The emergence of an employee in the workplace in a state of alcoholic, narcotic or other toxic intoxication is an unconditional basis for dismissal (sub. "B" of paragraph 6 of Part 1 of Art. 81 of the Labor Code of the Russian Federation). However, such a dismissal should be issued correctly. Otherwise, the employee will have the opportunity to recover at work and even get compensation for forced rushing.

Under the base indicated in sub. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation, employees fall on, which appeared in a drunken state at their workplace in working time Either on the territory of an employer organization or an object, where, on behalf of the employer, an employee should have done a labor function. In accordance with paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On application by the courts Russian Federation Labor Code The Russian Federation "for this basis, employees who were in working hours at the site of work responsibilities (for example, on a business trip in another city) can be dismissed (for example, on a business trip. It does not matter whether the employee removed from work due to the specified state.

Rules Termination of the employment contract

Terminate labor contract with an employee on sub. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation - in the case of a single gross violation by an employee of employment responsibilities, namely the appearance of it at work in a state of alcoholic, narcotic or other toxic intoxication - can only be compliance with certain conditions. Namely, the employer should have irrefutable evidence that the worker was drunk at work.

The first thing to be done is to remove the employee from work, as prescribed by Art. 76 TK RF. The head of the structural unit, where the guilty employee works, publishes on this reason the corresponding order (order).

Then the fact of the appearance of an employee at work drunk must be fixed documented.

The drunken state of the employee or a narcotic or toxic intoxication can be confirmed by a medical conclusion, an act, an order to remove from work, testimony. From these documents should be clear which signs the drunken state of the employee is determined. That is, these documents must contain the information characteristics of a person being able to alcoholic intoxication. This may be the smell of alcohol in exhaled air, disruption of coordination of movements, instability, staggering gait, incoherent speech, aggressive behavior, face redness and a number of other signs.

Note!

To compile an act on finding an employee in a state of intoxication as witnesses, it is desirable to attract persons who are not directly related to this employee (that is, they are not subordinate, colleagues, direct leadership).

The act that fixes the state of intoxication can also be the immediate head of the dismissed, and the head of the enterprise, and the person responsible for the admission of a specific employee to work. And testimony can be recorded in the reports and other similar documents.

The day after the employer installed and documented that the worker was in a state of intoxication, it is necessary to require a written explanation from the employee. To do this, it is necessary to publish the disposal of the head of the Organization, indicating the period to which the employee needs to submit an explanation. With this order, the employee is acquainted with the painting. If, after two working days, the indicated explanation by the employee is not presented, the corresponding act is drawn up (Part 1 of Art. 193 of the Labor Code of the Russian Federation). Calculation of the term for the giving explanation begins from the next day and weekend are not included in the currently established by law.

After that, within a month from the date of discovery, the offense (this term does not include the time of illness and holidays of the employee) The head of the organization decides on which recovery to apply to the employee.

Important!

When dismissal by sub. "B" n. 6 h. 1 Art. 81 Labor Code of the Russian Federation The employer must take into account the consistency of the severity of the disciplinary offense of at least disciplinary responsibility in the form of dismissal: how much the state of intoxication affected the execution of his work function. This can be expressed in the fact that the worker has created a threat to himself and third parties.

If it is decided to part with the employee, it is necessary to prepare an office note addressed to the head with the right to receive and dismiss employees, with a description of the disciplinary offense of the employee, the draft order of his dismissal on sub. "B" n. 6 h. 1 Art. 81 TK RF. To the service note and order you need to attach a complete package of documents:

Act about the appearance of an employee in the workplace in a state of alcohol intoxication;

Protocol medical examination;

Order (order) on removal from work.

As already mentioned, this foundation also provides for the dismissal for the emergence of drugs in a state of narcotic or other toxic intoxication. Therefore, if an employee appeared to work with signs of another, not alcohol intoxication, the procedure will be the same. In the appropriate act, it is also necessary to describe the state of intoxication of the employee.

It is important to know that under the action on the body of the drug, there is an increase in reactions or, on the contrary, increased anxiety, narrowing or expansion of pupils, disruption of coordination of movements in the absence of alcohol smell.

Toxic intoxication in general resembles alcohol - the same violation of coordination, redness of the skin. But with the characteristic features are the swelling of the nose, difficulty breathing, head shake, extended pupils.

Procedural moments

Dismissal by sub. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation refers to the type of disciplinary penalties, so it is necessary to comply with the procedure for the application of the recovery in accordance with Art. 192 and 193 of the Labor Code of the Russian Federation.

