Dismissal for drunkenness in the workplace. Dismissal for being intoxicated: algorithm of actions

The appearance of an employee at work in a state of alcohol or other intoxication may result in severe disciplinary punishment and even layoffs. But the employer must act carefully, because the presence of intoxication still needs to be proven. The employee can subsequently challenge his dismissal in court, and the court must be satisfied that there was sufficient evidence to support the reduction.

Subparagraph “b” of the sixth paragraph of Article 81 of the Labor Code of the Russian Federation, edited in 2006, states that coming to work while drunk means that the employee is in such a state not only directly at his workplace, but also generally on the territory of the company or other facility , where he carried out instructions from management.

The intoxication itself - not a legal, but a medical term. Its signs may be, for example, redness of the skin of the face, changes in pulse, tremors of the hands, the presence of a clear odor of alcohol from the breath, and slurred speech. However, much of this can occur in humans when high temperature or as a result of taking medications. This should also be taken into account.

In what cases is it possible?

The law provides for the possibility dismissal of an employee even after his one-time resignation going to work drunk, as this is a serious offense leading to a violation of labor obligations. But the manager may not always lay off all employees who are in this condition.

Persons under the age of majority can be dismissed only after confirmation by a trade union body or a special commission dealing with the affairs of minors and protecting their rights. This is stated in Article No. 269 of the Labor Code.

An employer does not have the right to terminate a contract with a pregnant woman, even if she comes to work drunk. According to Article 261 of the Labor Code, a pregnant woman can be dismissed only in the event of liquidation of the enterprise.

It is also impossible to lay off a worker in hazardous production who has been accidentally intoxicated as a result of toxic poisoning. Such an offense is not subject to punishment, since it was committed without intent.

The mere presence of alcohol in the blood is not a reason for dismissal, since intoxication means its certain concentration in the body. This is 0.5 ppm, which can be determined after drinking 75 grams of vodka or half a liter of beer with a weight of 80 kilograms.

According to the Labor Code, sanctions can be applied to an employee only if he is intoxicated. An employee who was drunk on the territory of the enterprise cannot be laid off in the case when this happened in his absence. work time, for example, after completion work shift, on holidays, weekends, etc.

Options for the development of events

Since toxic or drug intoxication is quite difficult to prove to a non-specialist, it is best to immediately conduct a medical examination of the employee.

The leader must take care about evidence that the employee went to work or was drunk at the workplace. First, a special act must be drawn up, then signed by three witnesses. This document is especially necessary in the case where the employee refused a medical examination, since this refusal is recorded in it. The act also lists the signs by which intoxication was determined.

If an employee behaves inappropriately, fights and makes trouble, then it makes sense to call the police. Police officers can take him to a medical sobering station or to the nearest department. Then additional evidence will appear, which will be recorded in a special report from the police department or in the form of a medical certificate from the sobering-up center.

Representatives may be involved in checking the employee trade union organization, if he is one. The called ambulance team can also record in writing the signs of poisoning with alcohol or other substances by issuing a certificate. But you should call the police or an ambulance only in special cases.

How to detect intoxication?

To draw up an act proving that a subordinate is drunk, the employer must convene a commission of at least three people. It may include the immediate supervisor structural unit, lawyer and specialist responsible for occupational safety and health.

Conducting a medical examination should not violate the law. Only specialists - narcologists or psychiatrists from narcological clinics or other medical institutions - can be invited for examination. You can't call the first doctor you come across. according to an advertisement in a newspaper, since he may not have the appropriate certificate and license for this type of activity. All procedures must comply with the instructions.

Employee has the right to refuse passage medical check, you should not force him to do it against his will. But then a special act is drawn up confirming this refusal.

First required document- this is an act indicating that a person was drunk at the workplace. The form for drawing up the report can be arbitrary, but it must indicate the date, details of the employee and his position, the degree of intoxication, the period of suspension from work, and at the end the signatures of the manager and witnesses.

Another mandatory proof is a medical report signed by medical specialists. Also, the employee must give an explanation when he next appears at work, that is, write explanatory note. All listed documents are transferred for storage to the HR department. The manager may request them for consideration in order to decide on the punishment of such an employee.

Procedure for placing an order

The first thing an employer must do if such a violation occurs at his enterprise is remove the offending employee from work. This - mandatory requirement for the head of the organization. He may be held liable in the event of accidents caused by the presence of an intoxicated person at work.

