Dismissal letter for drunkenness. Dismissal procedure for appearing at work in a state of intoxication

Drunkenness in the workplace is punishable by dismissal. The employer has the right to dismiss the employee after one violation (clause 6 of article 81 of the Labor Code of the Russian Federation). The appearance of a drunk worker among machines and mechanisms is a direct threat to the life and health of not only the violator himself, but also the entire team, and technological process. Such an employee is threatened with dismissal for drunkenness. Step by step procedure includes several stages.

When can a drunkenness investigation be held?

Appearance at work drunk considered a gross violation labor discipline. It is enough to come to work drunk once, so that this time will be the first and last. The fate of the employee in such cases is decided by the manager, since Labor Code leaves the employer with the final decision.

The leader chooses the measure of punishment based on the specific situation, personal characteristics the offender and the fact whether it was possible to fix, as required by the rules, the fact of the violation. If for some reason the employer did not have time to document the misconduct, it is better not to dismiss the employee.

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

The violator was exactly at the workplace (checkpoint, shop area, etc.)
The intruder was drunk working time. These are the working hours of the employee himself, and not just the entire organization.
A violation recorded at the workplace on the day of day off, vacation, sick leave is not considered committed at work.

If it is confirmed that there is an employee at work in a state of intoxication, this should be documented.

How to fix the state of intoxication correctly

Dismissal for drunkenness in the workplace must be issued in accordance with all the rules. For a biased approach to the application of the most stringent measure disciplinary action the employer may be held liable, and the dismissed person may be reinstated.

In order to competently qualify a violation, the employer must, in the course of official investigation obtain confirmation of the state of intoxication by a medical examination or other evidence. By law, you cannot force an employee to undergo a medical examination. If the examination is refused, an act must be drawn up, which in the future, if the dismissed person goes to court, will become an additional argument in favor of the employer.

Interesting Facts

You need to know that not all employees can be fired for drunkenness or drug use. Some categories of workers have benefits in this matter as well. In particular, according to Article 269 of the Labor Code, it is possible to dismiss a worker under 18 years of age for such actions only with the consent of the guardianship authority or the Labor Inspectorate. It is possible to fire a pregnant employee, but only if there is evidence of her intoxication, and not the use of alcohol-containing medicines.

The actions of the employer are only legal if he reasonably states the state of the employee as being drunk, allowed at work and not the result of a deterioration in health (for example, increased pressure, medication, etc.). If the requirements of the law are taken into account during the internal investigation, then, based on its results, the employee may be punished accordingly. In the event of further proceedings, the court will not be able to convict the employer of illegal actions and cancel the dismissal order.

Step-by-step procedure for filing a dismissal

If the employer intends to apply the most severe measure to the violator of labor discipline and dismiss him for drunkenness at the workplace (clause 6, part 1, article 81 of the Labor Code of the Russian Federation), he must act in accordance with the procedure established by the legislator (Article 193 of the Labor Code of the Russian Federation).

Step 1. The immediate supervisor of the violator informs the superior employee about the alleged condition of the employee.

Step 2. By order of the head, a commission of 3 people is appointed to conduct an internal investigation.

If the commission finds outward signs of intoxication in an employee, he is asked to undergo a medical examination. If the employee refuses to pass, the refusal is recorded with the help of an act signed by members of the commission and witnesses from among the employees.

In practice, a drunk worker is limited to only drinking alcohol in the workplace. But sometimes in such a state, thefts in the organization or insulting other employees of the company can be committed.

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

If there was a theft of property, then criminal punishment under Article 158 of the Criminal Code of the Russian Federation will also be applied. An organization can file a claim for criminal prosecution and damages no later than one year.

Step 3. The employee is suspended from work, he is given 2 days to give a written explanation. Suspension from work is carried out by order. The employee must put his signature on familiarization with the order. If he refuses to do this, without drawing up an additional act of refusal, right on the order, make the necessary note and put the signatures of two witnesses.

Step 4. An act is drawn up in any form about being at work in a state of intoxication. The act reflects:

time and place of compilation;
personal data of commission members;
signs, according to which a conclusion was made about the state of alcoholic intoxication: the smell of alcohol, speech disorders, instability of posture, reddening of the face, agitated state, inadequate behavior.

Members of the commission must, as carefully as possible, indicate in the act all the signs that took place at the time the act was drawn up.

If after the time prescribed by law (2 days) there is no written explanation of the misconduct, an act is also drawn up.

