Disciplinary dismissal due to alcohol intoxication or substance influence.

According to labor legislation and the collective agreement of the hospitality and restaurant sector in Alicante, an employer may dismiss an employee for:

• Repeated drunkenness or drug use if it negatively affects work.
• Breach of discipline or abuse of trust.

Dismissal is possible, but it is important to have evidence that:

• The intoxication incidents occurred repeatedly.
• It interfered with work or created problems within the team.
• The employee had previously received formal remarks or warnings.

Disciplinary dismissal procedure:

1. Gather sufficient formal written warnings, or issue them in advance within the days prior to dismissal.

2. Prepare and deliver a dismissal letter stating:
   – Specific facts (dates and incidents when the employee arrived intoxicated or consumed alcohol at work)
   – Effective date of dismissal

3. The letter must be delivered to the employee against signature, with a copy retained by the employer.
   No 15-day notice is required — disciplinary dismissal takes effect immediately on the date indicated in the letter.

Risks and recommendations

• If the employee challenges the dismissal in court, the judge will review whether sufficient evidence exists.
• If evidence is insufficient, the dismissal may be declared:

1. Unfair — compensation must be paid (33 days’ salary per year worked).

2. Null and void — all salaries from the dismissal date until the court decision must be paid, even if the employee did not work during that period.

To reduce risks:

• Collect witness statements from colleagues or supervisors.
• Retain medical reports, records, and formal written warnings.