For proper removal, a separate order should be issued, which can be signed by the head of the entire company or structural unit. Punishable with an order must be familiarized with signature. The time sheet calculates the number of hours worked before the employee was suspended. Also, a special note is made on the report card, meaning that from a certain date the employee was not allowed to work on the basis current legislation, he is also not paid any salary during this period.

If a final decision is made to dismiss an employee, an order is drawn up. It indicates the date, then the document is assigned a number. All information about employment, transfers, and qualifications is also indicated; specific reasons for dismissal and a link to the article in the Labor Code of the Russian Federation must be specified.

The order is given a name, followed by a date and signature. There is an article for dismissal for drunkenness. This is the sixth part of Article 81, namely subparagraph “b”. In accordance with the order, all payments are made to the employee, and a work book is also issued. In this case, severance pay is not provided.

Other types of employee punishment

There are various punishment options that an employer can impose. This:

Dismissal.
Comment.
Rebuke.

When choosing a sanction should be guided by how the employee was characterized throughout the entire period of work in the organization. If he performed well and had no other disciplinary sanctions, then we can agree to terminate the contract by mutual consent of the parties. Sign up for work book dismissal under this article can have a very negative impact on your future career.

The employee may try to prove in court that the procedure was carried out illegally. If there is not sufficient evidence, then it is better for the employer to use a milder method of punishment - a reprimand or reprimand.

Drunkenness or being in a state of intoxication is a very serious disciplinary violation at work, for which punishment is provided. Even the one-time appearance of an employee drunk gives the manager the right to fire him. The entry must be made in the employee’s work book, which practically cancels out his career. But all this requires evidence such as a medical examination. An act is also drawn up, which records the condition of the subordinate. For this purpose, witnesses must be involved.

The traditions of our society do not reject the possibility of drinking alcohol even in the workplace. Sometimes the initiative to celebrate an event with champagne comes from the boss himself. However, this does not mean at all that the employer will look favorably on the regular drunken state of the team or its individual representatives. Most likely, the employee who has “overdone it” will be threatened with, and possibly even, dismissal for drunkenness.

Acts and laws regulating the issue

Employees who were found drunk on the territory of the enterprise, and also documented this fact along with witnesses, it’s time to get acquainted with pp. b) clause 6 of Article 81 of the Labor Code of the Russian Federation. It says that intoxication is a gross violation of labor discipline. This means that dismissal from work under this article of the Labor Code can not be delayed, but can be completed as soon as possible.

Since the code does not provide step by step procedure dismissals in situations involving alcohol consumption, many courts act on the basis of Resolution of the Plenum of the Supreme Court No. 2. It states that you can break up with an employee, even if he drank not at his workplace, but on the territory of the enterprise, but always during working hours.

If gatherings with alcohol are organized after the end of the shift, then under Art. 81 of the Labor Code of the Russian Federation does not cover this case. But even then the actions of the hired person are illegal, since they are administrative offense(Articles 20.20 and 20.21 of the Code of Administrative Offenses of the Russian Federation), and may entail the imposition of a fine. Only police officers called to the scene in a timely manner can carry out the punishment.

Importance of Medical Examination

Only doctors can give an unambiguous and qualified answer as to whether the employee was really drunk at work or simply spilled alcohol-containing liquid on himself. Moreover, only a conclusion from a drug treatment clinic will be considered legal; the opinion of a private doctor or clinic can be called into question.

It should also be taken into account that the state of intoxication in medicine has a numerical dimension. A person whose blood contains less than 0.5 ppm of alcohol is considered clinically sober. This means that an adult man of average build can drink a glass of vodka and the doctor will not record in the report the grounds for dismissal for showing up at work while intoxicated, although the employee will certainly smell of alcohol.

How should a medical examination be carried out?

In order to insure yourself in the event of a labor dispute with an employee who immediately begins to look for ways to avoid fair punishment, it is better to formalize the situation correctly and send the subordinate for an examination. This must be done in writing, in the form of a direction to letterhead with the seal and signature of the manager, indicating the reason for the examination. Even if a person refuses to go to the hospital, this can be noted in the document and certified by witnesses.

If the employee himself wants to prove that he is right, then he may not wait for a letter from management, but go to the narcology clinic himself. To obtain a certificate, he will need a passport.

Is it possible to fire without a medical examination?

Many are convinced that a medical report is an integral stage of the procedure for dismissal for drunkenness. However Supreme Court The Russian Federation does not share this position. In his opinion, it is possible to issue a settlement without a certificate, but if there is other evidence of the guilty actions of the hired person, which can be clearly assessed in the process of judicial consideration of the labor dispute.

