The expert explained the rules of dismissal for smoking in the workplace
An employee can be fired for smoking in the workplace if it is prohibited by a local regulatory act of the employer, while dismissal is applied as an extreme disciplinary measure. This was announced on April 6 by Irina Kotlyarova, head of one of the personnel companies in Primorsky Krai.
"Employees protect themselves from stress at work by smoking, the habit of smoking prevents employees from coping with tasks, and the cost of the production process increases for the employer. And the question arises: is it possible to be fired for smoking in the workplace? Smoking is prohibited in workplaces and work areas in the premises — paragraph 9 of part 1 of Article 12 of Federal Law No. 15 of February 23, 2013," said the agency interlocutor RIA Novosti.
Kotlyarova explained that the employer has the right to establish a ban on smoking in the controlled territory in a local regulatory act. In case of violation, an employee may be disciplined: the employer requests an explanation, issues an appropriate order and introduces it to the employee under the signature. If an employee has at least one outstanding penalty, dismissal can be applied as an extreme measure of responsibility.
Ilya Vasilchuk, a trial lawyer, said 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.
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