Disciplinary penalty is applied no later than one month from the date of the misconduct detection, not counting the time of illness, staying on vacation, as well as the time required for the opinion of the representative body of workers. It is important to take into account that the moment of breaking the absenteeism is not the day in which the absence of an employee was discovered, but the moment to clarify the causes of his absence, that is, the date of receipt of the explanation.

It is at this moment that an offense is considered completed and detected (part 3 of Art. 193 of the Labor Code of the Russian Federation). Disciplinary penalties cannot be applied later than six months from the date of misdeed (and not detection!) (Part 4. Art. 193 of the Labor Code of the Russian Federation).

In this case, we are talking about dismissal for perfect disciplinary misconduct (Part 2 of Art. 192 of the Labor Code of the Russian Federation). We give the necessary algorithm.

1. We collect documents confirming the fact of the perpetrators of the employee (medical conclusion, service, report notes, acts). Sample Act is shown on with. 98.

2. Let us give an order to remove the employee from work. A sample of an order of removal from work is shown on with. 99.

3. We demand a written explanation of the reasons and motives of the happening (Art. 193 of the Labor Code of the Russian Federation). If, after two working days, the employee did not provide an explanation - make a corresponding act in the presence of witnesses (Art. 247 of the Labor Code of the Russian Federation). A sample of an act of refusal to grant an explanation is shown on with. 100. Inspection by an explanation by an employee is not an obstacle to the use of disciplinary recovery (part 2 of Article 193 of the Labor Code of the Russian Federation).

4. We are preparing a memorandum of a disciplinary misconductor. Sample notes is shown on with. 101.

5. Publish an order (order) on the use of a measure of disciplinary recovery in the form of dismissal in arbitrary form. I bring it to the attention of the employee under the painting within three working days from the date of his publication. If the employee refuses to familiarize himself with the document under the painting, about this fact we make an appropriate act (para. 6 Article 193 of the Labor Code of the Russian Federation). A sample of an order of application of a disciplinary action is given on with. 102.

4. We publish an order for dismissal in form No. T-8 (approved by the Resolution of the State Statistics Committee of Russia from January 05/2004 No. 1). We give an employee to familiarize yourself with this order for painting within three working days from the date of publication. If the employee refuses to get acquainted with the order, we make an appropriate act. A sample of the order of dismissal is shown on with. 104.

5. We introduce an entry into the workbook on the dismissal in connection with a single gross violation of labor duties: the appearance at work in a state of alcohol intoxication (sub. "B" paragraph 6 of Part 1 of Art. 81 of the Labor Code of the Russian Federation) and a personal employee card (form No. T-2). Sample record in the employment book is shown on with. 105.

6. We issue an employee's workbook on your hands on the last day of work (Art. 84.1 of the Labor Code of the Russian Federation).

7. We produce full calculation with the employee (Art. 84.1, 140 of the Labor Code of the Russian Federation).

The procedure for attracting disciplinary responsibility established by Art. 193 Labor Code provides for the publication of an order to apply disciplinary recovery. This document is issued to substantiate the termination of the employment contract.

Please note, Rostrud in a letter dated 06/01/2011 No. 1493-6-1 said that it is enough to issue an order for the termination of a disciplinary miscondancy to issue an order to terminate the employment contract in the form No. T-8, which indicates as a basis the report and explanatory worker. At the same time, the Federal Service

he recognized the current practice of publishing two orders, on the use of disciplinary recovery and on dismissal, not contrary to the law.

What else to remember

Termination of an employment contract with an employee for sub. "B" n. 6 h. 1 Art. 81 TC RF is carried out at the initiative of the employer.

Employee came to a drunk work

Full description:

Unfortunately, the problem of drunkenness of employees in the workplaces is relevant for many employers. But to remove from work or dismiss such a grief worker is not as easy as it may seem at first glance. The article will help to take into account the nuances of this difficult situation, as well as correctly arrange the necessary documents.

The morning of the working day, a lot of things ahead, and it turns out that one of the employees, to put it mildly, is not in shape. Picture, alas, not rare. What is first to take an employer if the employee is in the workplace in a drunk? First of all, not allow them to fulfill their employment duties. If the employee became known about the "poor health" after he began to work, he must be removed from her.

Do not allow or remove?

