Explanatory note about drinking alcohol. A report on the discovery of the fact that an employee was drunk at the workplace. About the mistake made
An explanatory note plays the role of an official document and is subject to the rules of business correspondence. This means that it should be written in official language, in a strict and business-like style. The law does not impose strict requirements on the form of the explanatory note, but in practice, it is written by hand or printed on a PC. Large companies have special explanatory note forms that are filled out by an employee if he or she commits actions that violate labor discipline at the enterprise.
How to write an explanatory note correctly?
If an employee skips work or does not comply with labor safety requirements, he is in a state of alcohol intoxication at work, behaves immorally, the law prescribes in Article 129 of the Labor Code of the Russian Federation that the employer must take an explanation from the employee. It is expressed in the form of a written document - an explanatory note. The law does not impose an obligation on the employee to write an explanatory note; it gives 2 days to execute this document. It is logical that an employee who wants to justify his behavior to his employer will write an explanation of what happened.
Writing a note correctly is the employee’s task, since a consistent presentation of the events that happened to him will help his boss make the right decision. Based on the results of consideration of the subordinate’s explanations, the boss makes a decision on the guilt or innocence of the employee. If he admits that the employee is guilty, disciplinary measures are applied to the latter: reprimand, reprimand, dismissal. This is why it is very important to write explanatory notes correctly at work. Of course, this process cannot be called pleasant for each employee. Before writing an explanatory note, you need to concentrate and calm down. If an explanation is required at work, it is written on an A4 sheet.
When writing a note, you must indicate who it is intended for. For this, from above, in right side the name of the company, full name and position of the boss are indicated. In addition, the note must be signed by the employee, indicating the date of its preparation. If an employee of an enterprise decides to write an explanatory note to the employer in a week, then you should not do this: this document will no longer cause any legal consequences. The law gives two days to think about and write a note: the date written in the text will notify the employer that the employee did not violate the deadline for explanation. Consequently, he is interested in continuing to work in the enterprise or organization.
What can you write in an explanatory note?
The text of the document must state the reasons that led to the employee not showing up for work. These reasons form the content of the note. If an employee does not show up for work due to a sudden deterioration in health, then proof of calling an ambulance or emergency room must be provided. Evidence is attached to the note. A conscientious employee who has not previously observed such actions may find himself in a situation where it is impossible for an employee to come to work for certain reasons. Evidence, the contents of the explanatory note - all this is considered by the employer.
Practice shows that not all employers make informed decisions. To protect himself, it is better for the employee to write an explanatory note in two copies. Give one to the manager’s secretary, and keep the second for yourself. But both copies must bear a mark indicating that the document was accepted by the office. If the employer, after considering the note, makes a decision that, in the employee’s opinion, will infringe on his labor rights, the latter will be able to apply for their protection.
These issues are dealt with by government agencies within their competence. These include:
- Labor Dispute Commission (abbr. KTS);
- Labour Inspectorate;
- prosecutor's office;
The CTS is created directly at the enterprise where the employee works. But this does not happen in all cases, since the law does not require the mandatory creation of this body. The CTS consists of employees and representatives of the boss (50 to 50%). An order issued by the CCC has the force of an executive document.
The controversial case is considered in the presence of the employee. But the controversial situation need not be brought to the attention of the CCC. If the employee competently drew up an explanatory note and convinced the employer that the situation in which he found himself was caused by valid reasons, management may not punish the subordinate. Thus, the purpose of writing an explanatory note is to convince the employer of the employee’s innocence. Of course, this doesn't always happen. If the employee is truly guilty, then punishment is applied to him. For example, it is difficult to explain showing up to work while intoxicated. But the employer is obliged to demand an explanation for this phenomenon. This suggests that management worked through the issue with the employee and punished him legally. An explanatory note is grounds for dismissal or a more lenient punishment.
Explanatory options
Example of an explanatory note (late for work):
“I, Ivan Ivanov, was one hour late for work on March 20, 2018 due to the fact that the trains of the Tagansko-Krasnopresnenskaya metro line stopped due to smoke that arose at the Vykhino metro station. Additional transport was organized in the form of buses, but traffic jams on Moscow roads (which are absent in the metro) did not allow me to get to work on time. I believe that the smoke at Vykhino station was a force majeure, and also the reason for my delay.”