No one can say in advance whether simple witness testimony or CCTV footage will be enough. This means that someone fired for appearing drunk always has a chance to challenge the actions of their superiors and be reinstated in their position. A guarantee in this matter can only be provided by a properly conducted medical examination and a doctor’s opinion.

Dismissal procedure

Termination labor agreement always requires strict adherence to intuitive step by step instructions. But in case of dismissal under any paragraph of Article 81 of the Labor Code of the Russian Federation, this becomes vitally necessary.

Obtain testimony from several persons

In a situation involving drunkenness, a manager cannot do without eyewitnesses. Any member of the team and even a random visitor or client can become one. The main condition is the witness’s disinterest, objectivity and, of course, sane state.

Since the dismissal procedure will not be easy and, in itself, implies the emergence of conflicts, the employer may have to seek the help of third parties more than once or twice. At each stage, these can be either the same people who were present when the fact of drunkenness was established, or new participants.

Removing an employee from work

An employer who is faced with such behavior in a team needs to remember a few more points that stem from the appearance of a drunk person:

the specialist must be removed from performing his duties, Art. 76 Labor Code of the Russian Federation;
It is necessary to conduct medical examinations for those workers who should be allowed to work only after communicating with a doctor before the start of the work shift;
in the event of an emergency while performing work functions, the person must be sent to the hospital if, in an alleged state of intoxication, he caused damage to the company or injured himself, Art. 229.2 Labor Code of the Russian Federation.

Draw up a report on the employee appearing in an inappropriate manner

Labor Code does not insist on mandatory examination of an employee who is accused of showing up at work while intoxicated. There are many court decisions that have confirmed the correctness of managers who fired employees for being drunk at work.

Despite this, the act gross violation it must be drawn up in such a way that the regulatory authorities do not have doubts about its objectivity. The procedure for its preparation or a sample is not established by law, but there are several points that need to be taken into account by those who want to know how to correctly draw up such an important paper.

First, you need to identify all participants in the situation and their location, date and time of what is happening. Secondly, list the facts that make it possible to unambiguously qualify the employee as drunk. This is the most difficult task, since the same symptom can be caused by both alcohol and completely innocent reasons:

Signs of intoxication	Possible objections of someone caught “under the fly”
Unsteady gait, trembling hands, glittering eyes	Fatigue, anxiety, fear and stress from attacks from superiors
Characteristic smell	Taking alcohol-containing mixtures, gastrointestinal diseases, which may cause aromas that are uncharacteristic for the body
Redness of the skin, increased sweating	Increased room temperature, excessively warm clothing, increased blood pressure
Slurred speech, distorted facial expressions	Strong emotions and loss of self-control
Pulse failure	Diseases of the cardiovascular system, tachycardia or simple stress
Non-standard reaction to what is happening and the effect of external stimuli	In general, it can be attributed to anything, everyone has their own concept of a standard

Dismissal for drunkenness can be carried out without the involvement of doctors, based on the conclusions of eyewitnesses, paragraph 42 of the Resolution of the Plenum of the Armed Forces No. 2.

Medical examination

Dismissal under the article, in itself, is not pleasant, and if the order states that everything happened because of alcohol, then the employee faces a long and unsuccessful search for an acceptable position. That is why a negative conclusion from a narcologist is more necessary for the hired person, since they can be kicked out for appearing while intoxicated without the involvement of a doctor.

However, it is better for the employer to invite the employee in writing to undergo an examination and provide a certificate from the hospital. If a drunk employee could not be convinced of the need to visit a medical facility, then his superiors have no right to force him to do so. The employee’s reluctance is documented in a document and signed by two eyewitnesses.

Explanatory note from an employee

Every employee has the right to explain their behavior or remain proudly silent. As for the employer, he is obliged not only to provide the employee with the opportunity to justify himself, but also not to push him for two working days.

Procedurally it will look like this:

After drawing up a report of appearing while intoxicated, management offers the employee.
If he refuses to even familiarize himself with the proposal, then it is read out loud in the presence of two uninterested persons (an act of refusal is drawn up).
Regardless of the person's consent, it is better to wait two days in case the employee changes his mind.
Consideration of the arguments or apologies set out in the explanatory note and making a final decision (by the commission or individually by the boss).

Management's offer to present the specialist's own view of the situation may be oral, but if refused, this can seriously complicate the matter if dismissal under the article for drunkenness is challenged in court.