First we will deal with the differences in the wording "prevent to work" and "remove from work", as well as how their interpretation affects further actions. If the administration has found a sign of alcoholic intoxication from an employee before the start of the working day and prohibits him to start labor activity, it is about preventing work. Moreover, in some industries, this moment is especially important. The fact is that officials can be involved in administrative or criminal liability if they allow an employee in a drunk to carry out labor functions (Art. 5.27 of the Administrative Code or Article 143 of the Criminal Code of the Russian Federation). The judges adhere to the judge in the decision of the Plenum of the Supreme Court of the RSFSR of 23.04.91 N 1 on judicial practice on violations of the rules of labor protection and the safety of mountain, construction and other works. "

To avoid such problems, in enterprises of increased danger (transport, energy, chemical, mountain, etc.), preventive inspections must be carried out at the beginning of the working day. It is possible to prevent the drunken employee to work in the event that it was noticed in a similar state not in the workplace, but only on the territory of the enterprise, for example, at the profits. In the case when the employee has already begun to fulfill labor duties and, after that, the administration noticed his condition, it is about removing the employee from work.

In any of these situations, the enterprise administration should competently arrange documents. IN otherwise An employee may challenge the decision of the employer about his suspension from work in court.

In the labor legislation, the concept of "suspension from work" and "preventing work" is synonymous. Therefore, we will use only one of the terms for convenience. So, according to Article 76 of the Labor Code, the removal from the work of the employee who appeared at work in a state of alcoholic, narcotic or other toxic intoxication, not only the right of the employer, but also his duty. At the same time, the employee is removed from work until all the circumstances are eliminated by the foundation for removing it (part 2 of Art. 76 of the Labor Code of the Russian Federation).

Worker will stay without salary

We, the following, chief engineer

LLC "STROYREMTYAZHMASH",

Controller OTV LLC "Stroyretyazhmash",

and, indoor cleaner

LLC "STROYREMTYAZHMASH",

(Name, position, place of work)

act of the following shall compiled:

Electrician LLC "Stroimreyazhmash",

(Name, position, place of work)

appeared in a state of intoxication in the workplace

in the electrical workshop N 2

He had the following signs of intoxication:

1) a slow, fuzzy speech, accompanied by obscene words;

2) strong smell of alcohol from mouth;

3) multiple equilibrium loss;

4) Facial redness;

5) inability to keep tools in the hands, trembling fingers;

6) Inadequate behavior, expressed in aggressive actions against colleagues in the workshop, a loud performance of Russian folk songs, an attempt to throw out overalls.

The fact of the location of the Ugryumov Sergey Kharitonovich

in a state of intoxication to confirm the medical conclusion

it is impossible because the worker refused to voluntarily pass medical

examination.

From giving an explanation worker refused.

subject / not subject to emphasize)

remove from work to work until October 9, 2007.

Signatures of persons

1. delight

2. Merry

3. Stormov

From the signature refused *

* In the event of a refusal of an employee from signing an act after the mark of this, the compilers of the act samples once again or constitute a separate document - an act of refusal to sign. - Note. ed.

Way out. As we see, to force a drunken employee to pass a medical examination is impossible. We'll have to resort to tricks. One of the most common ways to fix the alcoholic intoxication of the employee is to call the ambulance brigade. Usually the enterprise administration causes a doctor, referring to bad state of health Employee. For example, a vague speech or violation of consciousness can be signs of stroke, and not only alcohol intoxication. In this case, health workers will definitely arrive and record the state of the employee, they will give a certificate or an act of medical examination.

The document is in two copies. It sets out information about emotional state employee, his behavior, speech, reactions. There is necessarily the presence or absence of smell of alcohol. For a complete picture of the state of the employee in the act, the results must be present. laboratory studies. When conducting an examination, they are mandatory. But most often the examinated refuses to pass tests and undergo other medical procedures. If it was not possible to persuade it, the fact of failure will also be fixed in the act.

Signature of the employee in medical conclusion. Embodstate, doctors should ask for an employee to familiarize themselves with him and put their signature. Do not be afraid of the failure or the inability of the employee to sign the document. This circumstance can serve as an excess proof that he is drunk.

If an employee is more agreed, it is enough to accompany to a medical institution where a medical examination procedure will be carried out. But not any clinic is suitable for this. Please note whether the right has the right to conduct an examination of alcoholic and drug intoxication.

On the inspection - as soon as possible!

If you want to conduct a medical examination of an employee, remember that alcohol has a feature to quickly "weathered" from the body. The sooner you organize a medical examination of the employee, the less he will have chances to slip away from responsibility for its unreasonable behavior.

