Disciplinary dismissal for drunkennes or drug addiction

Article 54 of the Workers’ Statute establishes the legally assessed causes in order to exercise the
maximum sanctions against a worker permitted by our legal system: disciplinary dismissal. This
article aims to establish both the causes and the grounds for the same in the case of drunkenness
or drug addiction of the worker, as well as the appropriate procedure and the possible issues
of completion of the process -declaration of origin, inadmissibility and nullity of the dismissal-.
The structure of the article allows an initial temporary vision of the study of the issue from its
incorporation to the Labour Law in 1941 to the present, the concretion of the concepts of
habituality and negative repercussion in the work -as the basis of the justification of the disciplinary
dismissal for drunkenness or drug addiction- and the legal concept of disciplinary dismissal
for the aforementioned cause, as well as its possible qualifications based on the justification
and form of disciplinary dismissal.

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!_autor

  • Ana N. Escribá Pérez - Directora del Grado en Derecho Universidad Internacional de Valencia. VIU

Keywords:

Drunkenness, Drug Addiction, Disciplinary Dismissal, Habituality, Negative repercussion at work, Gradualist Theory.

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