At work in a drunk. Dismissal for drunkenness - how to catch an employee

Cases when drunk people are present in their workstations, abound. The consequences of work in such a form can be the most different. Dismissal on an article for drunkenness is a completely legal procedure. To make an employee in the workbook shameful record, the employer needs quite a bit. Such dismissal may subsequently spoil many attempts to get a job again, make a career. "Service" drunkenness can also bring other troubles.

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Slightly drunk worker: the essence of the problem

Suppose yesterday a rapid feast was held yesterday, and today the well-being is not the best. At the same time you need to go to work. Most solve the problem on the principle of treating this similar. That is, winks. The state seems to be improving: the head clarifies, the hands are not trembling, calmed the stomach and so on. And now the person is in service. Another option is to eat alcohol on a lunch break. Almost everywhere there are lovers to drink a plate of boating beer by a can - allegedly to improve digestion.

Such an employee may not feel drunk at all. However, this is a question of not real sobriety, but only sensations. Many people with long alcohol experience need a solid portion of alcohol to "delivered". However, regardless of their sensations in the blood, some dose of ethanol is present, which is full of the body with full swing, dulls the reaction, reduces the health of the brain.

Allegedly sober worker can easily violate the safety standards, allow an error in work, to bring colleagues and the entire organization. All this - without the slightest awareness of his miscalculations and not enough adequate behavior.

And how does everything look from the side, and what are the consequences? The smell of fumes, yesterday's and today's, not sufficiently connected speech, the loss of accuracy of movements is that the colleagues of the skilled worker feel and see. If such an employee is part of a long chain, can break, go not so a whole process. And it does not matter, there is talking about working with documents (for example, the fulfillment of a complex project) or conveyor production.

The situation is even more serious if a person comes to work with a pretty dose of blood alcohol.

Drunk employee: Nolescence or real threat?

With a certain dose of alcohol, a person can no longer cause any doubt. Drinking recognizes a variety of signs: the wrong gait, "brazening" language and so on. How important and correct will be the actions of such a person when performing official duties? In most cases, the likelihood of full-fledged work for such an employee is very close to zero. Here is the simplest example of drunkenness in the workplace, and the consequences can be the most unfavorable.

If a clearly drunk employee usually works with customers, what impression does he produce on his visitors? What opinion will be created about the department, where does this person work, about the whole organization as a whole? Damage to reputation and loss of customers are the most likely consequences.

In production, a drunken worker creates defective products, it can ruin the raw material or damage the intermediate results of someone else's work. It is also not necessary to break the equipment to which inadequate behavior, errors in the operation of equipment. Finally, the most unpleasant consequences are injuries and even the death of people in the workplace. But a drunken worker does not just just be injured, because of him, harm can be caused to his colleagues.

The latter situation is a full-fledged proceedings, including the criminal article. It will be involved not only by the employee, but his immediate superiors, people responsible for labor protection, and other enterprise management. How fully will the company work against the background of endless checks and other procedures? And most importantly: someone's health or life is not too high the price for the dose of alcohol?

What measures can accept the employer

If the employee is discovered in the workplace by drunk for the first time, it may well be separated by temporary removal and warning.

The first measure is regulated by the 76th article of the Labor Code of the Russian Federation. An employee in this case is not allowed to work until it sinks. How much to highlight for this time - solves the employer, usually the term is one or two days. No hospital, the employee is counted simple. Payment, of course, either no.

Warning is another measure. If everything limited to the conversation, the employee who guessed can be sure that he was lucky. Perhaps the authorities took into account any adverse circumstances of the life of the subordinate or simply appreciates him as an employee. An more unpleasant option is a written warning. It will remain in a personal case and can significantly complicate promotion.

Finally, a drinking worker can be fired for drunkenness in the workplace, the Article TC RF about this is available. True, to apply the last two measures, a certain procedure must be met.

Medical examination and act of violation

The degree of intoxication of the employee is not determined by the "peephole". Difficult speech, swinging gait and smell of alcohol, can be explained by the disease, stress, adoption of certain drugs. To see an employee in drunkenness, you need to confirm everything.

The procedure may differ in various enterprises, but in general terms comes down to the following:

1. Information about the presumably drunk employee must be done by his direct supervisor.
2. A commission is created and a service investigation begins.
3. The result of the commission is a special act. It describes the current situation, indicate the signs for which the employee was suspected of drunkenness. The act is signed by members of the Commission, witness workers and owed themselves.
4. From a drunk employee may request explanatory. If this happens, the document is attached to the act.
5. If an allegedly drunk employee refuses to recognize itself as such, the employer may offer medotivation. It is to offer, and not obliged, this question is purely voluntary. The refusal of an employee from handling a medical examination should also be fixed in the act.
6. In case of consent, the employee is undergoing medical examination. This is a paid procedure, costs covers an employer. If the fault of the employee is confirmed, the tools spent most likely will be late calculated from the wage or are recovered somehow otherwise.

If the persistence of the employee is confirmed, the offense is considered proven. And then the employer remains only to determine exactly how the employee is punished.

Legislative reservations

Can dismissal on an article for drunkenness be illegal, unreasonable? Of course. Not all employers are 100% conscientious. If the dismissal procedure was conducted with violations, the employee has the right to solve the issue through the judicial authorities.

If it comes to court, the employer will have to fully and clearly substantiate the dismissal of the employee under the 81st article of the Labor Code of the Russian Federation. This will not work if the employee, outrered in drunkenness in the workplace, was detected in this form at the end of the working day.

Just to be present in the workplace by drunk is one thing, and fulfilling your duties, being a subeer is completely different. If the employee proves that the situation was exactly the case, the court can stand on his side and cancel the decision to dismiss on the "drunk" article. Plus, the employer will be obliged to take an employee to work again, and even pay simple. Of course, as a relationship in terms of "Chief - Subordinate" after that, the question is separate.

It is impossible to just focus on drunkenness at the workplace of a minor worker or a pregnant woman. In such situations, the employer must attract a labor inspection and (if necessary) a commission on juvenile affairs.