Example of an explanatory note (for illness)
“I am Senkova Tamara Gennadievna, I was unable to go to work on July 6, 2018 due to increased blood pressure caused by stuffiness in the subway and severe crowding. In the metro, at the Arbatskaya station, they called me 003. The doctors, having arrived at the call, provided me with a set of necessary procedures, including giving me an injection aimed at reducing blood pressure. After I felt a little better, I went up to the city and caught a taxi home.”
Example of an explanatory note (violation of labor discipline requirements)
“I’m Gennady Gennadievich Genov, I didn’t come on time from my lunch break because I suddenly had a stomach ache. I was forced to go to the medical center to see a nurse, where she gave me bowel-fixing medications.”
In case of alcohol intoxication in the workplace, the legislative framework provides for official proceedings. In fact, the commission created makes many mistakes, due to which it is subsequently impossible to prove the employee’s violation of work discipline. How to act in relation to a guilty employee without violating the legal framework will be discussed in the article.
Official proceedings should begin immediately!
If it is discovered that an employee is intoxicated on the territory of the enterprise, it is necessary to immediately notify management or other employees responsible for labor discipline.
They, in turn, must immediately begin the procedure for official proceedings, acting within the framework of the law. The following points are taken into account:
- the employee shows signs of alcohol intoxication;
- he is in the performance of his functions (on the territory of the organization or outside it, fulfilling the instructions of his immediate superior);
- a fact is confirmed that occurs precisely during the violator’s work shift.
Reference! It is impossible to dismiss an employee immediately; if he goes to court, the decision will be on the side of the plaintiff due to the lack of evidence.
After notifying the manager, he draws up an order to appoint a commission, which is entrusted with the investigation into violation of labor discipline. The form of drawing up the document is arbitrary, the main thing is that it contains the following information:
- composition of the commission (from 3 people);
- powers.
This order vests the appointed employees with the following powers:
- identify signs of alcohol intoxication;
- refer for a medical examination;
- obtain evidence from eyewitnesses;
- request a written explanation from the violator with arguments for defense or admission of the fact;
- draw up an investigation report recording the information received.
Often, organizational leaders make the mistake of sending home the offender, thereby depriving the investigation of the evidence base. It is necessary to record the offense in an act and offer to undergo a medical examination. The employee is definitely removed from work; otherwise, the manager himself becomes a violator of safety regulations at the enterprise, for which criminal liability is already provided.
How to correctly record the fact of alcohol intoxication at work
A medical examination will be required.
According to regulatory requirements When required to draw up an act, members of the commission indicate in the document the signs characteristic of alcohol intoxication. But this is not enough for a complete evidence base.
A medical examination is not enough for peremptory arguments. The authority to do this is vested in qualified narcologists working in drug treatment dispensaries, dispensaries, and clinics.
If the employee refuses to carry out this procedure, the employer has the right to call a specialist to the enterprise. The narcologist must have a specially equipped car with a mini laboratory. This is necessary to obtain a competent conclusion that reflects the degree of intoxication. You shouldn’t hesitate to call a doctor; in just a couple of hours, your blood alcohol level drops significantly. And for the dismissal of a violator, a minimum indicator of 1% must be fixed.
The final part of the protocol, the narcologist indicates the following conditions of the subject:
- sober;
- establishing the fact of alcohol consumption, however, due to the small dose or characteristics of the body, there are no visual changes in the condition;
- alcohol intoxication;
- coma due to alcohol intoxication;
- state of intoxication by narcotic drugs.
It will not be possible to dismiss a labor discipline violator for drunkenness if the protocol contains the following conclusion:
- sober;
- the fact of alcohol consumption has been established, but characteristic features are missing.
It is not possible to take disciplinary action in the form of dismissal for drunkenness if the offender is a pregnant woman.
Reference! Doctors should not be involved in the examination emergency care. The conclusion they draw up will not be of legal value to the court.
If an employee refuses to voluntarily undergo a medical examination, then it is unrealistic to force it (contradicts human rights legislation). In such cases, he is removed from work due to the increased danger associated with his health condition.
Visible signs are recorded in the investigation report by members of the commission, which are entered into the document based on the testimony of witnesses. In addition, the fact of refusal to be examined by a narcologist indirectly confirms alcohol intoxication.
The medical examination procedure is paid; in most cases, the question arises as to which party should pay for the doctor’s services. It is wiser to pay the employer to the specialist. In the process of dismissing the offending employee, deduct the debt from settlement funds or recover the amount in court.
