The procedure for the dismissal of an employee for appearing in a state of intoxication at the workplace. Dismissal for drunkenness - procedure and features of the procedure

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 work book shameful record, 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 feelings, there is a certain dose of ethanol in the blood, which poisons the body in full swing, dulls reactions, and 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 the simplest example 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 unpleasant consequences 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 observed.

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 from company to company, but 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 fault of the employee is confirmed, then the funds spent will most likely be later deducted from wages or charged 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 simply terrible health, in the most severe cases, death can even occur. It is necessary to apply such treatment with full awareness of the consequences of an alcohol breakdown. But such therapy is a good reason to build relationships with the employer. 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? Difficulties with finding a new job, 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.

Among the many reasons for dismissal is drunkenness, which is one of the most unpleasant and at the same time controversial. After all, to convict drunk in the workplace it can be quite difficult, you need to confirm the charge medical certificate, while forcibly compelling to undergo an examination is illegal. In the law, dismissal under the article for drunkenness is spelled out in:

"The employment contract can be terminated employer in the following cases:

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

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

The right to dismissal: what the law says

A person can be fired for drunkenness only when drunk person seen in working time at his workplace, the territory of the enterprise, office, or outside the working space, but being sent somewhere on work duties, as well as on a business trip. If, according to the schedule, working time is over, it will be difficult to prove that they drank strong drinks during work. This, of course, does not apply to irregular working hours.

In controversial issues, the court usually takes the side of the employee, so the employer needs to carefully collect documents and facts for dismissal for drunkenness.

By pp. "b" p. 6. Part 1 of Art. 81 of the Labor Code of the Russian Federation(dismissal for drunkenness) it is impossible or difficult to dismiss some categories of workers:

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

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

  • the smell of alcohol;
  • redness of the face or blanching;
  • difficult coordination of movements;
  • speech disorder;
  • emancipation unusual for a person;
  • trembling of hands, fingers;
  • behavior that is inappropriate for the situation;

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

Procedure for dismissal for drunkenness

Finding an employee in an insane state during working hours, the employer may proceed with the dismissal procedure for subparagraph "b" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation "Cancellation employment contract at the initiative of the employer. If an employee was caught drunk at the workplace, first of all, you need to make sure that the drinking of alcoholic beverages occurred at a time when the person was working according to the schedule. After all, if this took place in the office, utility room, etc. after work - there are no legal grounds to fire a person.


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

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

So, the algorithm of actions should be like this:

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

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

Correctly draw up an act

An act on the appearance of a person at work in a state of intoxication can be initiated and drawn up by any official who has the authority to monitor compliance with labor discipline, that is, both the head of the department, and the head of the company, and the personnel officer. There is no single strict form of this document; each organization can draw it up in its own way. But so that in the future the court has no reason to invalidate it, be sure to indicate the following data:

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

It is also important to give the employee familiarize with the drawn up act and sign on the document. If he refuses to do this or is not able to do this, a corresponding mark is made. Or the reason for refusing to undergo a medical examination, to which the employee refers, is recorded in another act, which is drawn up similarly to the first. The testimony of witnesses can also serve as evidence in court.

Suspensions from work

Although the article of dismissal for drunkenness at the workplace is necessary for the employer to dismiss a person according to the law, even on the first occasion when he was found drunk at work, he is not obliged to do it right away. It often happens that management is limited to warnings, reprimands, especially if the employee is valuable and difficult to replace.


But according to Art. 76 Labor Code of the Russian Federation who is in a state of alcoholic (as well as narcotic) intoxication must be immediately removed from work:

"The employer must suspend from work(not to allow to work) an employee: who appeared at work in a state of alcoholic, narcotic or other toxic intoxication;

If management ignores this rule, it will responsible for all the consequences of inadequate performance by a drunk worker of his labor duties. Suspension from work must be issued by the head of the department where the person works, or by the head of the organization by an appropriate order or order.

