The Supreme Court of the Russian Federation allowed to dismiss drunk workers without a medical examination

CrimeaPRESS reports:

The Supreme Court of the Russian Federation established the right of an employer to fire a drunk employee without a medical examination. This follows from the materials of the case on the reinstatement of a defense plant locksmith, who was fired for appearing at the workplace in a state of intoxication.

The state of alcoholic or narcotic or other toxic intoxication can be confirmed both by a medical report and other types of evidence, which must be assessed accordingly by the courtthe Supreme Court of the Russian Federation determined.

Precedent — to help employers in the fight against negligent subordinates. According to the case file published on site The Supreme Court, a mechanic of the St. Petersburg plant «Red October», which produces helicopter engines, came to the workplace in a state of intoxication. The employee responsible for compliance with the regime drew up an act on his being at the workplace in a state of intoxication, the locksmith himself could not write an explanatory note, only writing on the act itself: “Sorry! I admit I made a mistake!«

The boss sent him for a medical examination, but did not pay for it and did not provide transport, and the locksmith himself refused to pay 1,600 rubles for the procedure. He was fired, but the worker went to court.

According to the “offended” worker, the management of the enterprise had no evidence of the state of intoxication, and he made an entry in the act under pressure. He demanded not only to reinstate him at work and pay wages for forced absenteeism, but also compensation for non-pecuniary damage, “due to the fact that the current situation had a negative impact on his well-being, led to insomnia and stress«.

The courts of three instances met him halfway and reinstated him at work, recognizing that there was no evidence for dismissal under the article. The company had to go to the Supreme Court of the Russian Federation to prove its case.

The Supreme Court reversed this decision, pointing out the need to take into account a combination of factors capable of confirming the intoxication of an employee. As noted in court, such a state of «can be supported both by a medical report and other types of evidence«. The court also recalled that one should not appear drunk not only at one’s workplace, but also in general on the territory of an employing organization or facility where, on behalf of the employer, an employee must perform a labor function. The case was sent to the court of first instance for retrial. And it is unlikely that another verdict will contradict the position of the Supreme Court of Russia.

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