Step-by-step dismissal procedure for drunk. Dismissal for drunkenness in the workplace

Drunkenness in the workplace punishes dismissal. The employer has the right to be released from the post of employee after one violation (paragraph 6 of Art. 81 of the Labor Code of the Russian Federation). The appearance of drunk worker among the machines and mechanisms is a direct threat to life and health not only the violator itself, but also to the entire team, and the technological process. Such an employee threatens dismissal for drunk. Step-by-step procedure includes several stages.

When you can conduct a service proceedings on the fact of drunkenness

The appearance at work in a drunken form is considered a gross violation of labor discipline. It once to come to work drunk so that this time became the first and last. The fate of the employee in such cases is solved by the head, since the Labor Code leaves for the employer the right to make a final decision.

The head chooses the measure of punishment on the basis of a specific situation, the personal characteristics of the guilty and the fact, managed to fix how to require the rules, the fact of violations. If the employer did not have time for some reason, documented misconduct, dismissing the employee is better not to expose.

It is necessary to start a service proceedings only if the violation occurred at work. It means:

1. The violator was at the workplace (passing, the territory of the workshop, etc.)
2. The violator in a drunken form was during working hours. This is the working hours of the employee himself, and not just the whole organization.
3. The violation recorded in the workplace on the day of the ferut, holiday, hospital is not considered perfect at work.

If it was confirmed that there is a place to find an employee at work in a drunken form, it should be documented.

How to fix the state of intoxication correctly

Dismissal for drunkenness in the workplace must be decorated for all the rules. For an unjectiated approach to the use of the most strict measure of the disciplinary recovery of the employer may be responsible, and dismissed will be restored at work.

In order to competently qualify a violation, the employer must during a service investigation to obtain a confirmation of the state of intoxication with medical examination or other evidence. By law, it is impossible to force the employee to undergo a medical examination. If you refuse to examine, you need to make an act, which later, if the dismissed appeal to the court, will become an additional argument in favor of the employer.

Interesting Facts

You need to know that it is not possible to fire for drunkenness or use drugs not all employees. Some categories of workers have benefits in this matter. In particular, according to Article 269 of the Labor Code, it is possible to dismiss the worker less than 18 years for such actions only with the consent of the guardianship or labor inspectorate. It is possible to dismiss a pregnant employee, but only in the case of evidence of its intoxication, and not the use of alcohol-containing medicines.

The actions of the employer only in the case of legal, if it is argued to state the state of the employee as a drunken, allowed at work and is not a consequence of deterioration (for example, an increase in pressure, drug intake, etc.). If the requirements of the law are taken into account when conducting a service investigation, then according to its results, the employee may incur corresponding punishment. In the event of further proceedings, the court will not be able to turn the employer in the illegality of actions and cancel the order of dismissal.

Step-by-step procedure for dismissal

If the employer intends to apply the most strict measure to the violator of the work discipline and dismissed for drunken in the workplace (paragraph 6 of Part 1 of Art. 81 of the Labor Code of the Russian Federation), he must act in order enshrined by the legislator (Art. 193 of the Labor Code of the Russian Federation).

Step 1. The immediate head of the intruder informs a higher officer about the alleged state of the employee.

Step 2. By order of the head, a commission of 3 people is appointed for a service investigation.

If the Commission finds an employee's external signs of intoxication, he is asked to undergo a medical examination. If the employee is refused by passing, the refusal is fixed with the help of an act signed by members of the Commission and witnesses from the number of employees.

In practice, a drunken worker is limited to the use of alcoholic beverages in the workplace. But sometimes in a similar condition, thefts can be performed in the organization or an insult to other employees of the company.

In such a situation, the availability of insults will be recorded in an act, which can be a justification not only for dismissal, but also to bring to administrative responsibility under Article 5.61 of the Administrative Code of the Russian Federation.

If there was a place to be theft of property, then the criminal penalties under Article 158 of the Criminal Code of the Russian Federation will be applied. To file a lawsuit against criminal prosecution and damage to the organization may not later than one year.

Step 3. The employee is removed from work, he is given 2 days to give a written explanation. The removal from work is carried out in an ordinary order. The employee must put his signature on acquaintance with the order. If he refuses to do this, you can not make an additional act about the refusal, directly on the order to make the desired mark and put signatures of two witnesses.

Step 4. The act in an arbitrary form about finding at work is in a state of intoxication. The act reflects:

• time and place of compilation;
• personal data of the Commission members;
• the signs for which the conclusion is made on the state of alcohol intoxication: the smell of alcohol, speech disorders, instability poses, redness of the face, an excited state, inadequate behavior.

Commission members must necessarily specify as much as possible in the act all the signs that took place at the time of drawing up the act.

If there is no appeal after the law (2 days) of a written explanation of a written explanation, an Act is also drawn up.

When all the evidence confirming the fact of finding the workplace in a drunken form collected, the question of how to dismiss the employee for alcohol intoxication, can be considered solved: the employer has the right to publish an order to dismiss the intruder. As a rule, the head applies this extreme measure, if there is no mitigating circumstances. They can be, for example, such:

• the worker never had recovers;
• works in the organization for a long time;
• there were no serious consequences for the production caused by misdeed.

Some facts

The permissible amount of blood alcohol may be available and when making medicines or some food, such as kvass, kefir or serum. In fact, a small number of ppm in the blood will be able to substantiate the need for removal from work only with an unsatisfactory state of health, but there will be no reason for the dismissal and refund of the monetary amounts spent on examination.