Dismissal as a measure of disciplinary action

Thanks to the preparation of acts on the appearance of an employee at work in a state of intoxication, the corresponding medical report and other evidence, it becomes possible to impose on the employee disciplinary action . Its use is described in Art. 193 Labor Code of the Russian Federation. Let me quote some of the rules:

  • “Before applying a disciplinary sanction, the employer must request a written explanation from the employee.”
  • “The disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, he was on vacation, as well as the time required to take into account the opinion of the representative body of employees.”
  • “A disciplinary sanction cannot be applied later than six months from the date of the misconduct, and based on the results of an audit, audit of financial and economic activities or audit- later than two years from the date of its commission.
  • “The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against signature within three working days from the date of its issuance.”

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

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

If the misconduct did not have serious consequences, before the person was convicted of drunkenness at the workplace, the manager may not fire him.

The form of the corresponding dismissal order may be different, depending on the organization's document flow rules, they are approved by the head. You need to familiarize the employee with the order, and then make a record of dismissal by pp. "b" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation in the work book, with which also to acquaint the dismissed person against signature.


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

If you are having difficulty firing an abusive employee or, conversely, you are the victim of unfounded accusations, it is best to seek the help of a qualified lawyer who has already dealt with such cases.

Drunkenness in the workplace is punishable by dismissal. The employer has the right to dismiss the employee after one violation (clause 6 of article 81 of the Labor Code of the Russian Federation). The appearance of a drunk worker among machines and mechanisms is a direct threat to the life and health of not only the violator himself, but also the entire team and the technological process. Such an employee is threatened with dismissal for drunkenness. The step-by-step procedure includes several steps.

When can a drunkenness investigation be held?

Appearance at work in a state of intoxication is considered a gross violation of labor discipline. It is enough to come to work drunk once, so that this time will be the first and last. The fate of the employee in such cases is decided by the manager, since Labor Code leaves the employer with the final decision.

The head chooses the measure of punishment based on the specific situation, the personal characteristics of the offender and the fact whether it was possible to fix, as required by the rules, the fact of the violation. If for some reason the employer did not have time to document the misconduct, it is better not to dismiss the employee.

It is necessary to start official proceedings only if the violation occurred at work. This means:

  1. The violator was exactly at the workplace (checkpoint, shop area, etc.)
  2. The perpetrator was drunk while on duty. These are the working hours of the employee himself, and not just the entire organization.
  3. A violation recorded at the workplace on the day of day off, vacation, sick leave is not considered committed at work.

If it is confirmed that there is an employee at work in a state of intoxication, this should be documented.

How to fix the state of intoxication correctly

Dismissal for drunkenness in the workplace must be issued in accordance with all the rules. For a biased approach to the application of the most stringent disciplinary measure, the employer may be held accountable, and the dismissed person may be reinstated.

In order to correctly qualify the violation, the employer must, in the course of an internal investigation, obtain confirmation of the state of intoxication by a medical examination or other evidence. By law, you cannot force an employee to undergo a medical examination. If the examination is refused, an act must be drawn up, which in the future, if the dismissed person goes to court, will become an additional argument in favor of the employer.

Interesting Facts

You need to know that not all employees can be fired for drunkenness or drug use. Some categories of workers have benefits in this matter as well. In particular, according to Article 269 of the Labor Code, it is possible to dismiss a worker under 18 years of age for such actions only with the consent of the guardianship authority or the Labor Inspectorate. It is possible to fire a pregnant employee, but only if there is evidence of her intoxication, and not the use of alcohol-containing medicines.

The actions of the employer are only legal if he reasonably states the state of the employee as being drunk, admitted at work and not the result of a deterioration in health (for example, increased pressure, medication, etc.). If the requirements of the law are taken into account during the internal investigation, then, based on its results, the employee may be punished accordingly. In the event of further proceedings, the court will not be able to convict the employer of illegal actions and cancel the dismissal order.

Step-by-step procedure for filing a dismissal

If the employer intends to apply the most severe measure to the violator of labor discipline and dismiss him for drinking at the workplace (clause 6, part 1, article 81 of the Labor Code of the Russian Federation), he must act in accordance with the procedure established by the legislator (Article 193 of the Labor Code of the Russian Federation).

