PROBLEMS OF APPLYING THE CONCEPT OF WORKING TIME IN CASES OF DISMISSAL FOR EMPLOYEE’S APPEARING UNDER THE INFLUENCE OF ALCOHOL

Abstract

To date an urgent task of the Russian Federation is to conduct a policy of alcoholism prevention. The regulatory framework contains measures of responsibility, federal concepts for alcoholism prevention are being implemented, temporary restrictions on alcohol purchase are put into action, and so on. Alcohol abuse causes a particularly high death rate among men of 40 to 60 years old, who at this age have the most valuable professional skills. Their premature death damages the workforce with professional experience and reduces the amount of investment in human capital. In the field of labor relations, it is envisaged to apply disciplinary penalties in the form of dismissal of an employee for being under alcoholic intoxication at work. However, the mechanisms provided for in the labor legislation are not always implemented in an appropriate way due to different approaches in applying the law, thus the employer has problems. Purpose: analysis of problems of law enforcement of the concept “working time”. Methods: empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods are used: legal-dogmatic and method of interpretation of legal norms. Results: the study allowes us to consider different approaches to the use of the concept of “working time”. The analysis of judicial practice on reinstatement of employees who appeared under alcoholic intoxication at hazardous production facilities in the Republic of Bashkortostan is also carried out. To date, there is no uniform practice for restoring employees who were intoxicated on the employer’s territory. This fact is a gap in the mechanisms of combating alcoholism. Until appropriate changes are made to the Labour Code of the Russian Federation, judicial practice in such cases will remain controversial.