Does drunkenness at work allow dismissal for just cause?

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Due to art. 482, paragraph “f” of the CLT was not changed by the reform in 2017, many employers have asked what to do when faced with an employee who is drunk at work. Is there a possibility of dismissal for just cause or not?

When the CLT was drawn up in 1943, alcoholism was not considered a disease by the World Health Organization, unlike what happens today.

Another reason that leads to doubts is that article 482, paragraph “f” of the CLT does not distinguish whether habitual drunkenness is simple or pathological.

In fact, there is a contemporary tendency to consider employee habitual drunkenness to be a degenerative and fatal disease which, instead of justifying the exercise of the employer’s disciplinary power, should, for humanitarian and social reasons, lead to the suspension of the employee’s employment contract. alcoholic, so that he can obtain medical treatment or even disability retirement.

Pathology

Currently, chronic alcoholism is formally recognized as a disease by the International Code of Diseases (ICD) of the World Health Organization – WHO, under the title ‘Alcohol dependence syndrome’ (reference F- 10.2). It is a pathology that generates compulsion, drives the alcoholic to consume psychoactive substances uncontrollably and takes away their ability to discern their actions.

Therefore, it is necessary to refer him for treatment and not punish him.

In this way, although art. 482, paragraph “f” of the CLT, originally came in the opposite direction, the most recent decisions treat as outdated and exaggerated the dismissal for just cause of an employee under signs of intoxication, promoting the concept of procedures that determine removal for treatment, complying with the stages of referral for medical consultation, expertise with the INSS and appropriate treatment.

Caution

The situation requires caution when making company decisions on the subject.

There are a series of points to be observed, such as: What is habitual drunkenness? What is eventual drunkenness? How do you know if drunkenness is pathological or not? What actions should be taken towards an employee who exhibits such behavior?

Use the Sindilojas-SP Legal Consulting services, whose team is prepared to clarify all points of the matter in question. Associated companies have this benefit, with no limit on services. Click here to learn more!

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