Termination of an employment contract on any basis can be formalized using unified form T-8. There is no need to specifically look for a sample order if the reason for its execution was dismissal for drunkenness. In the “Grounds” column, an unflattering reason for termination of employment with the employee is mentioned labor relations and clause 6 of Article 81 of the Labor Code of the Russian Federation.

If the fact of drunkenness was not isolated, then in this line you can make a clarification about repeated gross violation work discipline. It is possible to make such an addition only when all such cases have been activated in in the prescribed manner. If previously management preferred to turn a blind eye to such behavior or made attempts at verbal influence, then the employee will be able to successfully challenge the extended entry in the work book in court.

No more than 30 days should pass between the date of discovery of the fact of drunkenness and the date of execution of the order. This is exactly how much time the Labor Code gives the employer to decide on the future fate of the employee, Art. 193 Labor Code of the Russian Federation.

Entry in the work book

As soon as the dismissal order has been issued, the offender is notified of its contents (this must be done against a signature or the refusal must be confirmed with the involvement of witnesses). After this, the basis line from the manager’s order is transferred verbatim to the pages of the work book.

In order not to give a reason to challenge the employer’s actions, it is better for HR officers not to show their creativity and not to make changes to the wording: supplement, shorten or adjust the reason for dismissal and the Labor Code article.

If the employee fails to defend the right to a more loyal entry in the work book, then he may have difficulties not only with further employment. Employment Law No. 1032-1 does not contain a ban on recognizing a person as unemployed, regardless of which article became the basis for the calculation. But its norms (Article 34 of Law 1032-1 Federal Law) make it possible to suspend the payment of benefits for the next three months to someone who is fired for being drunk at work.

Is it possible to challenge a dismissal order under an article for drunkenness and how?

Deal with non-compliance with your own labor rights possible and necessary. Moreover, if the boss’s conclusions are biased or outright false. The surest way to dispel all doubts is to agree to a medical examination, and if it is not offered, then even demand it yourself.

If dismissal for drunkenness is just an excuse to get rid of an inconvenient specialist, and unscrupulous methods are used for this, then you need to look for flaws in the procedure. All management gaps will prove the employee’s innocence in court.

Those who are confident in their own rightness and are looking for a way to challenge dismissal under an article for drunkenness should draw the judge’s attention to the following possible inconsistencies:

the employer drew up an act of intoxication, but did not suspend him from work (Article 76 of the Labor Code of the Russian Federation) and did not offer to undergo a medical examination;
there is no employee’s signature on any document, but only acts of refusal with signatures from witnesses (especially if in all cases these are the same people, and even more so, interested or associated with the boss);
the decision to dismiss was made individually, without issuing a medical report and without taking into account the employee’s explanations.

There may be many more reasons for contacting the prosecutor’s office and the court, but a person can expect a positive resolution of the case only if the fact of intoxication was established incorrectly or did not exist at all.

Dismissal for drunkenness is one of the most serious articles in labor law. Such a record can forever close a person’s path to some companies and serious positions. In fairness, it is worth saying that they use clause b) clause 6 of Art. 81 Labor Code, mainly in the most extreme cases, when the employee’s behavior goes beyond all reasonable limits.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and others regulatory documents to regulatory authorities.

Hello! In this article we will talk about dismissing an employee for drunkenness.

Today you will learn:

What is the procedure for dismissal for drunkenness;
At what time can you not be fired for this;
How to record the fact of intoxication.

If an employee is intoxicated at his workplace, the manager has every right to fire him. Another thing is that this procedure has its own nuances, without which the dismissal will simply become illegal. Today we’ll talk about how to do everything right and avoid a negligent employee going to court.

Peculiarities

The issue of dismissal of minor employees caught drinking alcohol is resolved with the participation of the commission on juvenile affairs.

An employee who finds himself in a state of intoxication through no fault of his own is not subject to dismissal. An example of this is a situation where, due to a violation of safety rules, a person breathed toxic fumes and because of this fell into a state close to intoxication.

Registration of dismissal

If the manager decides to terminate employment contract, you need to issue an appropriate order. There is nothing complicated in its preparation; the main difficulty is to familiarize it with the signature of the employee who will be fired.

The order is entered into the personnel register.

After these procedures, the final calculation is made. Pay wages and vacation pay. At the same time, no money is accrued for the period while the employee was suspended from work. The amounts that were paid must be recorded in accounting documents.

At the last stage, an entry is made in the work book and in the employee’s personal card.

This order is not final - it can be challenged in the courts.

How proportionate is the offense and the penalty?