Another situation is intoxication that comes as a result of any technological disorders in production, and not after the admission of alcohol. In this case, the drunken state comes unsightened, therefore, and there can be no recovery on this.

How to establish relationships with the employer?

Managers are mostly ordinary people. The easiest way to guilty employee is to try to negotiate, peacefully resolve the problem.

Take or not to take alcohol, every adult man decides himself. However, the question, to drink or not to drink not workplace, should not arise at all. And if the problem of abandoning alcohol is not solved by a simple volitional effort, then more efficient measures are needed. In this case, it is necessary:

• realize that the problem of alcohol abuse is and is fraught with a multitude of unpleasant consequences;
• wanted to solve this problem;
• appeal to a narcologist, to be examined;
• take a course of treatment.

It is possible that drug physician will prescribe medication. Means preparations for disgusting to alcohol. When using such drugs in the liver, the production of special enzymes that split ethanol is stopped. As a result, the reception of alcohol turns simply by terrible well-being, in the greatest cases, death may even come. Applying such treatment is necessary with the complete awareness of the consequences of the alcohol disruption. But such therapy is a good reason to establish relations with the employer. Even before the arrival of drugs, you can bring a certificate about. The bosses may well appreciate the efforts of the employee and refuse the thought of his dismissal. However, it is still not worth counting on the further tolerance of managers.

The article of the Labor Code for drunkenness does not specify the degree of persistence of the employee. Even the only arrival at the work of the subwear can be a reason for dismissal. What will happen then? Difficulties with search for new work, stress, financial problems. Perhaps the more than a successful career will be interrupted. All these potential negative consequences of drunkenness at work should be assessed very carefully. And to adopt the only correct decision: work is to work - alcohol is prohibited.

Attention!

Information in the article is exclusively information and is not instructions for use. Consult your attending physician.

The dismissal of "drunkenness" is a rather troublesome procedure accompanied by the publication of numerous acts, certificates confirming the finding of an employee in a state of intoxication. Most of the personnel consensuatively fear of the consequences of dismissal on this article, because for the employee, entry in the employment record on the termination of the employment contract on PP. "B" paragraph 6. Part 1 of Art. 81 Labor Code of the Russian Federation - stigma for the rest of the labor life. Probably, therefore, there are so many lawsuits from persons dismissed on this basis on the restoration of or changing the recording in the employment record. Properly decorated documents - a guarantee that the lover of hot drinks will no longer appear in your organization.

Arguments, Facts, Acts

What if you found your employee in an unbearable state in the workplace? Most personnel service specialists will answer that you need to run to the doctor, because The main proof of being in a state of alcohol intoxication is a medical conclusion. But before proceeding to design dismissal for drunkenness, it is necessary to clearly determine that the drinking of alcoholic beverages occurred on "work", i.e. The workplace of the employee or territory of the organization is an employer or an object, where, on behalf of the employer, an employee must fulfill the labor function, and during working hours. The dismissal of lovers to "figure out three" in the workshop or their office at the end of the working day or shift, alas, will be recognized illegal. So, we begin to fix the facts on paper and evidence of the emergence of an employee in the state of alcohol intoxication during working hours.

In paragraph 42 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the applications by the courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter - the Decree) states that alcohol or narcotic or other toxic intoxication can be confirmed both by medical conclusion and Other types of evidence that should be appreciated by the Court are appropriate. Thus, medical examination and conclusion is not the most important document when fixing the state of alcohol intoxication. A competent act about the appearance of an employee at work in a state of alcohol intoxication, the act of refusal to pass a medical examination, witness testimony - all this will be the basis for removing the defendant employee, and then for his dismissal on PP. "B" paragraph 6. Part 1 of Art. 81 TK RF, even though the medical examination as such was not carried out. Especially since often the foster workers themselves refuse to conduct medical manipulations in their respect.

If an employee appeared at a drunk work, the employer or his representative must first of all fix the fact of finding an employee in a state of alcohol intoxication. To do this, you should correctly compile the corresponding act.

The "author" of the act on the emergence of an employee at work in a drunken form can be any official controlling the observance of labor discipline: from a personnel specialist to the direct supervisor of the employee. Regulatory acts do not provide a unified form of this document, so each organization develops it independently. In order to avoid problems in the future, if this happens, in the act (see Appendix 1), you must specify the following information:

Signs of alcoholic intoxication:

• alcohol smell of mouth;
• instability poses;
• violation of speech;
• pronounced finger trembling;
• sharp change in the color of the face of the face;
• the behavior that does not match the situation;
• the presence of alcohol in exhaled air, determined by technical means of indication, registered for use for medical purposes and recommended to conduct a medical examination of an employee to intoxicate.

• place of compilation, date, time (the more precisely the facts will be, the better, time can be specified up to minute);
• surname, name, patronymic and position of an employee who has compiled a document;
• surnames, names, patronymic and positions of workers who were present in the compilation of the act;
• description of signs of intoxication of the employee, on the basis of which the compiler of the act concluded that the employee's drunk state;
• signatures of the compiler of the act and witnesses.

In preparing such an act, there may be a problem with the description of the signs of intoxicating an employee, because the assessment of its condition will be carried out not by medical professionals. There are curious cases when, for example, the employer is confident that an employee is drunk, and he in fact simply adopted a medicinal herbal tincture (mother-in-law, Valerian or others). Therefore, a comprehensive assessment of the signs of the state of alcohol intoxication of the employee should be carried out. For this, it is possible to use the criteria listed 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 of Inxication". Despite the fact that these criteria are designed to determine the state of vehicle drivers, they are applicable to representatives of any specialty. If the employee is actually treated with healing alcohol-containing tincture, it must have appropriate evidence.