Step 1. The immediate supervisor of the violator informs the superior employee about the alleged condition of the employee.

Step 2. By order of the head, a commission of 3 people is appointed to conduct an internal investigation.

If the commission finds outward signs of intoxication in an employee, he is asked to undergo a medical examination. If the employee refuses to pass, the refusal is recorded with the help of an act signed by members of the commission and witnesses from among the employees.

In practice, a drunk worker is limited to only drinking alcohol in the workplace. But sometimes in such a state, thefts in the organization or insulting other employees of the company can be committed.

In such a situation, the presence of insults will be recorded in the act, which can become a justification not only for dismissal, but also for bringing to administrative responsibility under Article 5.61 of the Code of Administrative Offenses of the Russian Federation.

If there was a theft of property, then criminal punishment under Article 158 of the Criminal Code of the Russian Federation will also be applied. An organization can file a claim for criminal prosecution and damages no later than one year.

Step 3. The employee is suspended from work, he is given 2 days to give a written explanation. Suspension from work is carried out by order. The employee must put his signature on familiarization with the order. If he refuses to do this, without drawing up an additional act of refusal, right on the order, make the necessary note and put the signatures of two witnesses.

Step 4. An act is drawn up in any form about being at work in a state of intoxication. The act reflects:

  • time and place of compilation;
  • personal data of commission members;
  • signs, according to which a conclusion was made about the state of alcoholic intoxication: the smell of alcohol, speech disorders, instability of posture, reddening of the face, agitated state, inadequate behavior.

Members of the commission must, as carefully as possible, indicate in the act all the signs that took place at the time the act was drawn up.

If after the time prescribed by law (2 days) there is no written explanation of the misconduct, an act is also drawn up.

When all the evidence confirming the fact of being drunk at the workplace is collected, the question of how to dismiss an employee for alcohol intoxication can be considered resolved: the employer has the right to issue an order to dismiss the violator. As a rule, the manager takes this extreme measure, unless there are extenuating circumstances. They can be, for example, the following:

  • the employee has never had a penalty;
  • has been with the organization for a long time;
  • there were no serious consequences for production caused by misconduct.

Some facts

The permissible amount of alcohol in the blood may also be available when taking medications or certain foods, for example, kvass, kefir or whey. In fact, a small amount of ppm in the blood can justify the need to be removed from work only in case of poor health, but will not be a reason for dismissal and a refund of the money spent on the examination.

Considering all the factors, the employer may limit himself to reprimanding. In any case, an order is drawn up no later than one month from the date of discovery of the misconduct.

An order to impose a disciplinary sanction in the form of a reprimand is drawn up in any form. The order of dismissal - in the form of T-8.

An entry must be made in the work book of the employee indicating the reason for the dismissal and a reference to the article of the Labor Code of the Russian Federation. The dismissal order is recorded in the register of orders. After the order is issued, no later than 3 days from the date of its writing, the dismissed art. 193 of the Labor Code of the Russian Federation).

Full settlement with the employee is made on the day of dismissal. He is paid a salary for the time actually worked, vacation compensation, if required.

Conclusion

The dismissal of an employee in a state of intoxication must be executed in the manner prescribed by law. As a rule, an employee fired under such a reputation-staining article will look for the slightest inaccuracy in the actions of the employer in order to prove the illegality of the dismissal and cancel the article.

If the court declares the dismissal illegal, the employer will have to pay wages for the entire time of forced absenteeism, compensate for non-pecuniary damage, and change the basis for dismissal.

If the medical examination was done at the enterprise, methods and methods of examination permitted by the Ministry of Health and Social Development of the Russian Federation should be used. Otherwise, the court does not recognize the issued conclusion as evidence and may recognize the dismissal as illegal with all the ensuing consequences.

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Dismissal under the article for drunkenness is a procedure, albeit a dreary one, requiring the preparation of many documents, but necessary. This is a guarantee that a drinker will no longer be able to work for you. Yes, and other employers will warn against his employment. But you need to formalize the state of “dizziness” correctly, because the judge did not see what happened with his own eyes, which means that he may not believe you if the sober one in the morning grabs his head and demands reinstatement at work.