Reference! A medical report on the condition of an employee in rural areas is issued by a paramedic. This is due to the lack of specialized institutions where patients are received by a qualified narcologist.
Dismissal of a labor discipline violator - step-by-step instructions
It is not necessary to fire an employee.
Drunkenness is considered a serious violation of labor discipline, which is confirmed by the article in the Labor Code of the Russian Federation (Article 81). Managers must respond even in cases where the offender is caught for the first time, and his work achievements are significant for the enterprise. Often, with valuable employees, the administration resolves the issue without bringing the matter to a conclusion.
The offender gets off with a reprimand or is simply suspended from work for a while. Also, according to the Internal Labor Regulations, he may be fined. But more often, unscrupulous employees are fired under the relevant article (or by agreement at their own request).
Important! Before starting proceedings regarding the presence of a drunk employee at work, you should clarify whether he is under this moment on sick leave, on vacation (in particular at your own expense) or time off.
Sequence of the dismissal procedure
- The manager, on the basis of a report from one of the employees or the head of the unit, signs an order appointing a commission to investigate the violator of labor discipline.
- Members of the commission draw up an act in which witness testimony and explanations of the offending employee are included. Authorized representatives also offer to undergo a medical examination. The refusal indirectly confirms the fact of alcohol intoxication.
- The offender is asked to write an explanatory note with detailed information about the event that occurred.
- The examination is carried out in medical institution accompanied by a member of the commission or at the enterprise by a narcologist. Based on the research conducted, the doctor issues a conclusion, signed and sealed.
- Once an employee has been found to have violated the Labor Regulations, he is suspended from work. Next, management takes disciplinary action.
- When choosing dismissal under the relevant article, the enterprise issues an order, on the basis of which the accounting department and the personnel department launch the procedure for terminating the contract with the violator.
- An entry is made in the work book, the contents of which are regulated by Art. 81 Labor Code of the Russian Federation.
- On the day of dismissal, the former employee is given documents, in particular employment history for painting.
Strict adherence to the procedure for dismissing an employee prevents litigation regarding illegal actions of the personnel service and company management.
Drawing up an act
Before drawing up the report, make sure that the employee is really drunk and not sick, since many symptoms of diseases may resemble intoxication!
Before drawing up a report on identifying an employee in a drunken state, it is necessary to define his condition, taking into account the characteristic features:
- poor body coordination, unstable postures;
- speech problems;
- trembling of fingers;
- dilated pupils;
- spotting with a red tint on the face;
- smell of alcohol or breath;
- breathalyzer readings.
The document is drawn up on the basis of a memorandum issued in the name of a department or enterprise. The goal of the commission members is not to impose punishment, but to collect the necessary information that has legal value as evidence.
Reference! When examining an employee, it is worth considering that some signs may indicate cardiovascular diseases or mental disorders, so the condition is determined by a combination of symptoms.
Besides external signs of a drunk employee, the following information is entered into the report:
- place and date of drawing up the document (the time is indicated exactly to the minute, as well as the place: office, workshop, etc.);
- Full name, as well as the position of the chairman of the commission (author of the act);
- Full name, positions of commission members;
- signatures.
The violator of discipline must also put his signature on the act in the column “I have read this act.”
To avoid mistakes when drawing up the act, it is recommended that you familiarize yourself with standard form document "link".
Legal basis
The procedure for conducting an investigation and dismissing an employee for being drunk at the workplace during working hours is regulated by the following standards and:
- Labor Code (Labor Code of the Russian Federation, Article 81, clause 6, part 6);
- Resolution of the Plenum of the Supreme Court dated March 17, 2004;
- Code of Administrative Offenses of the Russian Federation, art. 12.8 (defines the minimum permissible dose blood alcohol - 0.16 ppm);
- Code of Administrative Offenses of the Russian Federation, Article 5.61 (on administrative liability for causing insults recorded in the act);
- Labor Code of the Russian Federation, Art. 193 (on the procedure for dismissal);
- Labor Code of the Russian Federation, Art. 84.1 (procedure for issuing a work book);
- Labor Code of the Russian Federation, Art. 140 (accrual and issuance of settlement bills);
- Labor Code of the Russian Federation, Art. 181.1 (on refusal to pay compensation provided for by the enterprise)
- Labor Code of the Russian Federation, Article 392 (procedure for challenging a dismissal order in court).