Judicial authorities do not always consider dismissal to be a proportionate punishment for appearing at work while intoxicated. Therefore, the employer must not only take explanations from the employee, but also take into account what his behavior was before the offense, how he related to work in general, and only then make a decision.

Let's look at an example judicial practice for this situation.

Example. The court of the city of T. recognized that the dismissal of citizen O. from work for appearing drunk during working hours was illegal, since:

Citizen O. worked at this enterprise for more than 10 years;
Never violated labor discipline before;
After 3 years, citizen O. must retire;
None negative consequences O.’s behavior did not lead to this.

Thus, before dismissing an employee, assess the situation, make sure that all the conditions for dismissal are present, so as not to end up as a defendant in court. Be sure to consider the employee's characteristics when making a decision.

How to avoid being fired for drunkenness

There are two ways to avoid this far from pleasant procedure:

Discuss the possibility of imposing another penalty at the employer’s discretion;
Quit by at will.

Even in a case where intoxication is proven and confirmed, the employer may not allow dismissal under the article. For example, if a specialist is highly qualified and undertakes in writing not to drink alcohol, he may not be fired at all.

You can impose another penalty, for example, deprive of bonuses by a certain percentage.

Although the second option is the most suitable. In this case, the employer does not need to deal with paperwork, write acts, conduct examinations, and so on. Most often, an employee who expresses such a desire is met halfway and is not fired under the article.

How to challenge dismissal

If the dismissal took place and the employee does not consider himself to be at fault, he can challenge this decision in court within 1 month from the date of dismissal.

When going to court, the dismissed employee encloses copies of documents drawn up by the employer, as well as provide testimony from witnesses who will confirm that he is right.

The legality of the dismissal will be assessed by the court.

Conclusion

In conclusion of today’s conversation, I would like to give a few recommendations for both employees and employers: drinking 150-200 grams of alcohol during working hours is clearly not worth losing your job and ruining your reputation.

Unfortunately, drinking alcohol in the workplace or showing up to work while intoxicated is not that uncommon. The employer has the right to dismiss such an employee, but only after correctly filling out all the necessary papers.

Dismissal for alcohol intoxication is a disciplinary sanction, which is provided for in Art. 81 Labor Code of the Russian Federation. But the fact of misconduct must be recorded correctly, and all documents must also be drawn up correctly. Otherwise, such an employee may sue for illegal dismissal.
If personnel and medical documents are completed incorrectly, the court will recognize the fact that the dismissal did not occur in accordance with the Labor Code of the Russian Federation. After this, the employee is subject to reinstatement to the same position. The employer must pay him wages for forced absence, and in some cases, also compensate for moral damages.

In paragraphs 6 clause 6 art. 81 of the Labor Code of the Russian Federation states that the employer has the right to dismiss an employee for a single appearance at the workplace while intoxicated. But there is a limitation - dismissal for drunkenness in the workplace.

That is, if an employee has already appeared at work in an inadequate state (that is, he drank before the start of the working day) or was seen with a bottle after his shift, then this does not threaten him in any way. The only thing is that if he comes to work in this form, he faces removal from his work functions and a reprimand. If he is noticed after a shift in this condition, but shows up for work in the morning normal, then the employer has no right to apply sanctions against him.

But if an employee drank alcohol (either before or after the start of the working day) on the employer’s premises, this may become a reason for the employer to initiate an internal investigation. Such actions by an employee are a violation of the labor and work process, and can lead to unpleasant consequences with other employees.

However, not all employees can be fired for such a violation. There are certain categories that have “immunity”:

minor worker. Even if he is drunk and there is a medical report, he can be fired only by obtaining written permission from the guardianship authorities or from the labor inspectorate;
It is possible to fire a pregnant woman on this basis, but it is difficult. It is necessary to prove that she was drunk and did not take alcohol-containing medications that her doctor prescribed.

Article of the Labor Code of the Russian Federation for dismissal for drunkenness

Dismissal for drunkenness is provided for in Art. 81 Labor Code of the Russian Federation. But to prevent an employee from filing a lawsuit, it is necessary to comply with all the nuances of such a process.

To do this, it is necessary to correctly identify alcohol intoxication. Impaired speech and movement coordination can cause stress in a person or be signs of an incipient illness. Therefore, it is worth paying attention to other symptoms that are specific to alcohol intoxication. This:

aggressive behavior;
skin the face became red;
dilated pupils;
the employee is talking nonsense;
he began to hallucinate;
appropriate odor from the mouth.

