13.09.2022

PUNISHMENT FOR THE USE OF ALCOHOL DURING WORK

The employer or the immediate supervisor may temporarily remove from work a worker or an employee who appears in a condition that does not allow him to perform his work duties, uses alcohol or another strong intoxicant during working hours.

The suspension shall continue until the worker or employee regains fitness to perform his assigned work.

During the time the suspension lasts, the worker or employee does not receive labor remuneration. Dismissal is an act that temporarily suspends the performance of the work obligation without terminating it. By its legal nature, it is a coercive disciplinary measure and represents a specific manifestation of the employer's disciplinary power.

When performing the work for which he has agreed, the worker or employee is obliged to report to work in a condition that allows him to perform the assigned tasks and not to use alcohol or any other intoxicating substance during working hours. Otherwise, it is considered a violation of labor discipline.

Practice shows that, in addition to the law, the employee's obligation to report to work in a condition that allows him to perform his work in a quality and safe manner is also regulated in his job description, which he signs before being appointed to the relevant workplace.

Another way to regulate such relationships is the Rules for the internal labor order in the relevant workplace. The employer is obliged to issue a regulation for the internal labor order, which defines the rights and obligations of the employees and the employer in terms of the employment relationship and regulates the organization of work in the enterprise according to the particularities of its activity. The employer issues the rules for the internal work order, after conducting preliminary consultations with the representatives of the trade union organizations in the enterprise and with the representatives of the workers and employees under Art. 7, para. 2 of the Labor Code.

Reference:

Art. 126, art. 181, Art. 187 and Art. 199 of the Labor Code