How to dismiss for drunkenness
The head of the organization on the basis of the order must immediately remove the employee, appeared on a workplace in an alcohol intoxication from their duties until, until you have found all the circumstances. Wages for this time period, the offending employee will not be charged. The supervisor has the right to suspend the employee from work, but in this case it would be problematic to dismiss the employee. Besides, he consciously takes responsibility for the consequences of activities of a drunken employee. For example, an accident in production, breakdown of machinery, etc.
After the removal of the employee from the job in the organization should be drawn up "On the appearance of the employee on a workplace in an alcohol intoxication". This formed a Commission of 3 people, which should include the head of the organization, legal counsel and specialist on labor protection. This act is drawn up in free form and must contain where, when, what time and on what grounds was found the presence of the employee intoxication.
If possible, attach a letter of explanation delinquent employee. If he refuses to give explanations, it is also recorded in the act. Is drawn up in 3 copies, each of which is under the painting given to the members of the Commission.
Intoxicated employee must be sent for a medical examination which shall be conducted by the doctor-narcologist. The employee may refuse to undergo examination, in this case it is necessary to make about it a mark in the act.
When the employee sober, you must ask him to give a written explanation of what happened. In case of refusal, an act is drawn up, which must be signed by two witnesses.
Finally, an order is issued for dismissal, with which the employee is acquainted within three days and receives a copy of him.
An employee who does not agree with the article's dismissal specified in his workbook, can safely go to court. If he can prove wrongful dismissal, the employer, the court will be obliged to restore the employee's former position.