When all the evidence confirming the fact of being drunk at the workplace is collected, the question of how to dismiss an employee for alcohol intoxication can be considered resolved: the employer has the right to issue an order to dismiss the violator. As a rule, the manager takes this extreme measure, unless there are extenuating circumstances. They can be, for example, the following:

the employee has never had a penalty;
has been with the organization for a long time;
there were no serious consequences for production caused by misconduct.

Some facts

The permissible amount of alcohol in the blood may also be available when taking medications or certain foods, for example, kvass, kefir or whey. In fact, a small amount of ppm in the blood can justify the need to be removed from work only in case of poor health, but will not be a reason for dismissal and a refund of the money spent on the examination.

Considering all the factors, the employer may limit himself to reprimanding. In any case, an order is drawn up no later than one month from the date of discovery of the misconduct.

An order to impose a disciplinary sanction in the form of a reprimand is drawn up in any form. The order of dismissal - in the form of T-8.

AT work book an entry must be made indicating the grounds for dismissal and a reference to an article of the Labor Code of the Russian Federation. The dismissal order is recorded in the register of orders. After the order is issued, no later than 3 days from the date of its writing, the dismissed art. 193 of the Labor Code of the Russian Federation).

Full settlement with the employee is made on the day of dismissal. He is paid a salary for the time actually worked, vacation compensation, if required.

Conclusion

Dismissal of an employee in a state of intoxication must be documented in prescribed by law okay. As a rule, an employee fired under such a reputation-staining article will look for the slightest inaccuracy in the actions of the employer in order to prove the illegality of the dismissal and cancel the article.

If the court declares the dismissal illegal, the employer will have to pay wages for the entire time of forced absenteeism, compensate for non-pecuniary damage, and change the basis for dismissal.

If the medical examination was done at the enterprise, methods and methods of examination permitted by the Ministry of Health and Social Development of the Russian Federation should be used. Otherwise, the court does not recognize the issued conclusion as evidence and may recognize the dismissal as illegal with all the ensuing consequences.

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You can only be fired for appearing drunk at work: being an employee in such a state outside of work, even during working hours, does not give reasons for dismissal on the grounds under consideration. The "work" referred to in sub. "b" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation, it is recognized:

directly workplace employee
the territory of the employer outside the workplace;
the territory of the facility where the employee works on behalf of the employer.

Sometimes the question arises about the possibility of dismissing an employee who was detained drunk at the checkpoint of an enterprise. The courts, as a rule, recognize such a dismissal as legal with the following motivation: the territory of the checkpoint refers to the general territory of the employer (for example, the appeal ruling (AO) of the Vologda Regional Court dated February 8, 2013 No. 33-507 / 2013). The dismissal of a drunk employee caught in such a state at the checkpoint of the customer organization, on the territory of which the person works on behalf of the management, is also lawful on similar grounds (decision of the Moscow Regional Court dated 12/14/2010 in case No. 33-24139).

Circumstances of time: was the time working

In order to dismiss an employee under sub. "b" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation, he must be drunk precisely during his working hours, which is determined in the labor regulations, labor contracts, shift schedules. Circumstances of time directly affect the possibility of dismissal for drunkenness at work. So, for example, if the detention drunk at the checkpoint took place before the start of the working day, then the dismissal will be declared illegal (for example, JSC of the Yaroslavl Regional Court dated 10/18/2012 in case No. 33-5617).

Given this requirement of the law, it is impossible to dismiss an employee on the grounds under consideration who:

during a lunch break he drank alcohol at work, after which (until the end of the break) he left work;
drank alcohol at the workplace after the end of the working day;
came to work drunk on his day off, on the day of vacation (any) or sick leave.

It is worth noting that the courts have a unified position regarding the situation when an employee was drunk while traveling to the place of business trip. Salon of a train, aircraft and other vehicle cannot be attributed to the workplace, and the travel time cannot be attributed to working time. Therefore, it is impossible to dismiss such an employee for drunkenness at work (cassation ruling of the Novosibirsk Regional Court dated February 24, 2011 in case No. 33-1212 / 2011).

Fixing the fact of intoxication for the purpose of dismissal for drunkenness

If you suspect that the employee is drunk, it is recommended, first of all, to record the fact of intoxication. The presence of evidence of such a state of the employee is the third necessary condition for his legal dismissal.