Common Questions
- How to prove intoxication at work?
At the discretion of management, a severe reprimand can be dispensed with.
Visual symptoms of alcohol intoxication are not enough to dismiss an employee, so there is a need for a medical examination. It is carried out by a certified narcologist practicing in a specialized clinic, dispensary or conducting an appointment in a clinic.
Other specialists, in particular emergency doctors, are not involved in this procedure. The only exceptions are remote villages and hamlets where this specialist is not available. In this case, a local paramedic is involved to draw up a report.
- What to do in case of alcohol intoxication in the workplace during non-working hours?
If an employee is at the workplace after drinking alcohol, being on a day off or on holiday, then apply to him disciplinary action in the form of dismissal is not possible, this is contrary to the law. By his action, he violates the Labor Regulations, so penalties provided for in the document may be applied to him.
- Is it possible to get by with a reprimand?
Labor legislation provides for such a disciplinary measure for drunkenness as dismissal. But at the discretion of management, another punishment can be applied - a severe reprimand, a reprimand if the offender violates the working regime for the first time, and his qualifications and attitude to work are valuable for the enterprise.
- Is an explanation needed?
An explanatory note from the offending employee is mandatory. It makes it possible to clarify the situation, prove innocence or admit guilt. These are employee rights that are protected by the constitution and the Labor Code. If at the time of the investigation the drinker is heavily intoxicated and refuses to draw up an explanatory note, then he is again asked to do so after sobering up. The employee is given 2 days to provide the document to management.
- Are security guards doing the right thing by not allowing a drunk employee to enter the workplace, sending him home from the checkpoint?
If an employee who is intoxicated comes to the checkpoint before the start of his work shift, which is quite logical, he should not be allowed to workplace It is possible, but it is unrealistic to fire him under the article. This is due to the lack of supporting documents and violation of the proceedings, which are regulated by law.
In this situation, you need to allow the offender to enter the workplace and begin an investigation at the very beginning of the shift. If there are high-risk objects on the territory of the enterprise, the employee is escorted to the office of the head of the unit, where further investigation takes place.
- Is it possible to fire a company driver whose license has been revoked for driving while intoxicated?
If the driver of the enterprise was intoxicated while performing his duties, he also falls under the article of dismissal. At the same time, members of the commission will not be able to conduct an examination due to the remoteness of the place where the employee was detained. Then the act is drawn up on the basis of documents issued by traffic inspectors indicating the fact of drunk driving. Another reason for dismissal is the revoked driving license.
- What if an employee refuses to pay for a medical examination?
Payment for the services of a narcologist in in this case takes over the enterprise. After confirmation of the fact of alcohol intoxication, the amount is collected from the violator through the court. If the condition is assessed as “sober” or “alcohol was consumed, but there are no signs of intoxication,” and the ppm level in the blood is less than 1%, then all financial expenses remain for.
Watch a video about being fired for drinking:
On January 27, I came to work drunk due to the fact that I had remarried. The new wife turned out to have a two-room apartment, so I was drunk not from wine, but from happiness.
I was drunk at work because I work as a garage manager.
On July 5, Kozlova came to work in such a short skirt that I completely lost my head and made an indecent proposal to her on the table with the documentation right in the archive.
On August 7, I was at the Evening Star restaurant, drank so much alcohol that I don’t remember how I ended up in the entrance. The head was smeared with paint, the hair on the right temple was cut off. On the back it was written: “Greetings from Olya and Tanya.” All this was terrible for me, how am I going to go to my wife now.
And the fact that the vodka was diluted is confirmed by this: usually after half a liter I can no longer stand on my feet. But this time I went out into the street and even started a fight, for which I received 15 days.
While visiting a friend of ours, I accidentally recognized my wife’s panties in a torn state, for which I heartily hit him several times. Then it turned out, when I returned home, that our panties were hanging intact and washed on the balcony, for which I apologize to my beaten friend.
There is only one holiday a year for men - and that is a working holiday. Since our work is strict with this matter, I did not go to work on February 24th. And when everything settled down, it became somehow inconvenient to come to work, and as a result it turned out that I was not at work until April 27th.
At the zoo, I decided to feed the bear while he was slightly drunk. I threw him a piece of bagel with the remark: “Eat, you pest!”, but the district police officer did not appreciate my joke and brought me to the station.
I don’t understand metals, so I was very surprised when I was detained at the checkpoint with ten kilograms of copper wire.
