Proving You're Not a Camel: A Sober Worker Accused of Drunkenness at a Construction Site in Riga

The son, after serving time, got a job at a construction site, but two weeks later the boss said he was firing him because he allegedly showed up drunk for work. The son says he didn't drink at all, he just had a serious argument with the boss the day before, and the boss retaliated in this way.

Question: If the son contacts the labor inspectorate, will he have to prove that he was not drunk at work? Or will his boss have to prove that the worker was drunk? And how can this be proven if no alcohol tests were conducted that day? Reader from bb.lv

Answered by Alevtina Grigorenko, lawyer:

– According to Article 39 of the Labor Law (quote, translation — M.B.), "a labor contract is considered concluded from the moment when the employer and the employee reach an agreement on the work to be performed and the remuneration, as well as on the further subordination of the employee to the established labor regulations and the employer's instructions."

A significant factor in assessing the situation is whether a probationary period was established in the contract. This is an important aspect that, along with other circumstances, must be taken into account in this situation. It is important to consider this because when concluding a labor contract, a probationary period allows for determining whether the employee is suitable for the work entrusted to him.

The probationary period cannot exceed three months; only if there are legal grounds can it last up to six months. The mentioned period does not include the time of temporary incapacity for work and other times when the employee did not perform work for valid reasons (Labor Law, Article 46, paragraphs 2 and 4). A probationary period is also not established for persons under 18 years of age (Article 46 of the Labor Law, paragraph 1). If the condition regarding the probationary period is not specified in the labor contract, the contract is considered concluded without a probationary period.

From the question, it follows that the employee worked for two weeks before the conflict with the boss occurred. If a probationary period was stipulated in the contract, then according to the Labor Law (Article 47, paragraph 1), "during the probationary period, the employer and the employee have the right to refuse the labor contract, notifying each other in writing three days in advance. When terminating the labor contract during the probationary period, the employer is not obliged to state the reason for termination."

However, if the contract lacks a clause about the probationary period, the employee has legal grounds to request documentary confirmation of the mentioned reason from the employer and then to contact the State Labor Inspectorate with a complaint about the violation of his (the employee's) rights, requesting that this issue be considered, and if a violation is found, to hold the employer accountable.

It is also important to note that if the employee did not undergo a probationary period and, accordingly, was not dismissed within the framework of the probationary period, the employer will be obliged to prove the employee's guilt that led to the termination of the labor contract (and not the employee to prove his innocence).