Can an employee be fired for using drugs at work?
During my break, I was informed that an employee used drugs in the company restroom. So I would like to ask, can my company unilaterally terminate the contract or fire an employee who uses drugs at work? The concern of Mr. Tran Van Hung (Tan Mai ward, Nghe An)
Reply: Pursuant to Clause 1, Article 36 of the 2019 Labor Code, which stipulates the employer's right to unilaterally terminate the labor contract, specifically as follows:
The employer's right to unilaterally terminate the employment contract.
1. The employer has the right to unilaterally terminate the labor contract in the following cases:
a) Employees who regularly fail to complete work according to the labor contract are determined according to the criteria for assessing the level of work completion in the employer's regulations. The regulations for assessing the level of work completion are issued by the employer but must consult the representative organization of employees at the facility where there is a representative organization of employees at the facility;
b) Employees who are sick or have an accident and have been treated for 12 consecutive months for employees working under an indefinite-term labor contract or for 6 consecutive months for employees working under a fixed-term labor contract with a term of 12 to 36 months or for more than half of the term of the labor contract for employees working under a fixed-term labor contract with a term of less than 12 months but whose ability to work has not yet recovered.
When the employee's health recovers, the employer shall consider continuing to sign a labor contract with the employee;
c) Due to natural disasters, fires, dangerous epidemics, war or relocation, or reduction of production and business at the request of competent State agencies, the employer has taken all remedial measures but is still forced to reduce the number of jobs;
d) The employee is not present at the workplace after the time limit specified in Article 31 of this Code;
d) Employees reach retirement age as prescribed in Article 169 of this Code, unless otherwise agreed;
e) Employees who voluntarily quit their jobs without valid reasons for 05 consecutive working days or more;
g) Employees provide dishonest information as prescribed in Clause 2, Article 16 of this Code when signing a labor contract, affecting the recruitment of employees.
Accordingly, employees using drugs at work are not in cases where employers have the right to unilaterally terminate the labor contract.
Therefore, your company does not have the right to unilaterally terminate the employment contract with this employee.