On practice

The plaintiff K. appealed to the court with a claim to OJSC Aeroflot - Russian Airlines on the recognition of the order of dismissal on PP. "B" n. 6 h. 1 Art. 81 TK RF illegal, restoration at work, payment for the time of forced absenteeism, compensation for moral damage. It believes his dismissal illegal, because in a state of alcohol intoxication in the workplace was not available, due to poor well-being, drugs were forced to accept, including the hawthorn and Valokordin. By the decision of the Golovinsky District Court of Moscow of August 22, 2012, it was denied claims in meeting the claims. The appeal definition of the judicial board on civil cases of the Moscow City Court dated 16.05.2013 The above decision was left unchanged.

Considering the dispute, the court of first instance correctly established the factual circumstances to matter and gave them a proper legal assessment. So, the court found that<дата> The parties entered into an employment contract, according to which K. was accepted. Order of OJSC Aeroflot - Russian Airlines of April 25, 2012 No.<…> The employment contract with K. is terminated for the appearance at work in a state of alcohol intoxication in accordance with PP. "B" n. 6 h. 1 Art. 81 TK RF.

The court found that K. during his work shift 04/03/2012 at 07 hours 50 minutes. It was at its workplace in a state of alcohol intoxication, which is confirmed by the act drawn up by the head of the GOB OB, the protocol of the medical examination of K. to establish the fact of drinking alcohol and the state of intoxication of 03.04.2012, compiled at the Moscow Scientific and Practical Center for Narcology, where it was delivered For survey, pass which refused.

Refusing to satisfy the claims, the court, examining and assessing the evidence collected in the case, came to the conclusion that the employer had grounds for the dismissal of the plaintiffs on the grounds of PP. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation, since it did not refute the status of alcohol intoxication reflected in the employer's act, and did not provide evidence of admission to the specified period of time of medicinal alcohol-containing drugs.

The grounds and motives for which the court of first instance came to such conclusions, as well as the evidence taken by the court into account, are detailed in the motivation part of the decision, and there are no reason to consider them wrong (the definition of the Moscow City Court of 20.09.2013 No. 4G / 4 -9746).

A drunk worker needs to be familiar with the act, and he must put a signature confirming his acquaintance with this document. But most often from a drunken employee it is impossible to achieve an understanding. In this case, the act should be made a mark that the employee refuses to sign the document, or indicate its condition that does not allow him to understand what is required of it, so it is impossible to familiarize it with the act on the day.

In no case should not be forced an employee to pass the medical examination and apply force if it refuses. The basis of the refusal to pass the medical examination specified by the employee is fixed in the new act, which is drawn up according to the same rules and, taking into account the same information as the act of finding it in a state of intoxication, or this can be reflected in the first act. The act of refusal to the medical examination is provided to an employee for familiarization: he either puts his signature, or refuses to sign, which must also be recorded in this document.

In addition, as evidence of the employee at work in drunk can be:

• testimony of witnesses (for example, other employees of this organization, representatives of the security service);
• reporting notes, which also records the behavior and state of "guilty";
• doctor's testimony if the employee agreed to conduct a medical examination.

The fact that the medical conclusion is not the most important document in such cases, confirms judicial practice.

On practice

L. worked as a ticket cashier and was dismissed on PP. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation (for a single gross violation by an employee of labor duties - the appearance at work in a state of alcohol intoxication). From the act of 17.08.2011, compiled by the head of the Kiev Destination of JSC Central Suburban Passenger Passenger Company, K. I., as well as employees of the Chop Fortress M., W., It follows that at 03 h. 45 min. In the building of the Kiev Station in the ticket office of the suburban hall of Ticket Cashiers L., Ya., O., Sh., G., E. were in the workplace in a state of alcohol intoxication. This state was determined by the following signs: the smell of alcohol, unsure gait, muddy eyes, incoherent speech. In accordance with the release of the magazine registration of outpatient patients of the medical center of the Kiev Station for August-September 2011, 08/17/2011 Duty doctor K. M. and the attendant Feldscher V. in the period from 04 h. 10 min. Until 04 h. 55 min. Took with the help of an AG-1200 test apparatus for alcohol at the Ticket Cashiers L., Ya., O., Sh., G., E. In all workers of the sample on alcohol turned out to be negative. According to the act of 08/17/2011, employees L., Ya., O., Sh., G., E. Driving a medical examination refused. According to the Protocol of the Operational Meeting at the Deputy General Director for Passenger Transportation of the Central Suburban Passenger Passenger Company OJSC from 18.08.2011 No. 77 / Tsok, employees Ya., Sh., G., E. The fact of drinking alcohol by all tickets confirmed, L. Cashira , A. This fact challenged. The court of first instance, making a decision on the case and restoring L. at work, indicated that a medical examination conducted in the medical station of the Kiev Station, the fact of drinking alcoholic beverages by ticket casses L., Ya., O., Sh., G., E . Not confirmed, witness testimony are estimated and inconsistent, in connection with which sufficient grounds for attracting L. to disciplinary responsibility in the form of dismissal on PP. "B" n. 6 h. 1 Art. 81 TK RF for the employer did not exist. The judicial board considered the conclusions of the Court with the erroneous, contradictory substantive law and not relevant established circumstances of the case. During the consideration of the case, preference to the results of a medical examination 17.08.2011, the court of first instance did not take into account that it cannot be admissible proof, because The survey is made with rude violations of the temporary instructions on the procedure for medical examination to establish the fact of drinking alcohol and the state of intoxication approved by the Ministry of Health of the USSR 01. 09.1988 No. 06-14 / 33-14, currently operating. According to the indicated instruction, a medical examination to establish the fact of drinking alcohol and the state of intoxication is made in the specialized offices of narcological dispensaries (departments) by medical dispensing psychiatric professionals or in medical and prophylactic institutions with physiciatric men of narcologists and doctors of other specialties that have been trained as directly in institutions, So with departure in specially equipped cars for this purpose. The sequence of actions of the duty officer K.M. and the Feldshera duty officer V., the procedure for conducting a medical examination and paperwork the above criteria are not responding, respectively, an extract from the journal cannot be a sufficient basis for the conclusion about the absence of signs of alcohol intoxication from L. 17.08.2011. The testimony of witnesses not in service or other dependency on the defendant, warned about criminal liability, is fully consistent with the testimony of employees of the Central Suburban Passenger Company OJSC<…> And in the aggregate with acts of 08/17/2011, the protocol of the operational meeting of 08/18/2011, other written materials of the case confirm the fact of finding L. in the state of alcohol intoxication 17.08.2011. Taking into account the above evidence, the judicial board concluded that the state of alcohol intoxication of the plaintiff was confirmed, and the employer had sufficient grounds for bringing it to disciplinary responsibility (the appellate definition of the Moscow City Court of July 26, 2013 No. 11-23618 / 2013 ).