It reads that the use of 0.5 liters. Beer can be detected in exhaled air only for 30 minutes after the adoption of the drink, 0.2 liters. Portwine - for 3.5 hours, 0.1 liters. Vodka - for 3-4 hours.

Conclusions of doctors. According to the results of the survey, the doctor will conclude. It will describe the state of the employee.

The employer should be prepared for the fact that even the results of medical examination worker can challenge in court. This applies primarily to situations where the examination was carried out with a violation of established norms (for example, the lack of laboratory studies).

Outcome of the procedure - an order to remove from work

The decision of the administration on the removal of the employee from work is issued by order or order of the company's head. The unified form of an order of removal of an employee does not exist from work. It is made in an arbitrary form (sample of the order, see p. 87).

Dismissal of the employee

An employee who comes to drunk work can be applied disciplinary recovery. Their list is shown in Article 192 of the Labor Code. In particular, the employee can be fired.

Dismissal in this case occurs at the initiative of the employer (clause 4 of Art. 77 of the Labor Code of the Russian Federation). An appropriate entry is made to the employment record of the employee with reference to paragraph 6 of Article 81 of the Labor Code. This rule is indicated in paragraph 5.3 of the instructions for filling the labor books approved by the Resolution of the Ministry of Labor of Russia dated 01.01.2001 N 69.

The day of termination of the employment contract will be the last day of the employee's work (Part 3 of Art. 84.1 Tk RF). It does not matter, removed it from work or not. Such clarifications are given in part 1 of paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01.01.2001 N 2 "On the application of the courts of the Russian Federation of the Russian Federation of the Russian Federation." That is, it is impossible to dismiss the employee by the number preceding the day when he was removed from work.

The procedure for imposing disciplinary recovery is set out in Article 193 of the Labor Code. In accordance with part 3 of this article, disciplinary recovery is applied no later than one month from the date of revealing offense. At the same time, no time of the disease of the employee nor the period of his stay on vacation is not taken.

Also, article 193 of the Labor Code requires a written explanation from the employee before applying disciplinary penalties to it. Without receiving it, it is necessary to draw up an act (part 1 of Art. 193 of the Labor Code of the Russian Federation). After the order on the dismissal is published, the employee needs to be familiar with it within three followers. The unified form of an order to terminate the employment contract with the employee (N T-8) approved by the Resolution of the State Statistics Committee of Russia dated 01.01.2001 N 1. If the employee does not want to be inserted into the document and refuses to sign it, it is also necessary to draw up an act of refusal under part 6 of article 193 of the Labor Code.

A sample of the order to remove the employee from work

LLC "STROYREMTYAZHMASH"

(name of company)

Order N 562-K

Ugryumova Sergey Kharitonovich

(Position, FULL NAME)

Reason: appearance in the workplace in a state of alcohol intoxication.

Base:

Memorandum note of the chief engineer;

The act of establishing the fact of the appearance of an employee in a state of intoxication caused by the use of alcohol, narcotic drugs or other toxic substances, from 01/01/2001;

Act to refuse to give explanations.

CEO

LLC "STROYREMTYAZHMASH" ___________

The order is familiar with the order:

Appendix: Act to refuse to sign an order.

senior scientific editor of the magazine "Salary"

Dismissal under an article for drunkenness - the procedure, though the vigorous, requiring the preparation of a variety of documents, but necessary. This is the key to the fact that the lover of drinking can no longer work with you. And other employers will warn from his employment. But it is necessary to issue a state of "subeer" correctly, because the judge did not see what happened with his own eyes, and therefore, maybe you can not believe if the broken next morning grabbing his head and will demand recovery at work.

Legal base of dismissal for drunk

If the culprit is caught at work in a drunken form, even if for the first time, he threatens dismissal under the article. Labor Code directly allowed to part with such employees in the 81st article.

Attention!

Resolution of the Plenum of the Supreme Court of March 17, 2004 points out that intoxication, both alcoholic and other species, must be an employer confirmed . And the confirmation may not only be a medical certificate, but also other documents that the court will appreciate.

Dismissal for drunk at the workplace article although it allows, but the order of action and the documentary component does not comment in any way, but at the same time there is arbitrage practicefrom which you can learn good reason for dismissal.

Where to begin

About the wrongness of the employee the personnelist somehow should learn. This can
report, for example, the head of the department or workshop where the perpetrator works. therefore the first document will be:

• either a memorandum;
• either the act of an insanient state of the employee.

Most personnel thinks that only medical conclusion is served by the only proof of intoxication. But you do not have the right to force anyone to undergo a survey procedure! What then to do in case of refusal?

