was drawn up )Art. 193 Labor Code of the Russian Federation. Therefore, draw up an act of failure to provide explanations not immediately after the employee refuses to give them, but after 2 days.

Removing a drunkard from work

Simultaneously with the determination of the employee’s intoxication, it is necessary to prepare an order signed by the head of the organization to remove this employee from work s Art. 76 Labor Code of the Russian Federation.

An order for suspension from work can be issued arbitrarily, for example like this.

Limited Liability Company "Prestige"

Order on suspension from work No. 40-k

Moscow

In connection with the appearance of the marketing service manager Alexander Sergeevich Peshkov at work while intoxicated

I ORDER:
dismiss the marketing service manager A.S. Peshkov. from work to sobering up.

Base:
Report on the appearance of an employee at work in a state of intoxication dated 08/09/2011, b/n.

The employee must be familiarized with the order of suspension from work in the presence of witnesses. If he refuses to familiarize himself with the order against signature, draw up a report about this in any form with the participation of witnesses. Or, in order not to produce a lot of paperwork, instead of drawing up a separate act, you can make a record of the employee’s refusal to familiarize himself with the order directly on this order itself.

We reflect the removal in personnel documentation

We warn the manager

Supervisor MUST remove a drunk employee from work s Art. 76 Labor Code of the Russian Federation.

If the behavior of a drunk employee leads to:

• <или>to serious harm to health (himself or another employee);
• <или>to the death of a person

then the manager may be held criminally liable And Art. 143 of the Criminal Code of the Russian Federation.

The period of suspension from work “for drunkenness” is not paid and is not included in the vacation period. I Art. 121, art. 76 Labor Code of the Russian Federation. Reflect this period:

• in the work time sheet, putting down the letter code “NB” or the numeric code “35” (“Suspension from work (preclusion from work) for reasons provided for by law, without accrual of wages”);
• in section X of the employee’s personal card according to form No. T- 2 (indicate that the employee was suspended from work due to appearing at work while intoxicated during such and such a period).

Punishing a drunkard

So, you have all the documents confirming that the employee appeared drunk at work. The manager only has to choose a disciplinary sanction (reprimand, reprimand or dismissal), and you need to prepare the appropriate order. In this case, it is necessary to take into account the severity of the offense committed, the circumstances under which it was committed, the previous behavior of the employee and his attitude towards work. at Art. 192 Labor Code of the Russian Federation; clause 53 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2. And if the employee is good and has committed a disciplinary offense for the first time in for a long time job in the company, then perhaps you shouldn’t fire him right away. Moreover, he can be reinstated e Determination of the St. Petersburg City Court dated August 31, 2009 No. 11614. Also, if there is not enough evidence of the employee’s intoxication, it is better to limit yourself to milder sanctions than dismissal (a reprimand or reprimand).

We warn the manager

If the dismissed employee will then be reinstated by the court, then the company will have to pay him the average salary for the entire period of forced absence, and perhaps also compensate for moral damage d Art. 234, Art. 237 Labor Code of the Russian Federation.

The order to announce a reprimand or reprimand is drawn up in any form, and the order to dismiss - according to the unified form No. T- 8approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. In the column of the order “Base (document, number, date)” you must refer to all documents drawn up during the official investigation. Do not forget that an order to bring an employee to disciplinary liability must be issued within a month from the day following the day the employee’s misconduct was discovered A Art. 193 Labor Code of the Russian Federation.

The following entry is made in the work book about the dismissal of an employee.

On the day of dismissal, pay the employee for wages and unused vacation days, and also issue him a work book. at Art. 84.1, Art. 127, art. 140 Labor Code of the Russian Federation. The employee does not need to pay any severance pay O Art. 178 Labor Code of the Russian Federation.

Of course, the best proof of an employee’s intoxication is a doctor’s conclusion based on the results of a medical examination. However, it is not always possible to obtain it, because many workers refuse to undergo such a medical examination. Therefore, sometimes it makes sense to resort to “external help”. So, if a drunk employee behaves aggressively (boisterous), call the police. If he is unwell, it is better to call an ambulance.

In the case where a drunk employee behaves quietly, but you are sure that you no longer need such an employee, then it may be easier to negotiate with him about dismissal by agreement of the parties. n Art. 78 Labor Code of the Russian Federation.

An enterprise has the right to dismiss an employee who appears at his workplace in a state of intoxication, as well as for drinking alcoholic beverages during his shift. Labor legislation allows dismissal for drunkenness for a one-time offense. But it is important that the procedure is carried out in accordance with the rules and regulations, and the fact that the employee is in a state of alcohol, drug or any other intoxication is confirmed by relevant evidence. An employer should be prepared that an employee dismissed under such wording will want to challenge it in court.