Removal from work

In the state of alcoholic intoxication of the employee must be removed from work. This requirement to the employer is indicated in Art. 76 of the Labor Code of the Russian Federation, because if the employee did not remove from work, the leader is responsible for the consequences that have arisen in connection with the execution of the employee of labor duties in a state of intoxication. In the same article, the Labor Code of the Russian Federation presented the order of removal from work.

The removal from the work is issued by the order (order) of the head of the department to which the employee relates, or the head of the organization (see Appendix 2). Despite the fact that when dismissing PP. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation does not matter whether such removal was made, the presence of an appropriate order, together with other documents, will be an additional basis that provates the employer's position, according to which the worker was in a state of intoxication.

Dismissal as a measure of disciplinary recovery

All of the above acts, medical conclusion, report notes are the basis for imposing on an employee who appeared at work in a drunken form, disciplinary recovery. The procedure for applying disciplinary penalties is presented in Art. 193 TK RF. Recall the basic rules:

• disciplinary recovery is applied no later than one month from the date of the detection of the offense. At the same time, no time of the occasion of the employee nor the period of his stay on vacation is not taken;
• before applying disciplinary recovery, the employer must request a written explanation from the employee.

It is also necessary to take into account that, according to Part 5 of Art. 192 of the Labor Code of the Russian Federation, with the imposition of disciplinary recovery, the severity of the offense and the circumstances under which it was performed should be taken into account. Therefore, we should not immediately, without sobering in the situation, dismiss the employee. If he is responsible, competent, and his misconduct did not lead to serious consequences, perhaps it makes sense to limit the comment or reprimand.

In any case, it is necessary to claim a written explanation in the guilty. It happens that the employer asks to provide him in orally, and the worker as orally refuses. The employee is dismissed on PP. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation, and already in the court proceedings on restoration at work as an argument of illegal dismissal, a former employee refers to the fact that the head did not even ask for the reasons and circumstances, which is absolutely necessary in accordance with Part 5 of Art. 192 TK RF to assess the severity of the perfect misdeed. To protect yourself in the future from this kind of false accusations, it is recommended to require an employee to explain in a drunk way by handing him a written notice (see Appendix 3), where you should also specify a time limit (two working days), during which an explanatory note should appear from employee. If after two working days it will not provide the specified explanation (or refuses to provide a notice), it is also necessary to compile an appropriate act (part 1 of Article 193 of the Labor Code of the Russian Federation).

The written explanation of the employee is an important document that takes into account the courts, making decisions on the illegal dismissal for the emergence of at work in a state of alcohol intoxication, which is confirmed by judicial practice.

On practice

By order of 29.05.2012 No. 3-111 / 1l, the Master of Construction and Mounting Works K. was attracted to disciplinary responsibility in the form of dismissal on PP. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation in connection with a single coarse failure to fulfill its official duties expressed in the appearance of K. in the workplace in the state of alcohol intoxication 24.05.2012. K. appealed to the court to the company "Indtek Energostroy" on the recognition of the order about the dismissal of illegal, recovery at work, the recovery of wages during the forced absenteeism in the amount of<…> rub., Moral harm compensation in size<…> rub.

K. considers dismissal on PP. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation illegal, since the medical examination was carried out with a violation of the established procedure, imposing a disciplinary penalty in the form of dismissal, the employer was not followed by the procedure for its application established by Art. 193 Labor Code of the Russian Federation. Allowing the stated requirements, the court of first instance concluded that the employer had grounds for termination with the plaintiff of an employment contract based on PP. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation, since the plaintiff was at working time on May 24, 2012 at 09 30 minutes. In the workplace - in the premises of Programmer at the site in the village. Sivaki and was in the state of alcoholic intoxication.

This conclusion of the court is confirmed by the act of 24.05.2012 No. 3, compiled by the Master of the Plot S. E. (LD 93 Volume 1), where signs of alcoholic intoxication of the plaintiff are reflected - the smell of alcohol, disruption of coordination of movements, instability poses, and medical acts Examination of the plaintiff dated 24.05.2012 on the subject of alcohol intoxication, composed of the ambulance hospital of the hospital. Sivaki M., confirming the fact of Alcoholic intoxication K., with which the plaintiff was acquainted on 24.05.2012, did not have the comments to the act (ld 97 volume 1). Evidence refuting the conclusions of the court, the plaintiff did not provide. The court decision in this part plaintiff will not appeal.

Checking the procedure for the dismissal of the plaintiff, the court of first instance came to the conclusion that the requirements of Art were violated by the employer. 193 of the Labor Code of the Russian Federation - the employee did not exercise written explanations of the circumstances of the perfect disciplinary misconduct. Thus, the court found that the plaintiff was proposed on 24.05.2012 to explain the fact of being in a state of alcohol intoxication at the workplace 24.05.2012 (LD 108 Volume 1). The court did not accept as evidence to the refusal of the plaintiff to give a written explanation on the fact of the appearance in the workplace in a state of alcohol intoxication of 26.05.2012, concluded that 05/26/2012 was a day off, so the act could be compiled by the defendant not earlier than May 29 2012, and since such an act was not compiled, then from the employer there is a violation of Art. 193 TK RF.