In the above-mentioned Resolution of the Plenum of the SU site, no accident is assigned the rate that not only the medals can serve as evidence of intoxication, but also other documents. Other documents include the act.

Now it is necessary to make an act specifically to the employee. Blank can borrow.

Attention!

Nuance: before the start of the registration of all documents, make sure that the culprit is not on vacation, not in the rank, not on the hospital, and on his workplace is spotted drunk. AND it is at the time when he is obliged to work according to the schedule.

If you have a memorandum in your hands, the act is drawn up on its basis. At the same time, receiving a report, you immediately print the form of the act and go to make it on the "crime scene."

Keep in mind that when drawing up the act, you need to specify all signs of intoxication, which in stock at the perpetrator. Such signs on the norm of the order of the Ministry of Health of July 14, 2003 may be:

• alcoholic amber from mouth;
• instability poses;
• violation of speech;
• tremor (trembling) of hands or fingers;
• red spots on the face;
• the testimony of an alkometra.

The act also need to be prescribed:

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

It can happen and such that the worker does not drink vodka, as it seemed to you, and alcohol-containing medicines. But this he himself must prove - show a recipe, for example, the recommendations of the medical and bubble with the medicine.

Estraging from work

When the act is drawn up, the order or order of the director on the basis of this act, the employee must be removed. This requirement is directly contained in 76 Article TC. After all, being in an insanient state, the culprit can make such cases for which the Director itself will suffer responsibility.

The disposal of removal is not necessarily applied to the acts, but will serve as additional evidence that the employer is always on the side of the law!

Sample order.

We demand explanations

For three days from the date of drawing up an act from the culprit, you need to be explained. Perhaps the Director will go to meet the guilty, if it considers the misdemeanor, not so serious. Especially, dismissal for drunk at work is the right of the head, but not a duty.

Notification handing worker under an autograph. Be sure to indicate that the explanatory note of the reasons for intoxication should lie on the director's desk a maximum in two days.

Attention!

Together with the receipt of the notification, familiarize the culprit and with the act, and with the order of removal! Does not want to meet - make an act of refusal.

We impose a penalty

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

With the order necessarily familiarize the culprit on three days. As soon as the order is ready, you have a month under Article 193 of the TC to prepare an order for dismissal. If this sick or vacation is not included in this period.

Dismiss and issue work

Based on the disciplinary order, we prepare the order T-8. After all these actions, you need to capture the dismissal on the head of the employment record in the employment record. You need to write strictly by text TC. . I am familiar with the order and with a record in the work dismissed and issue a book for painting.

There is such a procedure on this, as dismissal under an article for drunkenness ends.

How to dismiss employee and save reputation? One of the unpleasant reasons to dismiss the employee is dismissal for drunkenness. Nowadays, this is a common situation. There is an article in the Labor Code, which regulates the relationship between the employer and the employee in this case. It happens that the head for some time closes his eyes to drunkenness at work. Especially if the employee is good specialist and promising personality. But everything has a limit. An employee, regularly abusing alcohol, will soon lose his professionalism and can cause irreparable harm to the company's image.

If the employee appeared to work in a drunk or abused during the working day, it is better not to ignore it. Even if this happened for the first time, it is worth conducting a preventive conversation in preventive purposes. Otherwise, this fact will be considered unnoticed and the repetition will entail. Drunkenness in the workplace will progress that it will negatively affect the atmosphere in the team, and perhaps other employees will begin to take an example. If such an immoral personality appeared at work, it is necessary to stop her unlawful actions.

The Labor Code has an article, thanks to which the employer may dismiss the employee for a single appearance at work drunk.

Explanatory is the first warning that can be the last. Consider the procedure for the dismissal of the employee under the Labor Code.

How to dismiss the employee for drunk in the workplace

The dismissal of the employee is possible only when he was noticed in a state of intoxication directly at its workplace, on the territory or on another facility, where he was in the direction of the employer (on a business trip, in the company's branch, at the customer's facility). If it is noticed in a state of intoxication not at its working time, you can restrict ourselves to the warning. In the case of an abnormal working day, it is already more difficult. If the employee drank on the territory of the enterprise at the time when he should not be there, then no court recognizes his guilty. Even if he drank before the start of the working day and was detained at the bandwidth, this is also not considered a reason for dismissal. It is impossible to dismiss a minor employee without the consent of the State Labor Inspection and the Commission on Minor Affairs. It sounds rather strange, but it is impossible to remove the pregnant woman from affairs in a state of intoxication according to the article TC. The labor code is spelled out how to dismiss the employee and how it can protect himself when dismissal.