The state of intoxication can be confirmed not only by a medical opinion, but also by other evidence. This was also pointed out by the Plenum of the Supreme Court of the Russian Federation in par. 3 paragraph 42 of the resolution of March 17, 2004 No. 2 (hereinafter referred to as Resolution No. 2).

Sometimes it is not possible to conduct an examination for objective reasons. For example, there is no medical institution of the corresponding profile nearby, or an employee is against the examination, and it is possible only if voluntary consent is given (as well as any medical procedure performed without vital indications).

IMPORTANT! It is recommended to start by drawing up an act of appearing at work in a state of intoxication, even if the employee agreed to undergo an examination. It should be borne in mind that a person has the right to refuse this procedure at any time (both before and during its implementation).

There are many court decisions that testify to the possibility of proving intoxication without the opinion of doctors. The employer's chances of winning a dispute about the legality of dismissal increase if there is a set of evidence - an act, a report, testimonies of witnesses, a memorandum / memo (see, for example, JSC of the Arkhangelsk Regional Court dated February 6, 2013 in case No. 33-539 / 2013).

Creation of a commission to draw up an act

In some organizations, there is a permanent commission to fix the drunken state of employees. If there is none, then it is better to create it.

To do this, you must issue an order in free form. It is advisable to display in it:

the basis for the order (usually this is a memorandum on the discovery of a drunk worker);
the purpose of the commission;
the composition of the commission indicating the full name and positions;
validity period of the commission (it is possible to create a commission without limiting the validity period, that is, on an ongoing basis).

How to draw up an act on an employee in a state of intoxication?

The commission act must be drawn up on the day when the employee was caught at work while intoxicated. Moreover, it is recommended to do this as soon as possible for obvious reasons: after a few hours it will be difficult to prove the fact of intoxication.

The form of the act is not approved, but it is advisable to include in it:

place, date and time of compilation;
information about the employees who drew up the act;
information about the employee identified in a state of intoxication;
signs of intoxication.

On the last point: in 2016 came into force new order medical examination to determine the fact of intoxication (approved by order of the Ministry of Health of the Russian Federation of December 18, 2015 No. 9 33n, hereinafter referred to as the procedure). Clause 6 of this document defines the signs of intoxication, each of which is already enough to be sent for examination, including if the employer suspects that the employee is drunk:

unstable posture and gait;
alcoholic smell;
speech disorders;
abrupt change in skin color.

These signs may be inherent in some diseases, so the employee's condition should be described in detail. Based on all the circumstances in the act, an appropriate conclusion is made.

The act is signed by all members of the commission, after which it is highly desirable to familiarize the offending employee with it under signature. If he refuses to sign or, due to his state of intoxication, cannot sign the document, the act should be read aloud and an appropriate mark should be made in it.

Medical conclusion as proof of the fact of intoxication

After drawing up the act, it is necessary to offer the employee to undergo an examination in a medical institution. According to clause 3 of the procedure, it can only be carried out by organizations with a license for medical practice, which includes, among other things, the service of examination for intoxication. A conclusion issued by a medical institution without an appropriate license will not be accepted by the court as evidence of the legality of the dismissal of an employee.

If the employee agrees to the procedure, he is given a referral (subclause 5, clause 5 of the order). The form of this direction is free.

The survey should include 5 actions (clause 4 of the order). Among them are analyzes of biological fluids, and examination, and checking with a breathalyzer. If any action was not taken and / or not reflected in the conclusion, the court may consider the dismissal illegal.

By the time of the examination, the external signs of intoxication, recorded by the employer in the act, may disappear and, as a result, be absent in the conclusion of doctors. There is judicial practice according to which dismissal in such situations is recognized as lawful. This took into account the time elapsed from the preparation of the act to the medical examination (for example, JSC of the Yamalo-Nenets District Court dated October 24, 2013 in case No. 33-2269 / 2013).

At the same time, if such signs are not described in the act (or there is no act), and the examination revealed only the fact of drinking alcohol (without external signs intoxication), dismissal may be declared illegal (for example, JSC Primorsky Regional Court dated 07/09/2015 in case No. 33-5668). Note that this confirms the need in all cases for the speedy preparation of an act with detailed description employee and his condition.

Suspension from work duties before dismissal for drunkenness

The employer, after establishing the fact of intoxication, is obliged to remove the violator from work (part 1 of article 76 of the Labor Code of the Russian Federation). The time of suspension will not be considered absenteeism, but wages will not accrue during this time.

