Drunk Suspension Act 2021

The most common reasons for removal

To begin with, it should be said that removal from work is not a right, but an obligation of the employer.

It happens due to certain circumstances. The most common reasons include:

• the employee does not have a medical book with the necessary notes on his state of health;
• medical contraindications;
• lack of information about familiarization with internal labor protection rules at the enterprise;
• an employee coming to work in an inadequate state (drug, toxic, or alcohol intoxication).

There are other reasons for removal, but they are less common and are more likely of a targeted nature.

How to compose correctly

Article 76 of the Labor Code of the Russian Federation does not provide clear explanations of how such a form should be drawn up. If the document on suspension from work is drawn up due to alcohol intoxication, the employee must be sent to doctors. The grounds for removal should be described in as much detail as possible. In the case of alcohol intoxication (the most common cause), you need to write down the signs indicating this:

• Red eyes;
• unsteady gait (uneven);
• tremor;
• speech problems;
• inappropriate behavior;
• the smell of alcohol;
• other signs.

1. The act is formed in any form, however, if the company has a document format developed and approved by management, then it should be used. We recommend that this form appear in the company's regulatory documents.
2. The act can be filled out by hand or printed on a computer; a regular sheet or form with company details and the company logo is also suitable for it. If the act is drawn up on a computer, after final preparation it should be printed for approval.
3. The act is drawn up in at least two copies, one of which is given to the employee, the second remains within the organization. Additionally, copies of the form are printed for witnesses to the incident.

The scheme of the act of suspension from work requires the signature of the offending employee. In case of refusal, an additional document is drawn up recording this. It also needs to be signed by witnesses. Based on the order, the employee is sent for a medical examination, which will confirm that he is intoxicated. After this, the employer should draw up another order not to allow such an employee to perform job duties.

Procedure for dismissal from work

You cannot simply dismiss an employee from work. To do this, you need to follow a certain procedure:

1. The first step is to draw up a documentary basis in writing (for example, write an act), which must comply with the Labor Code of the Russian Federation (Article 76), as well as other federal laws and local regulations of the company.
2. Then, on this basis, a separate order is drawn up, which specifies the reason for removal from work, as well as the position and full name of the employee.

Only after this can a person be removed from performing his official functions.

It should be noted that a work ban is always temporary, so the period of suspension must also be included in the order form.

Act of removal from work

Using this link you can download for free “Sample act of suspension from work” in doc format, size 11.0 KB

The employer has the right to temporarily suspend an employee from performing labor duties on the grounds listed in Article 76 of the Labor Code of the Russian Federation. For the removal to be legal, it must be formalized accordingly. Although the Labor Code does not clearly indicate a written order, it is advisable to prepare evidence of the validity of such a decision in order to avoid misunderstandings in the event that the employee challenges the suspension in court.

In most cases, the cause is alcohol or drug intoxication - in this state, admission to work can lead to the creation of threatening situations, and the offense “pulls” not only suspension from work, but also dismissal under the Labor Code. Doctors establish the fact of intoxication, but before the examination you need to draw up a report about appearing at work while intoxicated. The document is signed by two or more witnesses and in the event of a trial it will become additional evidence.

There is no strict form for this act, but there are a number of requirements for its preparation. The act should indicate:

• Company name (in full)
• Date and place of drawing up the act
• Last names, first names, patronymics and positions of the author of the act and witnesses
• Details of the employee who committed a violation of labor discipline (full name, position)
• Date and time the violation was discovered
• Grounds for suspension from work, for example, alcohol intoxication
• Obvious signs of intoxication
• Date and time of suspension from work
• Signatures of the person who drew up the act and witnesses

The employee against whom suspension has been taken must read the document and sign it. In case of refusal, the fact is recorded in another act with the signatures of the originator and two witnesses.

As grounds for the assumption of alcohol intoxication, existing signs can be listed, for example, a characteristic odor, impaired coordination of movements, shaking hands, incoherent speech, inappropriate behavior, etc. The condition of the suspended employee should be described in sufficient detail so that in the event of a trial, questions about the validity do not arise. suspicions. The act of removal becomes the basis for a medical examination. If a medical report confirms that the employee is in a state of alcohol or other intoxication, the manager draws up an order prohibiting him from performing work duties.