The work of the employer is not particularly different if the territory on which the organization is located is Ukraine. In this case, the article of the Labor Code changes and some features appear. For example, it is impossible to dismiss under this article, women who have a child or children under the age of 3 and who have a child (children) under 6 years old if this child needs home care. The Labor Code protects against the loss of working in a state of intoxication of lonely mothers who have a child under 14 years old or a disabled child. The same applies to the fathers who raise a child without a mother or mother lasting in the medical institution, guardians and trustees. It turns out that they have a reason to drink at work and remain unpunished. Records in the employment book make, referring to the corresponding paragraph 7 of Art. 40 kzot of Ukraine.

Consider immediately that intoxication is a medical concept, and a common person It is not entitled to make an unambiguous conclusion. Not being a specialist, it is difficult to establish, since many of the symptoms of intoxication are characteristic of other states: strong excitement, stress, high temperatures, poisoning, etc. Only a medical examination can help in solving this issue.

How to fix the state of intoxicating employee

The immediate head of the employee who appeared in the workplace in a drunken form, or any colleague reports the head of the company or the acting about the fact of the violation. A commission is appointed for a service investigation, which makes an act and guiding to the medical examination.

Drawing up an act when dismissing drunkenness

The act of the appearance at work in a drunken state will be in court proof of the identified fact. But the Labor Code does not explain how to do it right. So we act: we find the sample on the Internet and correct under your case, thus fixing intoxication. It must be remembered that if it is incorrect to carry out the procedure of dismissal, the employee can submit on the employer to the court. Record in the employment record on the submission. "B" paragraph 6 of Art. 81 TK RF can put a cross not only for further career, but also to find work in the future. Therefore, the employee will strive to challenge the fact that he was fired for drunkenness.

Judicial practice shows that it is often the decision to restore work. This may occur due to the existence of "pitfalls" in the Labor Code. They can be avoided if in the employment contract to thoroughly register all the points of the relationship between the employee and the employer. We give the highlights for the correct writing of the act:

The act is drawn up in two copies and is given to all participating under the signature. An employee can win the court if he proves that there were no grounds for dismissal on the heater for drunkenness, including if the act was not compiled. As a result, the employee is restored as a position, and the employer can force pay moral damage. Explanatory, if such was written earlier, also attached to the case.

Often the employee who is being prepared by the order of dismissal, refuses to undergo a medical examination. Be sure to lock it in the act. According to the Labor Code of the Russian Federation, the duties of employees are not included in the passage of medical examination for alcohol intoxication, it is impossible to make it. Yes, and the procedure is paid. Send an employee to examine a specialist and pay for it will have the initiator. In the case of identifying signs of intoxication, it is possible to try to recover damage from it. Faster Send the violator to the procedure to determine the degree of intoxication, because the signs may disappear within a few hours. As a result of a visit to the doctor, a protocol in form No. 155 / y, the conclusion of which gives the right to dismiss on submarine. "B" paragraph 6 of Art. 81 TK RF.

The order is prepared on the dismissal, signed by the company's head, and the employee immediately removes the work performed. The sample of the order can be found on the Internet. During the period of clarification, the reasons for the emerging state will be considered not in the workplace. This is a kind of employer insurance from unnecessary costs. Working hours after removing from work for drunkenness is not paid and is not included in the vacation experience. In order for everything to be 100% legally, make an entry in the working time accounting table, putting the letter code "NB" or the numeric code "35". This will be the basis for flaws.

According to the Labor Code, the head must remove a drunken employee from work. The behavior of a person in a state of alcohol intoxication is unpredictable. If you do not take action, then drunk can harm yourself or another employee with a possible father outcome. In this case, the leader may be criminally liable. It is worth protecting yourself.

How to punish an employee for drunkenness in the workplace

If a drunk worker behaves aggressively, trying to apply strength, feel free to call the police or ambulance medical care. After drawing up the documents described above, the decision is made that it will be the next step - dismissal for drunkenness or the forgiveness of a negligent worker. If the decision to say goodbye to the employee is solid, then the appropriate entry in the employment record. It is written that the employment contract was terminated on the initiative of the employer in connection with the appearance in the workplace in a state of alcohol intoxication, the article of the Labor Code is indicated, on the basis of which it happened.

According to the TC, on the day of dismissal, the employer should pay with the employee for the salary and unused vacation days and give him an employment record. Naturally, in this case, speech can not talk about the weekend. When an employee in a state of intoxication behaves peacefully, but the feasibility of dismissal will be better to agree with him about the dismissal by agreement of the parties.