Suspension must be formalized by an order, the unified form of which does not exist. It is advisable to include:

information about the employer;
information about the employee (full name, position);
an indication of the circumstances of the removal - a state of intoxication;
link to documents confirming the fact of intoxication;
period of suspension from work.

According to part 2 of Art. 76 of the Labor Code of the Russian Federation, an employee cannot be allowed to work during the period of preservation of the circumstances for which he was removed. In the case of intoxication, determining such a period can be difficult, because sometimes the state of intoxication is so severe that it may not pass for several days.

IMPORTANT! If the employer, having established the fact of intoxication, nevertheless allowed the offender to work, then the responsibility for possible negative consequences (damage to property, injury) lies with him. And those responsible officials, who did not carry out the suspension, being aware of the situation, can be punished for violating labor protection rules - as under Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation, and according to Art. 143 of the Criminal Code of the Russian Federation.

How to get fired for drunkenness in the workplace? Dismissal order (sample)

Download order form

Dismissal for drunkenness at work is nothing more than a measure of disciplinary action. Therefore, it is necessary to be guided by the rules on the imposition of those established by the Labor Code of the Russian Federation.

Before making a decision on dismissal, an explanatory note should be requested from the employee (part 1 of article 193 of the Labor Code of the Russian Federation). Failure to comply with this requirement entails the recognition of the dismissal as illegal (JSC of the St. Petersburg City Court dated September 23, 2014 No. 33-14346 / 2014).

It is best to do this after the end of the suspension period. If you request an explanation immediately after discovering a drunk at work, the court may find a violation, indicating that the employee's intoxication caused his inability to write a correct explanation.

The form of the explanatory request has not been established. It is still recommended to draw it up in writing and hand one copy to the employee against signature, and in case of refusal to put one, draw up an act.

After 2 working days (it is during this period that the explanatory note should be written), the employer has 2 options:

If an explanation is not provided, then an act is drawn up about this. A written request for an explanation and an act of failure to provide it will be sufficient for dismissal.
If the employee wrote an explanatory note, the reasons for the misconduct indicated by him should be assessed and, taking into account its severity, determine the type of disciplinary sanction. It is possible that the employee was poisoned by toxic fumes at work, resulting in toxicological intoxication.

IMPORTANT! The employer should remember that by virtue of Art. 261 of the Labor Code of the Russian Federation, a pregnant woman cannot be fired for the misconduct in question. Therefore, it will be necessary to apply a different type of penalty to it (JSC of the Khabarovsk Regional Court of 05/08/2015 in case No. 33-2767 / 2015).

There is nothing difficult in drawing up a dismissal order for drunkenness. A sample can be found on our website. It should be remembered that it is enough to issue only one order - on dismissal, since in this case it is it that acts as a disciplinary sanction. That is, there is no need to issue a separate order to bring to disciplinary responsibility.

Proportionality of the penalty in the form of dismissal to the violation

Courts do not always recognize dismissal as proportionate to the severity of such an offense as appearing drunk at work. Therefore, in each specific case, the employer should pay more attention to the explanations provided by the delinquent employee, as well as evaluate the previous behavior of the offender and his attitude to work in general. This was pointed out by the Plenum of the Armed Forces of the Russian Federation (clause 53 of Resolution No. 2), this is also mentioned in Part 5 of Art. 192 of the Labor Code of the Russian Federation.

So, the Tverskoy Regional Court, in its decision dated March 10, 2015 in case No. 33-687, declared the dismissal illegal, citing the following:

The employee has been with the company for a long time.
Disciplinary sanctions against the employee have never been applied before.
The employee is close to retirement age.
There were no negative consequences of misconduct for the employer.

Thus, before making a decision to dismiss an employee for appearing drunk at work, one should re-evaluate the situation and make sure that there are mandatory conditions for termination. employment contract, like so:

sufficient evidence of intoxication;
establishing the employee's guilt in the onset of intoxication;
appearing in a state of intoxication at the workplace and during working hours.

You can be fired for drunkenness only if these facts are combined, one of them is not enough. In addition, the employer should consider imposing a non-termination penalty based on the characteristics of the employee.

The company has the right to dismiss an employee who appeared at his workplace in a state of intoxication, as well as for drinking alcohol during his shift. Dismissal for drunkenness labor law allows for a single such misconduct. But it is important that the procedure is carried out in accordance with the rules and regulations, and the fact that the employee is in a state of alcoholic, narcotic or any intoxication is confirmed by appropriate evidence. An employer should be prepared that an employee dismissed according to such a wording will want to challenge it in court.