Since dismissal due to drunkenness of an employee is, in fact, dismissal under the article, that is, for violation of labor discipline at the initiative of the employer, the procedure for dismissal must be in accordance with the procedure for disciplinary dismissal. It is important to make sure that the violator of discipline is intoxicated not due to taking the medications he needs (after all, as you know, some medications may have side effects, including temporary clouding of consciousness and psyche). And also not due to the performance of direct labor functions (toxic intoxication due to gas vapors, or other work situations).

How does one get fired for drunkenness?

A fairly common case in production is when an employee arrives for his shift either already drunk or still drunk. In addition, frequent feasts at lunchtime are not the best way contribute to maintaining labor discipline. Whether the fault is the mentality left over from post-Soviet times, or the availability of alcoholic beverages, but dismissal for drunkenness is far from a rare occurrence in every enterprise.

Another thing, of course, is that the employer himself does not want to destroy future fate of his employee, and invites him to leave on his own, without scandals, and an article in the labor report, which could cross out all his future career. Sometimes the reason for an employee appearing in a state of intoxication may be the above-mentioned medications, or other circumstances that are in no way related to the employee’s guilty actions. Therefore, before dismissing someone for drunkenness, you first need to figure out whether this is the case.

Law and arbitrage practice They agree that it is the employer who must prove the employee’s guilt upon dismissal under the article. Partly, and in order to avoid the abuse of such formulations as “drunkenness”, “truancy”, etc.

Documentary evidence of the employee’s guilt

If the employer does not want to meet the employee halfway, and the parties have not reached a mutual agreement, the end of the employment relationship under the article is inevitable. But before issuing an order to terminate an employment contract with an employee, you need to collect the necessary documents and materials that will be indisputable evidence of his being in a state of intoxication during his working hours.

The procedure for dismissal for drunkenness requires the following materials:

• an act of violation of labor discipline and an employee appearing drunk at the workplace;
• medical confirmation of the employee’s physical and mental condition.

These are perhaps the most important documents, which must be drawn up and attached to the personal file of the dismissed person, even before the fact of dismissal. And if everything is clear with the act, then most often, disputes arise precisely over the medical examination. Private clinics and organizations do not always issue such a certificate, and those that do issue them may not have sufficient authority to conduct an examination. Moreover, the employee has the right to disagree with the results medical research, and appeal them. Or, choose a medical facility yourself where he wants to undergo a sobriety test.

Proof that a specialist is drunk is the conclusion of a qualified narcologist, and not any therapist. Moreover, such a doctor must have a license to practice. Only if all these nuances are observed, you can be fired for drunkenness, with an entry in the employment record. But we should not forget about the right of any person to refuse a medical examination by a narcologist. His refusal must be recorded in writing, also in the form of an act.

It is a good idea to ask the employee for a written explanation of his behavior when he sobers up. Since dismissal due to drunkenness is a disciplinary sanction, it is the responsibility of the enterprise to demand an explanation from the employee in this case.

Features of the dismissal procedure

Legislation provides only general idea on how to properly fire an employee for drinking. At the same time, only the employer’s right to do this is spelled out, but how, and the process of dismissal itself, unfortunately, legislative norms do not contain. Therefore, one should adhere to the analogy of the law when terminating an employment contract with an employee.

You should also pay attention Special attention, that it is impossible to dismiss an employee according to this wording if he:

In all of these cases, the article dismissal for drunkenness is not applicable.

Registration of dismissal

Dismissal is formalized by issuing an order in a single approved form. The order should make reference to the drawn up report and medical examination of the presence of alcohol in the employee’s blood, as well as other medical notes made by a narcologist. In addition, it must be indicated that the employee was drunk during his working day, while he was performing his job duties as provided for under the contract concluded with him.

p>You should also determine what entry is made in the work book when you are fired for drunkenness. The same entry must be indicated in the dismissal order itself. All marks both in the order and in the labor report must fully comply with the wording specified in the Labor Code. The entry in the employment record must contain information that the employment contract was terminated with the employee at the initiative of the employer due to the employee appearing at work in a state of alcoholic intoxication, in accordance with paragraphs. b clause 6 part 1 art. 81 Labor Code of the Russian Federation. Indication of the paragraph or subparagraph of the article is also mandatory.

A special feature of terminating an employment contract in this situation is that there is no need to obtain written permission from the trade union body of the organization where the employee works.

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

Grounds for dismissal

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

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

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

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

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

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

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

• comment;
• rebuke;

Recording the fact of intoxication

If an employee is found drunk at work, this fact must be correctly recorded, which in the future can be evidence and grounds for dismissal under the article. To do this, follow the following sequence of actions:

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

Sequence of dismissal

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

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

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

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

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

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

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

Medical examination

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

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

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

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

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

The order of the MO procedure:

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

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

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