The dismissal of an employee who is at the workplace in a state of intoxication is a legally defined right of the manager. However, this procedure has some special moments, non-observance of which may lead to the restoration of an employee at work through the courts.
It is necessary
- - drawing up an act;
- - medical examination.
The manager has every right to take away an employee for being at the workplace in a state of alcoholic, toxic or drug intoxication. However, it is necessary to be completely confident in your correctness, since the article of dismissal indicated in the work book (subparagraph "b" of clause 6 of article 81 of the Labor Code of the Russian Federation) can become for the dismissed the cause of the complete collapse of his possible career. Accordingly, it is necessary to carry out the dismissal procedure in full accordance with the legislative acts of the Russian Federation, without violating the rights of the dismissed employee.
According to the Labor Code, drunkenness in the workplace is a gross violation of labor discipline, and dismissal may follow even after one such violation. But nuances are possible: under this article, it is impossible to fire a pregnant woman, a minor employee, as well as an employee who is intoxicated at the workplace outside of working hours.
If the employee's condition corresponds to the signs of alcoholic intoxication: incoherent speech, the smell of alcohol, impaired motor functions, urgent measures must be taken. First of all, remove an employee from work, in order to avoid unpredictable consequences of his possible actions, from which it is necessary to secure production.
Following this, draw up an act of the appearance of an employee at the workplace in a state of alcoholic intoxication. The form of drawing up this act can be arbitrary, however, the name of the enterprise, date, first names, patronymics and surnames of both the guilty employee and the witnesses, a detailed description of the situation and the explanation of the culprit are mandatory for mention.
Send the employee for a medical examination. The norms of the law in the implementation of this paragraph must be observed very strictly: the examination should be carried out only by a licensed narcologist. If the employee refuses to go through the examination procedure, a note is made about this in the compiled act.
When the employee becomes adequate, ask him again for written explanations, and if this behavior is systematic, part with him. Within three days after the issuance of the order of dismissal, familiarize the employee with this document and give him a copy against signature.