On Monday I didn’t go to work for a good reason because I wasn’t hungover.
It was very crowded in the trolleybus and an unknown citizen allowed himself to grope me in the wrong places, for which I hit him with a bag, and there were keys in it, and signs of blood appeared on his face. Of course, I apologize if he didn’t grope, but then who would, if there were only women nearby?
I took a leave of absence on the 20th due to a headache, because my brother came from Donbass, and he drinks. I couldn’t sit and look at him firmly.
My frequent lateness to work has a simple explanation. The wife sleeps on the edge. It’s somehow impossible to crawl over her unnoticed and therefore I have to puff a little until she agrees to let me go from her elastic body.
My friend got drunk after failing his exam. I got drunk, wanting to get into his position.
We took a bottle of unfamiliar wine, but it turned out to be long-lasting, which is why I was late for work.
We did not drink, but officially took a sample of the alcohol that arrived at the base. But there were a lot of flasks, and we tried.
We used sex in our free time from school on a voluntary basis, all together, grouped by interests (From an explanatory schoolgirl).
Krutikov and I argued about who would drink more. He drank 2 bottles... I don’t remember how much I drank, but I definitely won the argument...
I responded to his comments with a physical argument on my impudent face so that he would not poke his nose into my family problems.
I was late for work because... paid the phone bill. I thought I was in business for 5 minutes, and there were crazy money with printouts...
Dear Director. Yesterday we sat for a long time with friends and thought about the meaning of life. We have come to a clear conclusion! There is definitely no point in showing up to work on time.
I was late for service. The reasons for this unseemly act are very mysterious and are rooted rather in the realm of the irrational, therefore I am unable to give any acceptable explanation for what happened.
I was late for work by 2 hours 04 minutes, Chief Editor recorded this fact and hypothesized that this was due to alcohol abuse the night before.
I was three hours late because in the morning I had a dream that the balance had finally come together.
Obeying the herd instinct and good mood, I, like half of my fellow students, was late for work today.
Today, September 10, I was late for work because I couldn’t get out of the car on Volgogradsky Prospekt, I had to go to the final station, while on the way back the traffic jam cleared.
I was two hours late for work because... in a dream I dreamed that I woke up, washed my face, drank a cup of tea as usual, went to the parking lot, warmed up the car and arrived at the office at 8:30 for a planning meeting.
Today, as always, I set the alarm clock for fifteen minutes at the allotted time, and, not surprisingly, I woke up, but the time and effort spent on makeup and choosing a dress code was not wasted, because after looking in the large mirror before going out, I was convinced of my irresistibility.
I was late for work on September 6, 2006, because there was a fly in our apartment that kept me from sleeping all night and all morning.
I was not late, but adjusted my today’s working day adequately to the inadequate yesterday and in inverse proportion to the normalized one.
Please forgive me and understand, I didn’t intend to be absent from work yesterday, but it happened that way. You see, in the morning I woke up very early, and realized that I couldn’t come to work so early, they simply wouldn’t understand me, and I decided to take a nap.
I was late for work by almost 1 (one) hour, due to an unfortunate set of circumstances due to increased wind and precipitation at night, the tram line through which I get to the metro was partially blocked, and I had to walk.
Yesterday, Monday, I was unable to get to my duty station due to fluctuations in the Earth's gravitational field.
When I woke up to the alarm at 6 o'clock in the morning, it was dark outside, and I thought that it was seven o'clock in the evening, and I fell asleep during the day and set the alarm incorrectly.
I was late for work on May 6, 2005. The delay occurred due to the fact that, due to my psychosomatic anomalies, since approximately 1995, I have been systematically communicating with demons.
She was in such a hurry that she skidded when turning to work due to heavy ice - she washed up against the house.
I was 6 hours 17 minutes late for work for a reason: I spent the whole night educating myself and improving my qualifications. When I woke up in the morning, I realized that I hadn’t gotten enough sleep and decided to sleep some more.
On September 8, 2006, I was late for work because, before taking my child to kindergarten, he had an urge at the most inopportune time for the most inopportune need.
I was late for work on September 7, 2006 by 22 minutes because... While driving to the place of work, I noticed thickening rain clouds and stopped to disperse the clouds.
Yesterday I was about to leave work, but suddenly I had the urge to go to the toilet. The guard thought that everyone had already left and locked me.