Since the dismissal due to the employee’s drunkenness is, in fact, a dismissal under the article, that is, for violation of labor discipline at the initiative of the employer, the dismissal procedure must be brought in accordance with the procedure for disciplinary dismissal. It is important to make sure that the violator of discipline is intoxicated not because of taking the drugs he needs (after all, as you know, some drugs can have side effects, including temporary clouding of consciousness and psyche). And also not because of the performance of direct labor functions (toxic intoxication due to gas vapors, or other work situations).

How do you get fired for drunkenness?

A fairly common case in production, when an employee comes to his shift either already drunk or still drunk. In addition, frequent feasts at lunchtime are not the best way to help maintain labor discipline. Either the mentality left over from the post-Soviet times is to blame, or the availability of alcoholic beverages, but dismissal for drunkenness is far from a rare case at every enterprise.

Another thing, of course, is that the employer himself does not want to ruin the future fate of his employee, and offers him to leave on his own, without scandals, and an article in the labor force, which can cross out his entire future career. Sometimes the reason for the appearance of an employee in a state of intoxication may be the aforementioned drugs, or other circumstances that have nothing to do with the guilty actions of the employee. Therefore, before carrying out a dismissal under the article for drunkenness, you first need to figure out whether such a fact takes place.

The law and judicial practice agree that it is the employer who must prove the guilt of the employee upon dismissal under the article. Partly, and in order to avoid the abuse of such wording as "drunkenness", "truancy", etc.

Documentary evidence of the employee's guilt

If the employer does not want to meet the employee halfway, and the parties have not reached a mutual agreement, the end of the employment relationship under the article is inevitable. But before issuing an order to terminate the employment contract with an employee, you need to collect Required documents and materials that will be indisputable evidence of his being in a state of intoxication precisely during his working hours.

The procedure for dismissal for drunkenness provides for the following materials:

an act of violation of labor discipline and the appearance of an employee drunk at the workplace;
medical confirmation of the physical and mental condition of the employee.

These are perhaps the most important documents that must be drawn up and attached to the personal file of the dismissed person, even before the fact of dismissal. And if everything is clear with the act, then most often, disputes arise precisely about the medical examination. Private clinics and organizations do not always issue such a certificate, and those that do issue may not have sufficient authority to conduct an examination. Moreover, the employee has the right to disagree with the results of the medical research and appeal against them. Or, choose a medical institution on your own, where he wants to undergo a sobriety test.

The proof that the specialist is intoxicated is the conclusion of a qualified narcologist, and not any therapist. Moreover, such a doctor must have a license to practice. Only if all these nuances are observed, can one be fired for drinking, with an entry in the labor record. But do not forget about the right of any person to refuse a medical examination by a narcologist. His refusal must be recorded in writing, also in the form of an act.

It's a good idea to ask the employee for a written explanation of their behavior when they sober up. Since dismissal due to drunkenness is a disciplinary sanction, it is the responsibility of the enterprise to demand an explanation from the employee in this case.

Features of the dismissal procedure

The norms of the law give only a general idea of how to fire an employee for drunkenness. At the same time, only the right of the employer to do this is prescribed, but, unfortunately, the legislative norms do not contain how, and the process of dismissal itself. Therefore, one should adhere to the analogy of the law when terminating an employment contract with an employee.

You should also pay special attention to the fact that you cannot dismiss an employee according to this wording if he:

In all these cases, the article dismissal for drunkenness is not applicable.

Registration of dismissal

The dismissal is formalized by issuing an order in a single approved form. The order should make references to the completed act and medical examination of the presence of alcohol in the employee’s blood, as well as other medical notes made by the narcologist. In addition, it must be indicated that the employee was drunk precisely during his working day, during the performance of his labor duties stipulated by the contract concluded with him.

p> Also it is necessary to define, what record is brought in a work book at dismissal for drunkenness. The same entry must be indicated in the dismissal order itself. All marks both in the order and in the labor must fully comply with the wording specified in the Labor Code. The entry in the labor should contain information that the employment contract with the employee was terminated at the initiative of the employer due to the employee's appearance at work in a state of intoxication, in accordance with paragraphs. b p.6 h. 1 art. 81 of the Labor Code of the Russian Federation. An indication of the paragraph, subparagraph of the article is also mandatory.

