Lawyer Max Jason Vargas Calderonassociated with Estudio Gálvez Monteagudo, spoke with Correo and explained to us about the possibility that a person could be fired if found drunk during working hours from home office.
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It should be noted that the pandemic Covid-19 generated the adoption of new forms for the execution of the tasks contracted with a worker. Thus, to this day many companies maintain remote work, either partially or totally.
for the lawyer Max Jason Vargas Calderonthe fact that a worker performs remote work only implies the change of the place of work provision, but does not limit or restrict the supervisory power that every employer has over the work that is carried out.
“Within this power of supervision is not only compliance with the working hours or of the entrusted tasks, but also the efficient provision of the same, which could imply that the employer can adopt mechanisms that allow a worker to be supervised in terms of his condition and physical aptitude during the working day. Thus, if the employer finds any fault or non-compliance, it could initiate the corresponding dismissal procedure, ”said the specialist in dialogue with this medium.
Likewise, he pointed out that it should be taken into account that the Single Ordered Text of the Labor Productivity and Competitiveness Law establishes that the dismissal of a worker must have a just cause, which may be related to capacity or conduct. of the worker.
“Among the just causes for dismissals related to the conduct of the worker, we find infractions of the essential duties that emanate from the employment contract, among which is contemplated the repeated attendance in a state of drunkenness at the workplace. Attendance while intoxicated will also be cause for dismissal, even if not repeatedly, when due to the nature of the function or work, this is exceptionally serious, ”he said.
For this reason, according to Vargas Calderón, being drunk during working hours, even if it is in the home office or remote work modality, could lead to the dismissal of a worker, since these modalities only allow the change of place of work provision. more does not eliminate the other obligations that a worker has.
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“For this purpose, the employer must not only initiate and follow the respective procedure, guaranteeing the worker’s right to defense, but must also have the evidence that can support the imputation that is made, which could be a little complicated in a scenario like the one proposed, but it would not be impossible to raise and prove it, “he said.
