The lawyer named the grounds for punishment for the smell of food at work

The employer has the right to apply disciplinary measures to an employee for a strong smell of food, if this violates the internal rules of the company and interferes with colleagues. Ilya Vasilchuk, a judicial lawyer, an expert on the security of electronic transactions and real estate transactions, and a public figure, told Izvestia on April 9.

"Dismissal is possible only in case of repeated violations after the application of other disciplinary measures," the expert noted.

According to Vasilchuk, the key condition is the availability of relevant requirements in the company's internal documents — labor regulations, employment contract or code of ethics. The violation must also be documented, for example through employee complaints or memos.

The lawyer stressed that disciplinary measures are possible if the employee has not previously eliminated the violation after warnings. However, in the first case, the use of strict measures, including dismissal, will be illegal — the employer must limit himself to a remark or reprimand. Termination of the employment contract is possible only in case of repeated violations.

Vasilchuk also recalled that the procedure for applying disciplinary penalties is regulated by the Labor Code of the Russian Federation. The employer must record the fact of the violation, request a written explanation from the employee and comply with the established deadlines. Otherwise, the collection may be considered illegal.

Outline the situation: how to dissuade a teenager from getting a tattoo

Hormonal fluctuations can push children to do something rash, which they will regret later.

It is important to consider possible valid reasons. If the unpleasant odor is related to a health condition and is confirmed by medical documents, dismissal may be considered discrimination.

Vasilchuk added that the employee has the right to challenge the penalty in court, the state labor inspectorate or the labor dispute commission. The grounds for cancellation may be violations of the procedure, disproportionate punishment, or lack of guilt.

In addition, sanitary standards also require comfortable working conditions. Rospotrebnadzor recommends that you do not bring products with a pungent odor to the office and do not leave food in the workplace to avoid discomfort for others.

Vasilchuk told Izvestia on April 2 that stealing food from a shared refrigerator at work could result in administrative or criminal liability, depending on the value of the stolen item. It was clarified that such actions are qualified as theft — the illegal seizure of someone else's property causing damage to the owner.

All important news is on the Izvestia channel in the MAX messenger.