Legal grounds for dismissal for drunkenness

If the culprit is caught drunk at work, even if for the first time, he is threatened with dismissal under the article. The Labor Code directly allowed to part with such workers under Article 81.

Attention!

The decision of the Plenum of the Supreme Court of March 17, 2004 indicates that intoxication, both alcoholic and other types, must be approved by the employer . And confirmation can be not only a medical certificate, but also other documents that the court will evaluate.

Although the article allows dismissal for drunkenness at the workplace, it does not comment on the procedure and the documentary component, but at the same time there is judicial practice from which you can draw good grounds for dismissal.

Where to begin

The personnel officer must somehow find out about the insanity of the employee. About this he can
inform, for example, the head of the department or workshop where the culprit works. That's why the first document will be:

  • or a memorandum;
  • or an act of insane state of the employee.

Most personnel officers think that the only proof of intoxication is only a medical report. But You have no right to force anyone to undergo an examination procedure! What then to do in case of refusal?

In the above-mentioned Resolution of the Plenum of the Armed Forces, it is not without reason that the norm is fixed that not only a medical certificate can serve as evidence of intoxication, but also other documents. Other documents include.

Now you need to draw up an act specifically for the employee. You can borrow the sheet.

Attention!

Nuance: before starting the execution of all documents, make sure that the culprit is not on vacation, not on time off, not on sick leave, but at his workplace is seen drunk. And exactly at the time when, according to the schedule, he is obliged to work.

If you have a memorandum in your hands, then the act is drawn up on its basis. At the same time, having received a report, you immediately print out the form of the act and go to draw it up at the “crime scene”.

Keep in mind that when drawing up the act, you must indicate all the signs of intoxication that the culprit has. Such signs, according to the norm of the order of the Ministry of Health of July 14, 2003, can be:

  • alcoholic ambre from the mouth;
  • instability of postures;
  • speech disorder;
  • tremor (trembling) of the hands or fingers;
  • red spots on the face;
  • alcometer readings.

The deed must also include:

  • exact time (up to minutes) and date of drawing up the act;
  • place (building, department, office);
  • Full name and position of the author of the act;
  • Name and position of those present at the compilation (2-3 people are enough);
  • signatures.

It may also happen that the employee did not drink vodka, as it seemed to you, but alcohol-containing medicines. But he himself must prove this - show the prescription, for example, medical recommendations and a vial of medicine.

Suspension from work


When the act is drawn up, by order or order of the director on the basis of this act, the employee must be removed
. This requirement is directly contained in Article 76 of the Labor Code. After all, being in an insane state, the culprit can do such things, for which the director himself will bear responsibility.

The order of suspension, although not necessarily attached to the acts, but will serve as additional proof that the employer is always on the side of the law!

Sample order.

We demand an explanation

During three days from the moment the act is drawn up, explanations must be obtained from the culprit. Perhaps the director will meet the delinquent if he considers the offense not so serious. Especially, being fired for drinking at work is the right of the boss, but not the obligation.

We give the notice to the employee under an autograph. Be sure to indicate that an explanatory note about the reasons for intoxication should lie on the director's desk in a maximum of two days.

Attention!

Together with the delivery of the notice, familiarize the culprit with both the act and the order of removal! He does not want to get acquainted - draw up an act of refusal.

We impose a penalty

If the explanations did not satisfy the director, we prepare an order on discipline. unified form no, so you can use .

We will definitely introduce the perpetrator with the order within three days.. As soon as the order is ready, you have a month under Article 193 of the Labor Code to prepare a dismissal order, while sick leave or vacation are not included in this period.

We dismiss and issue labor

On the basis of a disciplinary order, we are preparing an order T-8. After all these actions, you need to capture the dismissal under the article for drunkenness with an entry in the work book. You need to write strictly according to the text of the TC. . We acquaint you with the order and with the entry in the dismissed worker and issue a book against signature.

On this, such a procedure as dismissal under the article for drunkenness ends.