If an employee has these signs, then doctors can be called to record the fact. Only if there is a medical report on the employee’s condition, can the procedure for applying disciplinary action to him in the form of dismissal be continued.

Now you need to complete the documents correctly. To do this you need:

write a report. This is done by the person who found the employee in this state. The note is drawn up in the name of the head of the structural unit or in the name of the director. The purpose of such a note is to inform management about violations of labor discipline. The form of the document is free, but must be written;
management reviews this note and decides to investigate this case. A special commission is being assembled for this purpose. But first you need to issue an order on the convening and composition of the commission. Its members must be at least 3 employees, but these do not necessarily have to be management positions. These can be absolutely any employees of the enterprise;
the commission does not make a decision on to this employee, it only records the fact that he was intoxicated at work. To do this, an act is drawn up that describes in detail:
- present characteristic signs of alcohol intoxication - smell, lack of coordination, etc.;
- the actions he performs;
- other signs that may indicate that he is drunk.
you need to call the doctors. Only they can reliably confirm the state of intoxication. In this case, it is necessary to obtain the employee’s written consent to undergo a medical examination. If he refuses the procedure, it is necessary to draw up a corresponding act. If the employee agrees, then the arrival of doctors or transportation of the employee to a medical facility, as well as all necessary medical procedures, is carried out at the expense of the employer. If intoxication is not confirmed, then the employer has no right to demand compensation for these expenses from the employee. You cannot call an ambulance, since carrying out such a procedure is not their responsibility. Important! The legal limit for blood alcohol is 0.16 ppm. This value may be due to the fact that the employee uses medications containing alcohol or, tritely, drank kvass or kefir. If the alcohol content in the blood exceeds this indicator, then doctors draw up a protocol according to the established form 155/u;
After this, you need to get a written explanation from the employee about what happened. This should be done after it becomes normal. In a state of intoxication, he is unlikely to give intelligible explanations. The employee has the right to refuse to give written explanations. Then you need to draw up another act. If he writes an explanatory note, then it is filed with the act of recording intoxication, which was drawn up by the relevant commission;
Now all documents are transferred to the company management for further investigation and decision-making on the problem.

A director or other person authorized to make relevant decisions may do the following:

dismiss the employee. This happens if drunkenness is systematic;
apply otherwise disciplinary action. As a rule, if an employee is highly qualified and responsible, and his state of intoxication is noticed for the first time, management dispenses with a reprimand.

If a decision has been made to dismiss the offending employee, then a corresponding order must be drawn up. The text of the document lists all detected signs and evidence. You must indicate the full name of the supporting document and indicate the date of its execution. The employee must be familiarized with the order. He must sign it. If he refuses to do this, then a corresponding act must be drawn up, which will be signed by the boss of the dismissed employee and two witnesses.

On the last working day, the dismissed employee receives all his documents, as well as a full payment, which includes:

wages for days actually worked from the beginning of the month until the day of dismissal;
compensation for unused vacation;
severance pay is not required, since the basis for dismissal is the employee’s guilty actions.

He should receive:

his work book, which will indicate that he was dismissed on the basis of paragraphs. 6 clause 6 art. 81 Labor Code of the Russian Federation;
certificate in form 4-FSS;
certificate in form 2-NDFL.

As practice shows, if there is such wording in the work book, it is almost impossible to get a good and paid job again. Therefore, if there is such an opportunity, you need to try to persuade the boss to resign by agreement of the parties or on his own initiative. As a rule, if an employee worked well and had no complaints, employers meet halfway and terminate the contract not “under the clause”. The presence of such wording is a “wolf ticket” to paid work.

If an employee carries out labor functions driver at the enterprise, he also faces dismissal for drunk driving. The procedure for terminating an employment relationship is exactly the same as for drunkenness in the workplace, but here the evidence will be a protocol from the traffic police inspector, a medical examination and a court decision to deprive such a driver of a special right - that is, the right to dismiss vehicle. And since it job responsibilities directly related to the control of the vehicle, then carry out your labor activity he will no longer be in this position.

The basis for issuing a dismissal order will be a court decision to deprive the employee of a driver’s license for a certain period. The driver must be familiarized with this order against signature. If he does not sign the order, then a corresponding act must be drawn up. On the last working day, the dismissed employee receives a paycheck and all documents.

If there is an opportunity to reach an agreement with the employer, it is better to use it and try to quit not “under the article”, but at your own request or by agreement of the parties.

This is the best way out of this situation, especially if the driver has not had such complaints before and has not been a participant in such incidents. After returning your license, you will still be able to get a job as a driver again.