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Date Published: 12/04/2024

Can you be sacked in Spain for turning up to work drunk?

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A Murcia company was recently forced to rehire an electrician caught drinking on the job

Can you be sacked in Spain for turning up to work drunk?

If the first thing that springs to mind when thinking about Spain is the year-round sunshine, then the second must surely be sipping a cool beer or chilled glass of vino while sitting in said sun. It’s a country where workmen are frequently seen chugging a pint on their mid-morning break, and where boozy corporate lunches often stretch long into the afternoon.

But what are the hard and fast rules about drinking while working, and can employees get into trouble for boozing on the job?

This very question was categorically answered by the Superior Court of Justice around this time last year, when they forced a company to rehire an electrician who they’d fired for repeatedly guzzling copious amounts of alcohol during working hours.

Essentially, the judge ruled that going to work drunk, or indeed, getting sozzled while at work, doesn’t necessarily justify dismissal.

It’s worth noting that the ‘model’ staff member in question in the Murcia case was repeatedly caught on camera downing litre upon litre of beer during his breaks, washed down with more cans of lager and glasses of red wine throughout the day.

Despite this, the court found that the company could offer no proof that the alcohol consumption had diminished “his physical and mental faculties,” or that he “was impeded when he drove the company van at the end of the working day.”

They were ordered to reinstate the electrician or cough up more than 47,000 euros in compensation.

What does the Workers’ Statute say?

When serious employee misconduct warrants immediate termination, employers usually turn to the disciplinary dismissal procedure outlined in the Statute.

Unlike regular layoffs, disciplinary dismissals require no advanced warning nor do they entitle staff to monetary settlements, though severance packages and unemployment benefits can be applied in some cases.

Article 54 of the Workers' Statute established clear grounds for disciplinary dismissal, such as chronic intoxication or substance abuse affecting professional performance. Two conditions justify these dismissals:

1. Persistent impairment: Habitual drunkenness or drug addiction if it has a negative impact on work performance.

2. Job compromise: Drinking or drug use that poses a real or potential danger.

But while the law in general requires there to be real proof of an ongoing drinking issue that impairs the worker, it’s worth remembering that jurisprudence also says that some collective agreements include their own contract causes. In many cases, these list a single drunken episode at work as cause for dismissal.

In other news: Spain plans to scrap Golden visa scheme

Image: Freepik

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