I was late for work because when I left my entrance in the morning, I noticed that a bird had shit on me, I got terribly angry and immediately returned home, washed my hair again and did my hair.
I was late for work because I slept on the job and saw how Microsoft went bankrupt. I couldn't help but watch it.
I'm late because you haven't paid your wages on time for months! If you are indignant, I will quit altogether!
I was 40 minutes late to the office because I was stuck in our elevator with most interesting person, these 40 minutes revealed new possibilities in me.
I was absent from work until 14.45 due to the fact that I was in the wrong place at the wrong time.
I was late for work due to the fact that the zipper on the fly of my jeans, which I had long and stubbornly fastened after I went to the toilet once again before leaving the house, had rusted.
I was late for work because healthy image life! I went to work early, but due to my lack of cigarettes, I was hit hard with a tambourine.
I was half an hour late for work because I won’t do anything before ten anyway, we drink tea in the morning, but I can’t fit in so much.
I was late for work by 6 hours 11 minutes on December 25, 2005 for a good reason. I made a bet with my neighbors from apartment 165 of my building for a box of vodka that I could outrun the icebreaker Lenin on the ice.
I was late for work because the headlights on my car went out and I was waiting until dawn.
Today, February 8, I was 4 hours late for work, because in the morning I climbed into a porn site and got very carried away. As a result, my palms began to hurt and tremble, and I could not get dressed.
I was late for the formation of the regiment due to the sudden onset of profuse diarrhea.
I was 3 hours 40 minutes late for work due to the fact that after a sleepless night I was driving to work by metro and, having fallen asleep on the ring line, passed my station three or four times.
At night it was discovered in the apartment bat, which really scared me, I had to wait until dawn, locking myself in the bathroom (since I heard that they go to bed in the light of day.
I was late for work because I had a dream in which I entered into sexual contact with two girls of model appearance.
Yesterday, Friday the 13th, I was late for work because my mother bought a new carpet and her beloved dog Pusichka started having diarrhea.
I came to work 3 hours late and smelled of alcohol due to the good neighborly relations that reign in our house.
I was late for work due to my wife's fault. In the morning, at the appointed time, the alarm clock rang, which woke up my wife. She doesn't like my alarm clock, so she threw it away and hit me in the head, which made me unconscious for another couple of hours.
At my previous job, I held a leadership position, and the boss, as you know, is not late, but delayed.
Today, just like in previous days, I was late for work due to moral fatigue and extreme mental exhaustion.
Since today is Monday, a hard day after the weekend, I took the subway and arrived at my old job.
Today, on such and such a date, Friday, I was 5 hours late for work because I thought it was Saturday.
Suddenly a song about white boats started and I decided to finally listen to it from beginning to end, since I had never been able to do this before.
I was late for work because all night my friends and I were moving houses with the power of our thoughts.
I, Yurkin Alexander Alexandrovich, was late for work on February 10, 2005, by 29 minutes 13.9 seconds, because... When leaving my entrance, a hurricane arose and I was carried away to the mountains, where I met a tin woodcutter and a girl, Ellie.
I was 4 hours late for work because in the morning I helped a neighbor take a bottle of vodka from her husband.
I was late for work on purpose. I wanted to see how it would end.
I was late due to old age.
I was late for work because, driving my personal car in the general flow of cars towards the office, I imagined myself to be an excellent driver, forgetting that positioning myself, provided that I am a woman, is a combination of things that are initially incompatible.
I was 35 minutes late for work due to prolonged morning sex with my boyfriend.
Alcohol intoxication at work: is a certificate of examination required?
The fact that an employee appears at the workplace while intoxicated can lead to a number of negative circumstances, such as industrial accidents and injuries.
Therefore, if an employee appears at work while intoxicated, he or she may be subject to a number of penalties, including dismissal.
The legal basis for penalties for the offense in question is formed by the following provisions Labor Code RF:
- Art. 76 of the Labor Code of the Russian Federation, which requires preventing and removing a drunk employee from work.
- Art. 81 of the Labor Code of the Russian Federation, which allows you to dismiss an employee who appears at the workplace drunk.
- Art. 192, 193 of the Labor Code of the Russian Federation on disciplinary liability in the forms:
- comments;
- reprimand;
- dismissals.
In addition, paragraph 42 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 allows an employee to be fired for appearing at work while intoxicated, even if he appeared drunk not at the workplace, but on the territory of the organization during working hours.