However, the judicial board could not agree with this conclusion of the court, since it contradicts the materials of the case. Thus, the court that declared the claimant claimed did not take into account the act of 24.05.2012 No. 3 on finding an employee in a state of alcohol intoxication at the workplace, in which K. explained this by the fact that "rested" (ld 93 one). This act was signed, and he had no comments to the act. The content of the act, the plaintiff did not dispute.

In addition, the court did not take into account that before the publication by the defendant of the order of termination with the plaintiff of the employment contract 29.05.2012, two working days took place (25th and 28 May 2012) from the moment the plaintiff was obtained by the claimant for the provision of a written explanation - 24.05.2012 , the plaintiff did not provide an explanation, 28.05.2012 left the base in the village. Sivaki and more did not appear there, which was not challenging the plaintiff during the consideration of the case.

Based on the evidence submitted by the parties, the court concluded that the employer fulfilled the requirements of Art. 193 of the Labor Code of the Russian Federation, the plaintiff gave an explanation in the circumstance in a state of alcohol intoxication on 24.05.2012, indicating in the act of 24.05.2012 No. 3, which he rested. Despite the data of the plaintiff of the explanation 24.05.2012, the defendant provided the opportunity to give detailed explanations, but the plaintiff did not take advantage of his right, which the act of 26.05.2012 was compiled.

At a meeting of the judicial board, representatives of the defendant explained that the workplace of the plaintiff and other database workers in the village. Sivaki coincides with the place of their work, which does not exclude the possibility of drawing up an employee of the Act 26.05.2012.

Since during the consideration, I found confirmation of the fact of K. during working hours in the workplace in a state of alcohol intoxication, the judicial board concluded that in meeting the requirements for the recognition of the order about the dismissal illegal, restoration should be refused, since the employer presented evidence, Confirming the plaintiff a disciplinary misconduct. The measure of disciplinary punishment in the form of dismissal by the employer was chosen taking into account the severity of the offense and the circumstances under which he was performed (the appeal definition of the Moscow City Court of 30.05.2013 in case No. 11-13442).

Order (order) of the employer on the use of disciplinary recovery (in this case, this is an order of dismissal) is announced by the employee under the painting within three working days from the date of its publication, not counting the time of the absence of an employee at work.

The form of an order of dismissal depends on the rules of document management of a particular organization. According to the Federal Law of 12/06/2011 No. 402-FZ "On Accounting", the forms of primary accounting documents contained in the albums of unified forms of primary accounting documentation. By the decision of the State Statistics Committee of Russia of January 05, 2004 No. 1, are not obligatory to be applied from January 1, 2013 in Art. 9 of this law provides that the forms of primary accounting documents approve the head of the economic entity on the submission of an official to which accounting is entrusted. Therefore, organizations are entitled to use the forms of primary accounting documents developed by them on their own. All mandatory details of the primary account document are listed in part 2 of Art. 9 of the above law. However, the use of familiar unified forms This law also does not cancel. Therefore, if organizations are more convenient to fill the unified forms, approved. By the decision of the State Statistics Committee of Russia of January 05, 2004 No. 1, they can also be applied, after approving these samples by order of the head of the organization. An example of registration of the order for the dismissal of the unified form No. T-8 is given in Appendix 4.

If the employee refuses to familiarize himself with the Order (Order) on the dismissal of the painting, then the corresponding act is also drawn up or an entry is made on the order.

Only after the execution of the following actions in the employment record of the employee may be made a record of dismissal on PP. "B" n. 6 h. 1 Art. 81 of the Labor Code of the Russian Federation (see Appendix 5), with which the dismissed should be familiar with the painting, and with a lover of drinking can be parted.

Attachment 1

Sample of the execution of an act on the appearance of an employee in the workplace in a state of alcohol intoxication

Appendix 2.

Sample order of removal from work

Appendix 3.

Sample employee notification about the need to submit a written explanation of the appearance in the workplace in a state of alcohol intoxication

Appendix 4.

Sample order of termination (termination) of an employment contract with an employee (dismissal)

Appendix 5.

A sample of writing to the employment record of the employee about the dismissal on PP. "B" clause 6 of the first Art. 81 TC RF

E Katerina R.oschupkina - Expert Journal "Kadrovik"

The traditions of our society do not reject the possibility of drinking alcohol even in the workplace. Sometimes the initiative to note some kind of event champagne comes from the very bosal. However, this does not mean that the employer will favorably look at the regular drunken state of the collective or its individual representatives. Most likely, a "passing" employee will threaten, and possibly dismissal for drunkenness.

Acts and laws regulating the issue

Workers who were caught on the territory of the enterprise in a drunk, and also documented this fact with witnesses, it's time to meet PP. b) clause 6 of Article 81 of the Labor Code of the Russian Federation. It says that intoxication is richly disruption of labor discipline. And, it means, with dismissal from work on this article of the Labor Code, you can not pull, but to arrange it in the shortest possible time.

Since the code does not lead to a step-by-step procedure for dismissal in a situation with alcohol consumption, many courts act on the basis of the Resolution of the Plenum of Sun No. 2. It says that it is possible to part with an employee, even if he drank not at his workplace, but in the territory of the enterprise, but necessarily during working hours.

If the gatherings with alcohol are organized after the end of the shift, then under Art. 81 TK RF This case does not fall. But even then the actions of the hired person are illegal, since they are an administrative offense (Article 20.20 and 20.21 of the Code of Administrative Offenses of the Russian Federation), and may entail the imposition of a fine. Employment of the Ministry of Internal Affairs can be embodied in life.

The importance of medical examination

To give an unequivocal and qualified answer about whether the employee was really at work in a drunken state or simply shed alcohol-containing liquid, only doctors can only. Moreover, only the conclusion from the drug dispensary will be legally considered, the opinion of a private doctor or clinic may be questioned.

It should also be borne in mind that the state of intoxication in medicine has a numeric dimension. Clinically sober consider a person whose blood is less than 0.5 ppm alcohol. This means that an adult man of medium-sized physique can drink a glass of vodka and the doctor will not fix the reasons in the act for dismissal for the appearance of a drunken state, although the smell of alcohol from the employee will definitely be.

