According to the Labor Code of the Russian Federation, the employer may impose a disciplinary sanction against an employee who appears in the workplace for alcohol or drug intoxication. Lawyer Vladimir Atapin told socialbites.ca about this.
“Furthermore, the workplace is understood not as a specific desktop, office or place of work, but as the entire territory of an organization or facility where the employee is supposed to perform a labor function on behalf of the employer. Dismissal of an employee for drunkenness is also allowed if drunkenness is detected when leaving the territory of the organization after the end of the working day, ”explained the expert.
Since dismissal for leaving the workplace drunk is a disciplinary penalty, the employer must strictly comply with the procedures prescribed by law before dismissal.
“The first thing the employer should do is fire the drunk employee, order the dismissal and recognize the employee in exchange for the signature, if the employee refuses to sign the order, it will be enough for him to read the order aloud. issues an action in the presence of the employee and upon the employee’s refusal to recognize an order. The employee should also be familiar with the law issued against receipt. In case of refusal to act, a corresponding note must be made. In addition, the employer must record the facts and circumstances of the employee’s alcoholic intoxication, for which the employer creates a commission that must document evidence that the employee appeared drunk. It is necessary to describe in detail all signs of intoxication detected in the employee (smell of alcohol, speech disorders, poor posture, inappropriate behavior) and record the statements of witnesses. In case of drinking alcoholic beverages at the workplace, the situation at the scene (glass, bottle, medicine package, etc.)
It is also mandatory that the employee be offered to undergo a medical examination for intoxication, and if the employee refuses to undergo a medical examination, such a refusal must be recorded in an act in exchange for a signature familiar to the employee. If the employee refuses to sign, put a legal mark. The employee must be required to provide a written explanation before disciplinary action is taken.
“Dismissal of an employee is not an obligation of the employer, but a right, so a lighter disciplinary sanction may be imposed on the employee – reprimand. As only one disciplinary sanction can be imposed for each disciplinary offence, if a worker is reprimanded for being drunk at work, he or she cannot be dismissed for the same offence.
The disciplinary sanction is applied within 1 month at the latest from the day the misconduct is discovered, excluding the period when the employee is sick, on vacation and the time required to take into account the opinion of the representative body of the employees.
“In case of violation of the procedure for correcting the fact of alcohol intoxication or non-compliance with the procedure for imposing disciplinary action, the employee can be reinstated through the court, and the employer will pay compulsory absenteeism. “Given the timing of court cases, it could take more than a year.”
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