27 Nov Termination of the Employment Relationship with cause: Attending work in a state of intoxication or under the influence of narcotics or drugs.
One of the most common grounds for terminating an employment relationship in Mexico arises when there is suspicion that an employee is under the influence of a drug or in a state of intoxication during working hours.
Is your Company prepared to handle such cases?
1. Legal Basis
Pursuant to Section XIII of Article 47 of the Federal Labor Law (LFT by its acronym in Spanish), it is possible to terminate the employment relationship without liability for the Employer, when the employee reports to work in a state of intoxication or under the influence of any narcotic or specific drug, except when such substance was previously described by a physician. The law also states that, prior to the start of its shift, the employee must inform the Employer and provide the corresponding medical prescription.
2. Current Challenges for Employers and/or Companies
Although the Federal Labor Law allows termination without liability for the Employer, it is important to be able to recognize that if an employee consumes alcohol or drugs during their days off and/or outside of his working hours (e.g., weekends), and this is detected through a routine medical test, it does not necessarily constitute grounds for termination. The aforementioned, considering that the substance could remain in the employee's organism, while not necessarily indicating that the employee is under the influence of such substance during working hours.
In this context, the Employer has the burden of crediting the circumstances of manner, time, and place to meet the legal criteria, to prove that the employee reported to work in a state of intoxication or under the influence of a narcotic or specific drug or substance.
3. Policies and Procedures for Medical Testing
It is advisable to implement policies and procedures to conduct medical tests aimed to safeguarding the health of employees and ensuring the safety of the workplace and the Company’s operations. These should be formalized within the Company's Internal Work Regulations and Occupational Health and Safety Program.
It is important to provide regular training and education to all employees to prevent them from executing such practices.
Finally, the Employer has a specific timeframe to sanction these conducts, starting from the moment any employee reports to work in a state of intoxication or under the influence of a narcotic or specific drug.
Should you require further assistance, please do not hesitate to contact us, as we will be glad to support you in addressing the potential implications arising from this cause of termination.
Contact:
Gerardo Valencia
Adrián Pérez
Eduardo Hale
THE ABOVE IS PROVIDED AS GENERAL INFORMATION PREPARED BY PROFESSIONALS WITH REGARD TO THE SUBJECT MATTER. THIS DOCUMENT ONLY REFERS TO THE APPLICABLE LAW IN MEXICO. WHILE EVERY EFFORT HAS BEEN MADE TO ENSURE ACCURACY, NO RESPONSIBILITY CAN BE ACCEPTED FOR ERRORS OR OMISSIONS. THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS LEGAL, ACCOUNTING OR PROFESSIONAL ADVICE BEING RENDERED.