C. If performing work under the influence of alcohol or drugs involves creating or increasing a danger or RISK to things or people, for example the driver of a bus who endangers passengers by being drunk or drugged. In all cases, habitual drunkenness is usually accompanied by other breaches of contract, such as decreased performance8, failure to comply with preventive measures that increase the risk to the safety and health of the worker or others9, or behaviour involving disrespect or harassment of colleagues10. In addition, the employee`s own state of intoxication, when invoked as a ground for dismissal, is considered a breach of contractual good faith and a breach of trust, which in itself constitutes a justifiable ground for disciplinary dismissal within the meaning of Article 54.2(d) TRT. This means that, on many occasions, dismissal for habitual drunkenness with negative effects on work is justified not only for this reason, but also for violation of good faith and breach of trust, as well as for any other behavior derived from drunkenness, which in turn can be a cause of sanction for the employer. Alcohol consumption during or before the working day can lead to discomfort in the use of work equipment and instruments, interfere with the proper performance of tasks and cause accidents. ► The demands of habit and the negative effects on work must be met at the same time. In addition, section 72 of the Labour Code expressly prohibits “working in a state of intoxication or in another analogous state”, understood by analogy as any other condition that reduces his cognitive and physical abilities for the development of the work (drugs or medication without notifying the employer), therefore, the employee must ensure that he does NOT consume alcohol before work and even less in the center of the Now, There are companies that have provided food to employees during working hours and offer them a beer or access to an alcoholic beverage, this is an employer benefit that SHOULD NOT BE EXCESSIVE because there must always be a reasonable and proportionate action by the employee in order not to be sanctioned. 7ORTEGA LOZANO, P.G. and GUINDO MORALES, s.: “Jurisprudential criteria for termination of employment due to drunkenness or drug addiction of the employee: the negative effects on work”, in Revista Española de Derecho del Trabajo, No. 227, 2020, p. 19.

In fact, among the prohibitions for the worker is “to go to work while drunk or under the influence of narcotics or annoying drugs”, according to article 60 of the Labour Code. Alcohol is very present in our society and its consumption, like that of other drugs by the working population, is a known reality, according to data from the Spanish Monitoring Centre for Drugs ± 2015. Although the consumption of alcoholic beverages is normalized, alcohol remains a toxic substance that poses serious risks to physical and mental health, so its consumption should be avoided. All states prohibit the supply of alcohol to anyone under the age of 21, although states may have limited exceptions related to legal employment, religious activities, or the consent of a parent, guardian, or spouse. In States where an exception is made for this type of consent of a family member, it is an exception that is generally limited to certain places (for example, private places, private homes or the home of the child`s parents or guardian). No state provides an exception that allows a person other than a family member to provide alcohol to a minor on private property. In addition, several states have laws that provide that “social hosts” are responsible for drinking minors at events they have rented or controlled at a venue they own, whether or not the social host provides the alcohol. According to Article 54.2.f of the consolidated text of the Law on the Status of Workers (TRET), habitual drunkenness or drug addiction that has a negative impact on work is one of the possible causes of termination of the employment contract as a unilateral decision of the employer and falls under the qualification of “disciplinary dismissals”.

It is well known that these dismissals are based on a serious and culpable breach by the employee, making it the most serious sanction that the employer can impose in the exercise of its disciplinary power.1 STSJ Madrid No. 162/2020 of 12 March 2020 (Rec. 836/2019) establishes the legitimacy of disciplinary dismissal for habitual drunkenness with negative effects on work if it is based on the judgment convicting the employee of committing a crime of driving under the influence of alcohol during the working day, it being understood that this constitutes sufficient evidence of the breach of contractual good faith and breach of trust on the part of the employee. As for the second question, remember that such drunkenness can occur both inside and outside the workplace, as well as working hours. However, for that ground for dismissal to be legitimate, it is necessary that such drunkenness leads to a negative result for the undertaking, either because it affects its production or because it has a legitimate interest and constitutes direct or indirect damage. In any event, these negative effects on professional activity must be “real and not merely hypothetical and in some way to the detriment of the quality provided by the employee or the level of his performance”7.1In this context, ORTEGA LOZANO, P.G. and GUINDO MORALES, S. stressed that this category of dismissal “includes both the dimension of sanction, owned by the employer, as well as the structure of the contractual dismissal on the basis of the principle of causation`. In “Jurisprudential criteria for termination of employment due to employee intoxication or drug addiction: the negative impact on work”, in Revista Española de Derecho del Trabajo, No. 227, 2020, p.

2. Convictions confirming that smoking a joint at work is NOT grounds for disciplinary termination. You can read this news about several cases of unfair dismissals due to alcohol or drug use in the workplace Lack of motivation for work ↗, lack of positive reinforcement, lack of personal growth or career advancement, overwork and responsibility or monotony are some of the factors that can lead to an increase and maintenance of alcohol consumption. as pointed out by the Trade Union Intervention Committee of Proyecto Hombre, led by David Garcãa, director of Proyecto Hombre La Rioja.