How should a medical examination be carried out?

To progress in case of a labor dispute with an employee who immediately begins to look for ways to avoid fair punishment, it is better to make a situation correctly and send a subordinate to examination. It is necessary to do this in writing, in the form of directions on a branded letterhead with the print and signature of the head, indicating the reason for the survey. Even if a person refuses the trip to the hospital, in the document you can put a mark about it and assure it with witnesses.

If a worker himself wants to prove his right point, he may not wait for the letter from the leadership, but to go to the narcology itself. To obtain a reference, he will need a passport.

Is it possible to dismiss without a medical examination?

Many are convinced that the conclusion of physicians is an integral stage of the dismissal procedure for drunk. However, the Supreme Court of the Russian Federation does not share this position. In his opinion, it is possible to issue a calculation without reference, but if there are other evidence of the guilty actions of the hired person, which can be unequivocally evaluated in the process of judicial review of the labor dispute.

It will be enough simple testimony of witnesses or records from video surveillance cameras, no one will say in advance. This means that the chance to challenge the actions of the authorities and to recover in the position of the dismissed for the appearance in a drunken state is always. A guarantee in this matter can only be given correctly conducted medical examination and the conclusion of a doctor.

Order of dismissal

The termination of the employment agreement always requires strict compliance with intuitive step-by-step instructions. But in case of dismissal at any point of Article 81 of the Labor Code of the Russian Federation, it becomes vital.

Will be certified by several persons

In a situation with drunkenness without witnesses, the head can not do. Any member of the team and even a random visitor or client can become them. The main condition is the disinterest of a witness, its objectivity and, of course, a sane condition.

Since the dismissal procedure is not easy and, by itself, implies the emergence of conflicts, then perhaps the help of third parties to the employer will have to look for more than once. At each stage, this can be both the same people who attended when establishing the fact of drunkenness and new participants.

Employee Removal

An employer who collided with such behavior in the team should be remembered by a few more points that result from the appearance of a person in a drunken form:

• the specialist should be removed from the fulfillment of his duties, Art. 76 TK RF;
• conduct medical examinations for those workers who should be allowed to work only after communicating with the doctor, it is necessary before the work shift;
• in the case of emergency, during the fulfillment of labor functions, you need to send a person to the hospital if in the intended state of intoxication he caused damage to the company or injured himself, Art. 229.2 TK RF.

Create an act about the emergence of an employee in an inappropriate form

The Labor Code does not insist on the obligatory examination of the employee who is charged with the impression of a drunken form. There are many court decisions that confirmed the correctness of the leaders who dismissed employees for drunk at work.

Despite this, the act of rude violations should be compiled so that the controlling bodies have no doubt about its objectivity. The procedure for its preparation or sample law is not established, but there are several points that need to be taken into account those who want to know how to make such important paper.

First, you need to identify all participants in the situation and their location, date and time of what is happening. Secondly, lists the facts that allow one to unambiguously qualify the worker drunk. This is the most difficult task, since the same feature can be caused by both alcohol and quite innocent reasons:

Signs of intoxication	Possible objections to the "under the fly"
Non-hardy walking, hand shake, shine eye	Fatigue, excitement, fright and stress from attacks
Characteristic smell	Reception of alcohol-containing mixes, diseases of the gastrointestinal tract, in which uncharacteristic body aromas may appear
Redness of the skin, increased sweating	Increased indoor temperature, overlooked warm clothing, enhanced arterial pressure
Inside speech, distortion of fault	Strong emotions and loss of self-control
Pulsa failure	Cardiovascular Diseases, Tachycardia or Banal Stress
Non-standard reaction to what is happening and the effect of external stimuli	In general, it can be written off for anything, the concept of the standard has its own

Dismissal for drunkenness can be carried out without attracting physicians, on the basis of eyewitness conclusions, paragraph 42 of the Resolution of the Plenum of Sun No. 2.

Medical examination

Dismissal on the article, in itself, causing, and if they write in the order, that everything happened because of alcohol, then the employee threatens long and unsuccessful search for an acceptable position. That is why the negative conclusion of a narcologist more needs to be a hired face, since it can be expelled for the appearance in a drunken form and without the involvement of a doctor.

Nevertheless, the employer is better in writing to offer an employee to surrender and provide a certificate from the hospital. If the drunken employee failed to convince the need to visit the medical institution, then to make him make the bosses are not right. The unwillingness of the employee is drawn up and signed by two eyewitnesses.

Explanatory from employee

Each employee has the right to explain its behavior or proudly silent. As for the employer, he is responsible for him not only to provide an employee to justify, but not to customize it within two working days.

Procedurally it will look like this:

1. After drawing up an act on a drunken form, the guide offers an employee.
2. If he refused even from acquaintance with the proposal, then he is read out loud in the presence of two disinterested persons (the ability to make an act).
3. Regardless of the consent of the person, it is better to wait two days, in case the employee change his mind.
4. Consideration of the arguments or apologies set out in the explanatory and the adoption of the final decision (by the Commission or solely by the boss).

The proposal of the leadership of the specialist of his own vision of the situation may be oral, but, in case of refusal, it may seriously complicate the case if the dismissal on the article for drunkenness will be challenged in court.

The termination of the employment contract on any basis can be issued using the unified T-8 form. Specially look for a sample order, if the reason for its design was the dismissal for drunkenness, it will not be necessary. In the category "Basis", the reason for the employee is the reason for termination of labor relations with him and paragraph 6 of Article 81 of the Labor Code of the Russian Federation.

If the fact of drunkenness was not solid, then in this line you can clarify the repeated gross violation of the working discipline. You can make a similar addition, only when all such cases have been actified in the prescribed manner. If earlier the authorities preferred to look at such behavior through his fingers or attempted oral influence, the employee will fully successfully be able to challenge in court.