A medical examination report, which can subsequently become one of the main pieces of evidence in court proceedings, can serve as a document certifying the employee’s inadequate condition.
Signs of alcohol intoxication for drawing up an act
The Labor Code of the Russian Federation classifies every appearance at the workplace while intoxicated as a one-time and gross violation of labor discipline.
But before applying a disciplinary sanction to an employee, it is necessary to find out whether the alcoholic drinks and other substances voluntary, or intoxication occurred as a result of improper use medicines, or the specified substances were taken by mistake.
Due to the fact that ethyl alcohol breaks down quite quickly in a person’s blood, it is necessary to deliver it for a medical examination as soon as possible. But according to paragraph 42 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, other documents are also accepted as evidence of appearing at work while intoxicated:
memos;
witness statements;
act of appearing in a state of intoxication.
Determining the signs of alcohol intoxication allows you to organize a medical examination in a timely manner or, if it is refused or impossible, to draw up the other above-mentioned documents.
Among the signs of alcohol intoxication for the act are:
- The characteristic smell of alcohol in the exhaled air.
- Impaired coordination and human actions.
- Aggressive mood, behavior.
- Unstable position.
- Irritability.
- The smell of fumes.
- Lack of understanding, inability to concentrate and misunderstanding of questions being asked.
- Incoherent speech.
- Obscene language, swearing.
- Unsteady gait.
- Tremor of fingers.
Sample medical examination report for intoxication
The procedure for undergoing a medical examination when appearing at work in a state of intoxication is established in the Procedure for conducting a medical examination for intoxication..., approved. by order of the Ministry of Health of Russia dated December 18, 2015 No. 933n.
The result of its passage will be an examination report for alcohol intoxication, approved by order of the Ministry of Health of Russia dated December 18, 2015 No. 933n and containing the following information:
- Data of the person being examined,
- Details of the documents on the basis of which the examination is carried out.
- Data from the subject’s words about the last use of alcohol.
- Information about the presence of alcohol in exhaled air:
- data on the measuring instrument;
- serial number of the device;
- verification period;
- error.
- Information about the presence of alcohol in 15-20 minutes.
- Data on sample collection indicating the results, as well as information on the method and method of research.
- Other data and research methods.
- The exact time and date of completion of the study.
- Research result.
- Doctor's signature.
You can download a sample document by following the link: Certificate of examination for alcohol intoxication - sample.
Do not forget that according to Part 1 of Art. 20 of the Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ, any person has the right to refuse to undergo this procedure.
An employee being drunk at work: we record the fact
If an employee is found drunk while performing his work duties, in order to correctly document this fact, you must adhere to the following algorithm:
- An act on the presence (appearance) of the employee at the workplace in a state of intoxication is drawn up, preferably certified by witnesses. Since there is no unified form for this document, it is drawn up in free form and contains the following information:
- date and place of compilation;
- Full name and position of the persons who signed the document;
- description of the employee's condition;
- signatures of persons.
- An order is issued to remove the employee from service. There is also no unified form for such a document, and the information reflected in it should look like this:
- date, place of compilation;
- the employer’s will to remove the employee from service, indicating the reason, as well as an article of the Labor Code of the Russian Federation;
- signatures of the persons specified in the order.
- The employee is invited to go for a medical examination and is given 2 days to complete and provide explanations (Article 193 of the Labor Code of the Russian Federation) regarding this fact. If an explanatory note is not provided, a refusal certificate is drawn up, certified by the signatures of 2 witnesses. About the consequences of refusing to be examined by a narcologist, see the article Refusal to be examined for drug intoxication.
- A report is drawn up addressed to the head of the enterprise in any form with the attachment of an act of being under the influence, a conclusion from a narcologist and an explanatory note (if any).
Dismissal under the Labor Code of the Russian Federation when an employee is found drunk
If an employee appears at work in a state of alcoholic intoxication, the employer has the right to reprimand or reprimand him or immediately fire him.
The algorithm of actions will be as follows:
- A dismissal order is issued, the unified form of which was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1.
- The specified order is recorded in the accounting journal.
- A calculation note is drawn up in the unified form T-61, approved by the above-mentioned resolution, and a salary is issued, as well as, if necessary, compensation for unused vacation (more about this in the article Calculation and payment of severance pay upon dismissal).
- The dismissal order is issued to the employee against signature. If he refuses to familiarize himself with the order, a corresponding note is made about this.