Who creates the order

The direct function of drawing up an order for removal can be included in the responsibilities of any employee of the organization who has certain knowledge of the Civil and Labor legislation of the Russian Federation, as well as experience in writing such orders. Typically this is:

• personnel officer;
• legal department specialist;
• secretary;
• director of the company.

At the same time, it is always worth remembering that regardless of who specifically writes the order, it is issued on behalf of the director of the enterprise and must be certified by him.

How to support an order

All orders issued in an organization must be based on something and justified in some way. Most often, the basis in this case is an official or memorandum from the head of the structural unit in which the suspended employee works, as well as an act that indicates a violation that led to removal from work. As a justification, you need to clearly formulate the reason, which is usually included in the document after the words “In connection with...”.

If you create an unsubstantiated order and do not make any references to legislation or internal documents of the company, in the event of inspections by regulatory organizations (for example, a labor inspectorate), it will be very easy to refute it, and even moreover, for the lack of grounds for writing the order , the company's management may be brought to administrative liability.

How to fill it out correctly

There is no standard form for an act of removal from work, but there are mandatory requirements for drawing up the document. You need to indicate the following:

• full name of the organization;
• place, date;
• position and full name paper compiler;
• position of witnesses (at least two people) and their full names, also in full;
• similar data about the employee suspended from work;
• time of violation;
• reasons (intoxication or other reason);
• signatures with transcripts from witnesses and the author of the form.

Be sure to decipher your full name. in full form and indicate the positions of the manager, witnesses, and the offending employee. In addition to this document, the situation may require the preparation and completion of accompanying forms.

When drawing up a form for an act of dismissal from work, it is necessary to disclose in detail and describe the circumstances that served as the reasons for this decision. Signs and all observed non-compliances and violations are also indicated. The more detailed the description, the fewer questions the employer will have in the event of litigation.

Formation of an order for removal

To date, there is no standard unified sample order for suspension from work, so company representatives can write it in any form or according to the organization’s internal template. The only important thing is that the document in its structure complies with the norms of office work, and in its text and content - with the rules of the Russian language.

It is also necessary that the order include a list of certain information:

• the name of the company where it is published;
• its number according to the company’s internal document flow;
• date and place of compilation;
• position and last name, first name and patronymic of the employee who was suspended from work;
• the reason for creating the order (in other words, to indicate the essence of the claim against the employee);
• date or period of suspension from work;
• references to the basis and justification (the act in which the violation is recorded, a report or memo from the head of the department in which the suspended employee works).

After this, the head of the enterprise includes in the order the employees responsible for its execution (usually the head of a structural unit or a personnel officer, but if these positions are not available in the organization, the director can take on this function).

An order to remove an employee from work. Form

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Rules for placing an order

There are no special criteria for both the content of the order and its execution, so you can write it by hand (with a ballpoint pen, but not in pencil) or in printed form. For the order, it is permissible to use an ordinary A4 sheet or the organization’s letterhead.

The completed order must be signed by the director of the enterprise or a person authorized to act on his behalf (the use of facsimile autographs, i.e. printed in any way, is not allowed). Also, the order must be signed by the persons responsible for its implementation and the employee who is suspended from work.

If the latter refuses to sign the director’s order, this does not become grounds for canceling the order. In such cases, another document is drawn up - an act of refusal to sign the order (for this, two witnesses should be involved).

There is now no strict need to certify an order using a seal or stamp, since from 2021 organizations are exempt from the obligation to use stamped products in their work (unless this norm is included in their local regulations).

After drawing up the document

The order is usually drawn up in a single copy, but if necessary, additional copies can be made.

After drawing up and endorsement in the prescribed manner, it should be registered in the internal log book.

Then, during the period of validity, it must lie along with other orders of the director in a place closed to unauthorized persons, and after its relevance has expired, it can be sent to the archive of the enterprise, where it must be stored for at least five years.