There should be no more than 30 days between the date of detection of the fact of drunkenness and the date of registration of the order. It is so much time that the employer gives the Labor Code in order to determine the fate of the employee, Art. 193 TK RF.

Recording in the employment record

As soon as the order of dismissal saw the light, he was notified about its content (it is necessary to be done under the signature or inactivate the refusal to attract witnesses). After this, the base line from the order of the head is listed to the Labor Book Pages.

In order not to give a reason to challenge the actions of the employer, the personnel is better not to show their creative potential and not make changes to the wording: supplement, reduce or adjust the cause of dismissal and article TC.

If you defend the right to a more loyal entry in the employment record, the employee failed, then it may have difficulties not only with further employment. Employment Act No. 1032-1 does not contain a ban on the recognition of a person unemployed, regardless of which article was the basis for calculating. But its norms (Art. 34 of the Law 1032-1 FZ) allow you to suspend the payment of benefits for the next few months to those who are dismissed for being in a working place in a drunken state.

Is it possible to challenge the order about the dismissal on the article for drunkenness and how?

It is possible to fight non-compliance with your own labor rights. Moreover, if the conclusions of the boss biased or are frankly false. The most loyal way to dispel all doubts is to agree to conduct a medical examination, and if it is not suggested, even even demanding it.

If the dismissal for drunk is only a pretext to get rid of an uncomfortable specialist, and for this use unclean methods, then it is necessary to look for flaws in the conducted procedure. All gaps of leadership will be proof of employee innocence in court.

Those who are confident in their own rightness and is looking for a way to challenge dismissal under the heater for drunkenness, you need to draw the attention of the judges to the following possible non-promotion:

• the employer amounted to an act of intoxication, but did not remove from work (Art. 76 of the Labor Code of the Russian Federation) and did not propose to undergo a medical examination;
• none of the document there is no signature of the employee, but only acts of refusing to the pains of witnesses (especially if in all cases it is the same people, and moreover, interested or related to the boss);
• the decision on dismissal is accepted alone, without making a medical conclusion and excluding an employee's explanation.

The reasons for appealing to the prosecutor's office and the court can be much more, but to expect a positive decision of the case a person can only if the fact of intoxication was installed incorrectly or there was not it at all.

Dismissal for drunk is one of the greatest articles in labor legislation. Such a record can forever close the way to some companies and serious posts. In fairness, it is worth saying that we use PP b) clause 6 of Art. 81 TC, mainly in the most extreme cases when the employee's behavior comes out for all reasonable frames.

Lawyer of the Board of Legal Protection. Specializes in the conduct of affiliates related to labor disputes. Protection in court, preparation of claims and other regulatory documents into regulatory authorities.

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. Otherwise, the 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 the poor statement of the 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 details information about the emotional state of the 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, the results of laboratory studies should be present in the act. 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"

The current version of the Labor Code - from July 1, 2017, dismissal on an article for drunkenness Not undergotiated since 2006. Regulated clause 6, Art. 81 TK RF, subparagraph "b". Today, according to this subparagraph, you can dismiss the employee who appeared in the workplace or the territory of the enterprise is not only in a state of alcohol intoxication, but any other (narcotic, toxic, another question, which is more difficult to detect and prove).

Note! According to the law, you do not need to be a "finished alcoholic" to say goodbye to work. To obtain the calculation, it is enough to appear at work drunk once.

Dismissal for drunkenness - a procedure having an employee of extremely negative consequences often becomes the basis for counterclaims by a former employee and court proceedings. Therefore, it is important to observe all the procedural moments according to the Labor Code, consider them.

How is the procedure

For dismissal for drunkenness, the consent of the trade union is not necessary - there is enough intention of leadership and properly executed documents. An exception is a person who has not reached the age of majority. According to Article 269 of the Labor Code of the Russian Federation, in this case, the consent of the bodies involved in juvenile affairs are required. Who else can be fired when the appearance at work is in a state of alcoholic intoxication?

Pregnant woman (they are fired only in several grounds: the liquidation of the organization, the Agreement of the Parties, at the request of the employees herself).

If the incident happened during the period, which is not a worker according to the production calendar. That is, the dismissal for drunk on the corporate party, held on the official festive day, is impossible.

If there is no intent or criminal negligence in the behavior of the employee. For example, the situation where the worker has hit the vapor toxic substances, performing official duties, or never "used" and felt bad after the first glass on the buffet - in this case there is no offense. In connection with such a intoxication, the dismissal is unacceptable.

Inspectorating the state of intoxication is the most difficult, since the question is not legal, but medical. It is regulated by law, but in practice for many employers it turns out to be too complicated. After acquaintance with the procedure, they no longer mature, how to dismiss the employee and for what article - it is better to fully implement everything with a minimum of hassle. It is in hand to the staff itself and gives good chances to agree.

Attention: The head has the opportunity and right, but not the obligation to dismiss the drunkenness. If the guilty admitted misconduct and undertakes to continue to abide by the norms of decent behavior, is a valuable frame, it is possible to compromise. In some cases, the employee can write an application for dismissal at his own request. Many managers prefer to sign it, rather than arranging a Volokut with acts - in this case, the dismissed will be dismissed to avoid a non-resident recording, which will affect his further career.

The importance of medical examination

The subordinate never came to work drunk, but it happened that all signs are obvious. He was drunk, or felt very badly? How determines the presence of alcohol in the blood? It should be understood that intoxication needs to be proved from a medical point of view. Many of the external signs (inadvertent speech, awkward movements, glitter eyes, inadequate behavior) are possible in the following states: stress, disease, poor well-being, the side effect of prescribed medicines.

The smell of alcohol in itself is not proof, maybe an employee inadvertently overturned the jar with medical alcohol or it is forced to rinse the sick tooth after visiting the dentist.

The concentration of alcohol in the blood is determined in the PROMILL. There are five stages of intoxication, light is 0.5 to 1.5 ppm, heavy, fifth - from 5 to 6. But external manifestations are too indisuitive.