A feature of the termination of the employment contract in this situation is the absence of the need to obtain written permission from the trade union body of the organization where the employee works.

The current legislation allows the dismissal of an employee for being at work in a state of intoxication (clause "b", clause 6, part 1, article 81 of the Labor Code of the Russian Federation). Even if this is the first violation, and before that, the employee was not brought to disciplinary responsibility.

Dismissal for drunkenness is one of the few grounds for labor disputes, in which the courts quite often take the side of the employer. But only if the law was applied correctly and all the necessary formalities were observed.

We qualify correctly

An employee who was in such a state during working hours at his workplace, at another part of the enterprise, or at the facility where he was supposed to perform the assigned task can be dismissed for being in a state of intoxication.

Intoxication can be confirmed by a medical report or other evidence.

Therefore, for the correct qualification of the misconduct, you need to confirm the totality of the following circumstances:

worker's state of intoxication
being in such a state during working hours
the presence of a drunk employee on the territory of the employer or at the place of performance of the assigned work

In the absence of at least one of these signs, the dismissal will be illegal.

We comply with the dismissal procedure

Dismissal on the grounds provided for in clause 6, part 1, article 81 of the Labor Code of the Russian Federation is a type of disciplinary sanction. Therefore, before issuing a dismissal order, you must follow the procedure established by Article 193 of the Labor Code of the Russian Federation. Ask the employee for a written explanation. If, after two working days, the employee has not provided an explanatory note, draw up an act of arbitrary form about this.

You can publish no later than one month from the day the misconduct was discovered, not counting the time the employee was sick or on vacation. Please note that the law prohibits the dismissal of an employee at the initiative of the administration during his illness or vacation.

Arbitrage practice

CASE 1

P. filed a lawsuit to declare the dismissal illegal and to reinstate him at work. He claimed that he was not drunk and did not violate anything. In addition, he believed that the employer violated the procedure for bringing to disciplinary responsibility.

At the court session, it was established that the employer had drawn up an act on P.'s appearance at the workplace in a state of intoxication. On the same day, P. was fired under paragraphs. "b" clause 6, part 1, article 81 of the Labor Code of the Russian Federation. The act does not indicate on what grounds the employer came to the conclusion that the employee was in a state of intoxication. Honey. examination was not carried out. The employer did not give the plaintiff the opportunity to provide any explanations, did not investigate the circumstances of the case, and on the same day issued a dismissal order.

By the decision of the court, the claims of the employee were satisfied.

CASE 2

M. was fired for appearing at work in a state of intoxication. He did not agree with the dismissal and filed a lawsuit. In the application, he indicated that he was on leave that day for family reasons. The master called him and asked him to come to work to hand over the keys. Since M. was not going to appear at work, he drank a glass of beer in the morning, but he was not drunk. At the exit from the enterprise, the guards stopped him and drew up an act of being in a state of intoxication.

During the consideration of the case in court, M.'s testimony was confirmed. He really was on vacation without saving wages and came to the plant at the request of the master. In the explanatory note, the employee also pointed out these circumstances. The act of finding M. in a state of intoxication was drawn up in his absence, according to the guards.

The court reinstated the employee, recognizing the dismissal as illegal. The employer did not prove that M. was drunk. In addition, the plaintiff was at the enterprise during non-working hours for him.

People almost always appeal against dismissal for drunkenness - no one wants to have such an entry in the work book. Therefore, immediately draw up all the documents as you would prepare them for the court.

Make sure the employee was intoxicated during work hours. A common mistake of many employers: security detains an employee at the entrance who came to work in advance, but with signs of intoxication. They draw up an act, and the employee leaves home. And his working time has not yet come, i.e. on the territory of the enterprise, this person was not in a state of intoxication during working hours. And you can't fire him for it.

A similar situation: an employee stayed late at work and gets drunk already. And in court then he will claim that he drank after the end of working hours. If the employer fails to prove otherwise, the dismissal is declared illegal.

A medical report is not mandatory, but it will most reliably confirm the fact of intoxication. Therefore, if you have any doubts about the sobriety of an employee, suggest that he go to a medical institution for examination. If the employee refuses to be examined, draw up an act of refusal, in court it will serve as an additional argument in your favor.

When drawing up an act on the employee being in a state of intoxication, indicate in detail on what grounds the employees who drew up the act came to this conclusion. Be aware that in the event of a dismissal dispute, these employees will most likely be subpoenaed as witnesses.