- The employee’s personal card is filled out, in which the corresponding entry is made, as well as the signatures of the employee who made it and the employee himself. If the employee refuses to sign, a corresponding entry must be made on the card.
- A corresponding entry is made in the work book.
- A work book is issued. If this cannot be done, the employee is notified of the need to receive the specified document or give consent to forward it by mail.
***
Being intoxicated at work can have a number of serious consequences. The Labor Code of the Russian Federation calls alcohol intoxication at work a gross violation and one of the grounds for dismissal at the initiative of the employer. A medical examination can serve as the main evidence of intoxication. However, if the employee refuses to undergo it, the act of being drunk at the workplace, memos and witness statements are also accepted as evidence.
Documents of the enterprise's office work → Report on the discovery of the fact that an employee was drunk at the workplace
Director of Mir LLC A.P. Mironov from the mechanic of workshop No. 27 Tronin I.P. report a note I would like to inform you that today, March 12, 2012, the crane slinger of workshop No. 27 Rykov...
Documents of the enterprise's office work → Sample of a memorandum on the need to attract an employee to work on a non-working holiday
Employment agreement, contract → Sample. Report of appearing at work while intoxicated
act of appearance (full name) at work in drunk condition"" 20 we, the undersigned: , (full name, position, place of work) in the presence of (full name) ...
Enterprise records management documents → Safety note on the transfer of inventory items for temporary storage
Safe a note on the transfer of goods and materials for temporary storage, I hereby certify that “” 20 to warehouse No. o...
Documents of the enterprise's office work → Note-calculation on granting leave to the employee. Form N T-60
... a note-calculation of granting leave to an employee...
Financial statements, Accounting→ Sample. Note 3. Loan analysis
Schedule 6, Appendix 7, Appendix 8 to the letter of the Central Bank of the Russian Federation dated September 30, 1994 no. 114 (as amended on 02/11/97 no. 411) a note 3. analysis of loans table 1. movement of loans thousand rubles. +-+ short-long-total movement of urgent loans...
Enterprise records management documents → Calculation note upon termination (termination) of an employment contract with an employee (dismissal). Form N T-61
Document " a note- calculation upon termination (termination) of an employment contract with an employee (dismissal). form n t-61" in excel format you can...
Accounting statements, accounting → Sample. Note 8. Analysis of assets and liabilities by terms of demand and repayment
Appendix 13 to the letter of the Central Bank of the Russian Federation dated September 30, 1994 no. 114 (as amended on 02/11/97 no. 411) a note no. 8. analysis of assets and liabilities by terms of demand and repayment, thousand rubles. +-+ amounts by maturity +- ...
Enterprise records → Order to remove an employee who was intoxicated at the workplace
Documents of the enterprise's office work → Act on the employee being intoxicated at the workplace
There is a limited liability "world" act on the presence of an employee at the workplace in condition alcohol intoxication March 12, 2012 Borisov we, the undersigned (HR manager Romanova...
Statements of claim, complaints, petitions, claims → Complaint about the condition of engineering equipment at the entrance
We have repeatedly contacted (indicate the dates of requests) the district authorities with a demand to bring the engineering equipment of the entrances to state, corresponding to the current snip and gost, but this did not give any results. also nothing was done based on the results of the plan...
Statements of claim, complaints, petitions, claims → Sample. Statement on establishing the fact of a state in a de facto marital relationship
Persons: (full name or name of organization, registry office, military registration and enlistment offices, etc.) statement of fact establishment state in actual marital relations (who, with whom and during what period of time was in actual marital relations...
Bank account agreement. Settlement and cash services → Summary report on the status of a representative account in a non-resident bank. Form No. 82-91
E-shipments to the territory of foreign enterprises state report on soato for okposta (territory) +-+ summary report on condition representative account in a non-resident bank per sq. 20 who represents (name of enterprise) place...
Statements of claim, complaints, petitions, claims → Application to the housing and communal organization to send a specialist for inspection and drawing up a condition report engineering communications
Applicant) address telephone application I ask you to send a specialist for inspection and drawing up a report state in apartment no. house no. on the street. "" 20 (signature of the applicant)
Enterprise records management documents → Certificate on the status of settlements with employees for goods sold on credit (Unified Form N KR-7)
Document "certificate about condition settlements with employees for goods sold on credit (unified form n cr-7)" in excel format you can get a...