Given all the factors, the employer may limit itself to the recovery. In any case, an order is drawn up in a period no later than the month from the date of misconduct.

The order for the imposition of disciplinary recovery in the form of an extinguishing is made up in arbitrary form. Order of dismissal - in form T-8.

The employee's labor book should be recorded with an indication of the basis of the dismissal and reference to the article of the Labor Code of the Russian Federation. The order for dismissal is registered in the registration journal. After the order is published, no later than 3 days from the date of his writing, it should be discharged with it. 193 TK RF).

Full calculation with the employee is made on the day of dismissal. It pays a salary for actually spent time, vacation compensation, if it is put.

Conclusion

The dismissal of an employee in a state of alcohol intoxication should be issued in the procedure provided by law. As a rule, an employee dismissed on such a staining reputation of the article will look for the slightest inaccuracy in the employer's actions to prove the illegality of dismissal and cancel the article.

If the court recognizes the dismissal illegal, the employer will have to pay a salary for all time forced absenteeism, compensate for moral damage, change the basis of dismissal.

If the medical examination was made at the enterprise, the permitted Ministry of Health and Social Development of the Russian Federation Methods and the ways of examination should be applied. Otherwise, the Court does not recognize the proof issued by the conclusion and can recognize the dismissal illegal with all the ensuing consequences.

To get a comment of a lawyer - ask questions below

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.

Compliance with departmental rules of labor regulations is the direct and main responsibility of each employee. At the same time, drunkenness in the workplace is the most serious impairment of production discipline. Similar facts are negotiated in local acts as invalid and entailing the most serious consequences for the employee.

At the same time, the leader is obliged to identify and stop drunkenness in the workplace, since finding a subordinate in a state of intoxication creates a threat to himself and others. Such facts are of particular importance when performing by an employee of hazardous production work.

Dismissal for drunkenness Article Tk RF is the main provisions

Dismissal for drunkenness in the workplace is directly provided by law. The established fact of finding in the workplace is in a state of intoxication is considered as a reason for termination of legal relations with such an employee.

At the same time, a number of features of this procedure should be distinguished:

• Drunkenness in the workplace must be correctly fixed. The employer or the immediate leader of the perpetrator is obliged to send it to a medical examination. Otherwise you can see if the workplace is inxicated, it is impossible;
• The rejection of the passage of the medical procedure is equal to establishing the fact of drunkenness and entails exactly the same consequences;
• It is necessary to terminate the execution by the employee of its official functions;
• After fixing the case and passage of the survey in a medical facility, it is necessary to start a service check.

If drunkenness in the workplace is confirmed, the employer is obliged to take measures of disciplinary impact on the perpetrator. One option is his dismissal.

Dismissal for drunk - Step-by-step procedure

Conditions, how to dismiss the employee for drunk in the workplace must be observed strictly. Otherwise, the subordinate will be able to appeal the decision of the head and it will be canceled on formal grounds, and the guilty person has been restored in position. Therefore, the procedure for dismissal for being inxicated in the workplace should be submitted in more detail:

• It is required to send an employee to examination with witnesses or deliver it to a medical institution with his direct supervisor;
• The certificate certificate must be certified by the seal of a doctor and a medical institution. It must be verified because it is this document that is the most important;
• About the happening, the head of the perpetrator must inform the higher management. To do this, you need to make an office note in which to indicate the fact of drunks in the workplace itself and on witnesses that can confirm this;
• The superior head or directly the employer, begins to conduct an inspection. For evaluation of the situation and its fair permission, eyewitnesses are polled, documents characterizing the person of the perpetrator are collected;
• If the occurrence is confirmed, the employer solves the issue of applied to an employee of a particular measure of disciplinary impact.

Articles of the TK RF provides for dismissal as a punishment. But the procedure can end for an employee not only the loss of work. In the presence of good characteristics, great experience and values \u200b\u200bof the employee, the management may limit both strict reprimand or a warning of incomplete service compliance. The final decision remains beyond.

Order of the dismissal on the article for a drunk - sample

Drunkenness in the workplace is the most gross violation of the law and the intermediaries. Therefore, the employer has the right to stop the work of the face and dismiss it. This is necessarily published by order. As a rule, such an order for dismissal from work combines two provisions - attracting relations to disciplinary responsibility, as a measure of such responsibility.

This sample is decorated according to the provisions of the law and the regulations of office work.

Additional information on how the order is made to remove from work due to alcohol intoxication can be found in this article.

Dismissal on the article for drunkenness - recording in the employment record

Labor book is a reflection of the work of the employee. It includes an indication on the grounds for making a person to work and on the basis for termination of labor relations with it.

The records in the book cannot not comply with the content of the order of the authorities. Therefore, if the basis for termination of legal relations with a person is pP. B p. 6 h. 1 Art. 81 of the Law , Namely, the dismissal for drunkenness in the workplace, then it will be reflected in the book. There can be no other options.

What if they fired under the article for drunkenness?

It is necessary to understand that the employee can take drugs based on alcohol, and not an alcoholic drink. Therefore, the effect of alcohol can be caused by objective reasons. In such cases, the dismissal for the drunkenness of the employee is unacceptable.

It should also be borne in mind that a prerequisite for the implementation of the dismissal procedure for drunkenness in the workplace on the relevant article is strictly compliance with the legislative norms. If the procedure is not complied with, such actions of the leadership should be appealed through the appeal to the prosecutor's office or court.

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.