The best prevention of drunkenness in the workplace is promoting a healthy lifestyle. This primarily concerns habits to celebrate holidays, birthdays, personal events. And in our time in many companies there is a veto on alcohol. You can note the celebration at work, but only non-alcoholic drinks and sweets.

Eating alcoholic beverages in corporate parties in restaurants, cafes, in nature. Well, if such events will also carry non-alcoholic. But if this is not avoided, diverse the leisure of sports competitions, the cultural program. This will bring novelty to a collective holiday and will reduce the time for the use of alcoholic beverages. The procedure for dismissal on the article for drunkenness is not a very pleasant procedure. Therefore, it is better to spend your working hours on more productive business. Take care O. healthy education Life of their team, and he will surely answer excellent results.

Thank you for the feedback

Comments

Megan92 () 2 weeks ago

Did anyone get rid of husband from alcoholism? My drinks do not seek I don't know what to do ((I thought to divorce, but I don't want to leave a child without a father, and my husband is a pity, so he is a great person when he does not drink

Daria () 2 weeks ago

I have already tried so much and only reading this article, I managed to wean my husband from alcohol, now it does not drink at all, even on holidays.

Megan92 () 13 days ago

Daria () 12 days ago

Megan92, so I wrote in my first comment) I duplicate just in case - link to the article..

Sonya 10 days ago

And this is not a divorce? Why sell on the Internet?

Jules26 (Tver) 10 days ago

Sonya, what country do you live in? On the Internet is sold, because shops and pharmacies put their markup of the brutal. To the same payment only after receiving, that is, first looked, checked and only then paid. And on the Internet now everything is sold - from clothes to televisions and furniture.

Edition response 10 days ago

Sonya, hello. This preparation for treatment alcohol addiction really not implemented through the pharmacy network and retail Stores To avoid overpriced prices. To date, order only on official website. Be healthy!

Sonya 10 days ago

I apologize, I did not notice the information about the cash on delivery. Then everything is in order for sure if the payment upon receipt.

Margo. (Ulyanovsk) 8 days ago

And someone tried folk Methodsto get rid of alcoholism? Father drinks, I can not influence him ((

Andrey () a week ago

Unfortunately, the use of alcohol in the workplace or the appearance at work in a state of alcohol intoxication is not so rare. The employer has the right to dismiss such an employee, but only correctly issues all the necessary paper.

Dismissal for alcohol intoxication is a disciplinary recovery that is provided by Art. 81 TK RF. But the fact of misconduct must be fixed correctly, and all documents should also be issued correctly. Otherwise, such an employee may submit to the court to illegal dismissal.
If personnel and medical documents are incorrect, the court recognizes the fact that the dismissal did not occur in accordance with the Labor Code of the Russian Federation. After that, the employee is subject to recovery in the same position. The employer must pay him wages For forced rushing, and in some cases, also compensate for moral harm.

In PP. 6 p. 6 tbsp. 81 The Labor Code of the Russian Federation states that the employer has the right to dismiss the employee for a single appearance in the workplace in the state of alcohol intoxication. But there is a limit - dismissal for drunkenness in the workplace.

That is, if the employee has already appeared at work in an inadequate condition (that is, he drank before the start of the working day) or was noticed with a bottle after a change, then it does not threaten him. The only thing - if he appears to work in this form, he threatens the removal from his labor functions and reprimand. If it is noticed after a shift in such a state, and in the morning it will go to work normal, then the employer has no right to apply the sanction to it.

But if the worker squeezed alcoholic beverages (which is before the start of the working day, which is after it) on the territory of the employer, this can be a reason for the employer initiate an internal investigation. Such actions of the employee are a violation of the labor and workflow, and can lead to unpleasant consequences with other employees.

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

• minor worker. Even if he is drunk, and there is a medical conclusion, it is possible to dismiss it only by receiving a written permission from the guardianship or from the labor inspection;
• it is possible to dismiss a pregnant woman for this basis, but difficult. It is necessary to prove that she is drunk, and not accepted alcohol-containing medicines that prescribed her attending physician.

Article Tk RF for drunkenness

Dismissal for drunkenness is provided in Art. 81 TK RF. But that the employee does not apply to the court, all the nuances of this process must be observed.

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

• aggressive behavior;
• skin surfaces on the face of blushed;
• expansion of pupils;
• the worker carries a verbal nonsense;
• his hallucinations appeared;
• the corresponding smell of mouth.

