Abstract

Objective: To analyze the medical–legal framework regarding drunkenness as grounds for termination of the employment relationship in Argentina, Peru, Costa Rica, and Mexico, considering alcoholism as a disease and its implications for occupational health.

Methods: A documentary and comparative review of labor legislation, jurisprudence, and doctrine was conducted in the four countries. Additionally, medical literature on alcoholism published between 2000 and 2023 was reviewed, using PubMed, Scopus, Web of Science, WHO, and ILO sources [1–3,5,9,13].

Results: Although labor laws in Latin America recognize drunkenness as just cause for dismissal [4–7], judicial practice has progressively incorporated principles of proportionality, human dignity, and the right to health [13,14]. National jurisprudence shows variability: while some courts uphold dismissal, others consider alcoholism a disease requiring treatment and rehabilitation [16–21]. The medical literature highlights the health burden of alcohol use and the need for workplace interventions focused on prevention and reintegration [9–12,22].

Conclusion: Dismissal due solely to drunkenness is insufficient without evidence of recurrence, direct harm to productivity, or risk to third-party integrity. A balanced approach integrating occupational health policies, rehabilitation measures, and proportional sanctions is recommended.

Abstract

Drunkenness as grounds for termination of the employment relationship without employer liability has been widely debated in Latin America. Although contemplated in the labor laws of Argentina, Peru, Costa Rica, and Mexico, recent case law questions its strict application. From a medical perspective, alcoholism is recognized as a chronic, progressive disease, creating tension between workers' right to health and employers' authority to terminate contracts_[1–3]. This article provides a medical-legal comparative analysis of legal and health criteria regarding workplace drunkenness. The study highlights the principle of proportionality, recognition of alcoholism as a disease, and the need to align labor regulations with occupational health_[4–6]. We conclude that mere drunkenness should not suffice to justify dismissal, except when workplace safety, productivity, or third-party integrity is compromised, emphasizing preventive and rehabilitative measures_[7,8].