"Appearance at work in a state of alcoholic, narcotic or other toxic intoxication" is formulated by the Labor Code of the Russian Federation as a gross violation of labor discipline, for which dismissal is provided. However, dismissal for this circumstance has a number of nuances that both the employer and the employee should know.
Instructions
Step 1
The head of the organization, on the basis of an order, must immediately remove an employee who appears at the workplace in a state of alcoholic intoxication from his duties until all the circumstances are clarified. Wages for this period of time will not be charged to the guilty employee. The manager has the right not to suspend the employee from work, but in this case it will be problematic for him to dismiss the employee. In addition, he deliberately assumes responsibility for the consequences of the activities of a drunk employee. For example, an industrial accident, equipment breakdown, etc.
Step 2
After the employee is removed from his job duties in the organization, an act "On the appearance of an employee at the workplace in a state of alcoholic intoxication" must be drawn up. For this, a commission of 3 people is formed, which should include the head of the organization, a legal adviser and an occupational safety specialist. This act is drawn up in a free form and must contain where, when, at what time and by what signs the presence of the employee in a state of intoxication was detected.
If possible, you need to attach to it an explanatory note of the offending employee. If he refuses to give an explanation, this is also recorded in the act. An act is drawn up in 3 copies, each of which is issued to the members of the commission against signature.
Step 3
An intoxicated employee should be sent for a medical examination, which should be carried out by a narcologist. The employee can refuse to undergo the examination, in this case it is necessary to make a note about this in the act.
Step 4
When the employee becomes sober, you need to ask him to give a written explanation of what happened. In case of refusal, an act is drawn up, which must be signed by two witnesses.
Step 5
And finally, a dismissal order is issued, with which the employee gets acquainted within three days and receives a copy of it in his hands.
Step 6
An employee who does not agree with the dismissal article specified in his work book can safely go to court. If he can prove illegal dismissal, the court will oblige the employer to reinstate the employee in his previous position.