If the employee has these signs, then you can call physicians to fix the fact. Only in the presence of a medical conclusion about the state of the employee, it is possible to continue the procedure for applying a disciplinary recovery to it in the form of dismissal.

Now you need to create documents correctly. For this you need:

• make a report note. Does this is the person who found an employee in such a state. The note is drawn up in the name of the head of the structural unit or in the name of the director. The purpose of such a note is to inform the leadership of the discipline of labor. The form of a document is free, but necessarily written;
• management is considering this note and decides on the investigation of this case. For this, a special commission is going to. But first you need to publish an order to convene and the composition of the commission. Its members should be at least 3 employees, then this does not have to be senior positions. It can be completely any employees of the enterprise;
• the Commission does not make a decision on this employee, it only fixes the fact of his stay in the workplace in the state of alcohol intoxication. This includes an act in which it is described in detail:
  • present characteristic signs Alcoholic intoxication - odor, coordination disorder, etc.;
  • the actions that he performs;
  • other signs that may indicate that he is drunk.
• you need to cause physicians. Only they can reliably confirm the state of intoxication. At the same time, it is necessary to obtain the written consent of the employee for the passage of medical examination. If he refuses the procedure, it is necessary to compile an appropriate act. If the employee agrees, then the arrival of physicians or the transportation of an employee to medical institution, as well as carrying out all the necessary medical manipulations is carried out at the expense of the employer. If the intoxication is not confirmed, then the employer does not have the right to compensate from the employee of these expenses. Call ambulance It is impossible, since the conduct of such a procedure is not included in their duties. Important! The permissible value of alcohol in the blood is 0.16 ppm. This value may be caused by the fact that the employee uses medicationsContaining alcohol or, trite, drank kvass or kefir. If the content of alcohol in the blood exceeds this indicator, the doctors constitute the protocol on the set form 155 / y;
• after that, the employee needs to take a written explanation of a happening fact. You need to do this after it becomes normal. In a state of intoxication, he is unlikely to give an intelligible explanation. The employee has the right to refuse to give a written explanation. Then you need to make another act. If he writes an explanatory note, it is laid to the act of fixing intoxication, which was the relevant Commission;
• now all documents are transferred to the company's management for further proceedings and decision on the problem.

Director or other person authorized to take appropriate decisions may take the following:

• dismiss the employee. This happens if drunkenness is systematic;
• apply a different disciplinary penalty. As a rule, if an employee is highly qualified and responsible, and the state of alcohol intoxication is noticed for it for the first time, management is reprimanded.

If it was decided to dismiss the defendant employee, then you need to make an appropriate order. In the text of the document, all the found features and evidence are listed. You need to specify the full name of the confirmation document and put the date of its design. An employee needs to be familiar with the order. He must sign it. If he refuses to do this, then you need to make a corresponding act, which will be signed by the head of the dismissed employee and two witnesses.

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

• salary for actually spent days from the beginning of the month and on the day of dismissal;
• compensation for unused vacation;
• output benefit It is not relying, as the basis of dismissal is the guilty actions of the employee.

He should get on the hands:

• its labor book, which will indicate that it is dismissed on the basis of PP. 6 p. 6 tbsp. 81 TK RF;
• certificate in the form of 4-FSS;
• help in the form of 2 ndfl.

As practice shows, in the presence of such a wording in the employment book, it is almost impossible to get a new and paid job. Therefore, if there is such an opportunity, you need to try to persuade the chief to quit the parties to the Agreement or on its own initiative. As a rule, if the employee worked well, and he had no complaints, employers go to meet and dissolve the contract not "under the article". The presence of such a wording is a "wolf ticket" for paid work.

If the employee carries out the driver's labor functions at the enterprise, he also threatens dismissal for drunkenness. The procedure for the cessation of labor relations is exactly the same as when drunk in the workplace, but here the proof will be the protocol of the traffic police inspector, the medical examination and the court decision on the deprivation of such a special law driver - that is, the rights of dismissal by the vehicle. And since his labor duties are directly related to the control of the vehicle, then it will no longer exercise their work in this position.

The basis for the publication of the order of dismissal will be the court decision on the deprivation of this driver's license for a certain period. With this order, the driver must be acquainted with the painting. If he does not sign an order, then you need to make an appropriate act. On the last working day, a dismissed employee receives the calculation and all documents.

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

This is the optimal way out of the current situation, especially if the driver did not have such complaints and was not a member of such incidents. After returning the right, you can still get a driver again.