It is noteworthy: Article 81 of the TC is formulated so that it is impossible to get rid of the employee who "uses" at work is impossible, it is necessary that it is in an inadequate state. That is, to calculate for drunkenness in the workplace, even if we saw ten witnesses, as their colleague pours himself a glass and drinks it, it is impossible. It is necessary to prove that this wine glass had negative consequences.

Despite the importance of medical detention, the Labor Code in the opinion of the Armed Forces of the Russian Federation does not oblige him to conduct. The procedure for dismissal does not necessarily imply the presence in the package of documents of the Medical Protocol. The court can stand on the side of the employer and without it, the main thing is that other evidence is convincing. In court practice there are precedents when the dismissed tried to challenge the dismissal for a drink, arguing that he did not conduct a medical examination against him, but the court found the witness of eyewitnesses, the labor appearance of the employee to the precedent and the compiled act, recorded a case sufficient evidence.

How to conduct medical examination

Dismissal on an article for drunkenness does not have to be accompanied by medical examination, but if it was decided to hold it exclusively according to the rules, otherwise its results are easily disputed in court and even can be rotated against the employer. The instruction that must be followed was approved in 1988 (edited by 12.08.2003). The full name of the document: Temporary instructions on the procedure for medical examination to establish the fact of drinking alcohol and the state of intoxication. Just below, the most important points are distinguished:

• Direction for inspection - within a day. Later - no longer makes sense.
• Not only the head can be sent, but any other citizen who wants to protest the compiled act, which fixes the fact of appearance at work in a drunken form.
• An employee can go through the procedure on his initiative, if he considers the act unfair and wants to have proofs in the hands.
• During the direction, the guilty in the offense should be notified of his right to refuse the procedure.
• At the same time there should be at least 2 witnesses.
• The rejection of the procedure is issued as an act, the signatures of the head and two witnesses (at a minimum) are assigned.
• An employee is sent only to official institutions (drug acquisisance, district hospital, etc.). Perhaps a departure examination in specially equipped cars.
• The doctor reports the reasons that caused a survey.
• With the face that is exposed to inspection, a document certifying his identity should be.
• A narcologist is a protocol in 2 copies. All devices and techniques used by the doctor must be permitted by law. This is a subtle moment - the inconsistency of the technique with the necessary parameters easily appeal.

In the document, the doctor clearly formulates the facts detected. In addition to the extreme: an employee of a sober or is in a state of alcohol intoxication, intermediate is possible. For example, the last examination of the citizen used alcohol, but the consequences did not have, there are no signs of intoxication. There may also be established the fact that visible disorders (gait, tremor, etc.) are a consequence of other reasons, such as health problems. In this case, there is no alcoholic intoxication.

ATTENTION: The ambulance is not conducted by surveying - it is prohibited.

The order of dismissal on the article for drunkenness

What exactly to do if there is no doubt that the worker is in a state of alcohol intoxication? There are a number of events that are universal and should be taken. Not all items described below are mandatory from the position of legislators, but everyone is desirable and will help to avoid the mass of trouble if you have to prove your right thing in court. The order of dismissal on the article for drunkenness:

1. To enlist the evidence of several more persons. Perhaps - colleagues of the guilty of other departments.
2. Remove the employee from work. This moment is not required, but desirable. According to Art. 79 Tk of the Russian Federation, there is such a requirement. It is logical: an inadequate state is likely to prevent the employee to perform labor functions and even harm himself, and the boss himself is responsible for this. An order is made about removal (order). An employee's refusal to sign this document does not affect its action, it comes into force regardless of his desires. Failure is simply necessary to fix the compilation of the appropriate act.
3. Make an act about the appearance of an employee in an inappropriate form. Form - free, you can download ready-made samples. Be sure to be prescribed, in addition to standard details, signs that prove the fact of intoxication. You should specify the time frame of the removal from work, information about the direction on honey. inspection. The document needs to pay attention, it will be the main basis (in addition to the conclusion of physicians), if you have to protect your decision in court.
4. Medical examination. It should be performed according to the letter of the law - exactly as described above.
5. Completely explanatory to the broken employee. You can not always get it from a stratum worker, but preferably. Dismissal for the appearance at work in an inadequate state is precisely a disciplinary sanction (Art. 192 of the Labor Code of the Russian Federation). If you refuse to write explanatory, you should draw up an act.
6. Order of dismissal - it is prepared according to the rules specified below. Term - month from the moment of the incident (Art. 193 of the Labor Code of the Russian Federation). For 3 days - familiarization of the quantity dismissed. He must sign a document. If you refuse, the act is drawn up.
7. Record in the employment record. Personneloviki know how important accuracy is here. The wording may be different, but necessarily includes the cause and mention of Art. - "Subclause" B "of paragraph 6 of part 1 of Art. 81 Labor Code of the Russian Federation. " No cuts.
8. Attention! All acts or refusals of the employee from familiarization with them must have at least three signatures: the signature of the head and two witnesses (indicating their posts).
9. On the day of dismissal, a book is issued, other necessary documents are issued, the final calculation is made according to the law - here the procedure is general, regardless of which the reasons are the dismissal of the employee.

Compilation of order

The order is compiled according to the standard form T-8. Such documents are mandatory contain the following details:

Serial number and date.

F. I. O and Position of the person to be dismissed.

Why fired. The reason is described as briefly as possible, but without abbreviated words. Be sure to refer to Art. TK. This entry is similar to the record in the employment record. Dissolutions are prohibited.

A detailed list of documents that prove the validity of the dismissal is prescribed. In the case of dismissal, an employee for drunkenness is attached: a medical protocol, an act, acts about failures, if the fired refused to sign them.

Requisites of the head, signature: the head dismissed.

Conclusions: dismissal on "non-residential" grounds - one of the most difficult moments for the personnel worker. It is necessary to observe all moments prescribed in the law. Special attention should be paid to medical examination - it must comply with the instructions. If it was decided not to hold it, or the employee refused him, the act will be confirmed, it is important to enlist the support of several witnesses.