Drinking Alcohol in the Workplace

Alcohol Use in the Workplace | Lawyer in Izmir

There is no legal impediment to an employee consuming alcohol in their private life outside of working hours. Such habits cannot be considered grounds for termination of employment. However, except in specific circumstances related to the nature of the work, consuming alcohol in the workplace gives the employer grounds for justified termination under labor law.

According to the relevant articles of the law, which will be discussed below, it is prohibited to come to work intoxicated and to consume alcohol in the workplace. The termination of an employee's employment contract due to alcohol consumption or arriving at work intoxicated constitutes justified termination by the employer, and the employee can be dismissed without compensation. This excludes exceptional circumstances where alcohol consumption in the workplace is necessary, which will be examined in detail later in this text.

Law No. 4857 Labor Law |’Article 25/II of the law regulates situations that violate moral and good faith principles and similar circumstances. Under this article, terminations made by the employer are considered justified terminations. Let's examine this further:

Labor Law |’'nun, 25/II :

• a) The employee misleading the employer by claiming to possess the necessary qualifications or conditions for an essential point of the employment contract at the time the contract was made, when in fact they do not, or by providing false information or statements.
• (b) The employee making statements or engaging in conduct that harms the honor or reputation of the employer or a member of their family, or making unfounded accusations and allegations that are damaging to the employer's honor and dignity.
• c) The employee sexually harassing another employee of the employer.
• d) The worker assaulting the employer, a member of the employer's family, or another employee of the employer, or acting in violation of Article 84.
• e) The employee engaging in conduct that violates honesty and loyalty, such as abusing the employer's trust, committing theft, or disclosing the employer's trade secrets.
• f) The employee committing an offence at the workplace punishable by imprisonment of more than seven days, and the sentence is not suspended.
• g) The employee's failure to report to work for two consecutive working days without permission from the employer or without a valid reason, or twice within a month on the working day following a holiday, or for three working days within a month.
• h) The worker's persistent refusal to perform the duties he/she is obligated to perform, even after being reminded of them.
• i) The worker endangering workplace safety due to their own will or negligence, or causing damage or loss to machinery, equipment, or other items and materials belonging to the workplace, or those under their control but not owned by the workplace, to an extent that they cannot compensate for the damage or loss with thirty days' worth of wages.

The above-mentioned articles are circumstances that allow the employer to dismiss the employee for just cause and without compensation. Although the law does not explicitly contain a regulation regarding the use of alcohol in the workplace, the prohibition is clearly stated in paragraph (d) of the article as "...acting contrary to Article 84".

Labor Law Article 84 concerns the prohibition of alcohol or drug use. According to this article:

• a) It is forbidden to come to work intoxicated or under the influence of drugs, and to consume alcoholic beverages or drugs in the workplace.
• b) The employer has the authority to determine under what circumstances, at what time, and under what conditions alcoholic beverages may be consumed in areas considered part of the workplace.

At the workplace Alcoholic İdrink Kuse Ydown Exceptions;

• a) Employees working in establishments where alcoholic beverages are produced and who, as part of their job, are responsible for inspecting the products produced.,
• b) Those who are required to consume alcoholic beverages as part of their job in workplaces where alcoholic beverages are sold or consumed, whether in sealed containers or openly,
• c) Those whose job requires them to drink alcoholic beverages with customers,

The provision "Not applicable to workers" stipulates that individuals falling under this category are not prohibited from consuming alcohol in the workplace.

Another important point to remember is that the employer must document the employee's intoxication with a doctor's report, written statements from the employee or customers, and a written record. Testimony from employees working at the workplace alone may not be sufficient if the employee objects. The employer must exercise their right to terminate the employment contract within 6 working days of learning of this incident. For legal advice or to learn more about the process, please contact us. Contact page.

Other works we have prepared within the scope of Labor Law;

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