How to properly punish employees: without offense and according to science

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Published: 05/27/2020

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The Labor Code and other regulations that regulate the scope of labor relations do not contain the concept of “dismissal”. Similarly, they do not have the concept of “illegal dismissal”. Any such situation is called termination of the employment relationship between the employee and the employer.

• What can be considered illegal dismissal and evidence of it
• What should an employee do? Complaint to the labor inspectorate
• When do you need to contact the prosecutor's office to restore your rights?
• Going to court
• Rules for drawing up a claim for reinstatement at work

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What can be considered illegal dismissal and evidence of it

The established practice of law enforcement shows that such termination of labor relations can be considered illegal, which, from a documentary point of view, may look like dismissal at will, but which has at least one of the following features:

• the employer had no actual basis for dismissing the employee;
• the entire procedure for terminating the employment contract was carried out in violation of the labor legislation of the Russian Federation.

The evidence that an employee can provide when contacting the labor inspectorate, the prosecutor's office or the court for his reinstatement at work can be photo and video materials - for example, footage from CCTV cameras that record that the person was at the workplace, although the employer claims that the person was skipping work. Such materials may also contain evidence of illegal termination of an employment contract, documents, for example, orders for disciplinary sanctions - if the dismissal occurred on the basis of such a penalty, although in fact such a penalty was not imposed, since the order does not have the employee’s signature.

Witness testimony, which can also be used as evidence, deserves special attention: for example, the employer indicates that the employee performed his job duties improperly, and his colleagues can characterize him as a conscientious and responsible employee who did his best to perform their official duties without violating possible violations.

What to do if your manager is rude

As noted above, any attempts to enter into an open conflict with a rude manager, to expose him to ridicule, or to start a quarrel are absolutely inappropriate if the employee values ​​​​his workplace. Why create additional problems and antagonize management even more? Effective methods are recommended:

• Don't be rude in response. You absolutely cannot allow yourself to do this, so as not to stoop to the level of the same boor and rude person. In addition, some people expect rudeness in return, and such blatant ignorance disrupts their plans and reduces the conflict to zero.
• Take your boss's words as constructive criticism
• Cultivate a good attitude towards yourself. A competent employee who copes well with his duties will never become an object of attack from management.
• Smile back to deprive the rude manager of confidence in his own superiority and rightness.
• You can try to frankly say that you are getting lost from the screams and attacks. But at the same time, one should not create the impression that such things are spoken about mockingly and maliciously.
• If a boss is rude to several subordinates, then you can get together and invite him to a collective conversation, the subject of which will be the boss’s boorish attitude. Probably, such a boss will listen to the opinion of the entire team of subordinates and reconsider his behavior.

In any case, subordinates should never forget about chain of command and business ethics.

What should an employee do?

An employee can protect his rights in various ways, but exclusively in the legal field, so as not to become a participant in an administrative or criminal process. Appeals to various government bodies that deal with the protection of workers' rights occur in a certain sequence, from the labor inspectorate to the judicial authorities.

A person can apply to each of the subsequent authorities if in the previous one he did not receive satisfaction of his request for reinstatement at work.

Complaint to the labor inspectorate

In order for an application with a complaint about the dismissal to be accepted for consideration, it is necessary to contact the Federal Labor Inspectorate within three months from the date the basis for such an appeal arose, that is, from the date of termination of the employment contract recorded in the work record book and the dismissal order. However, if the dismissal order and work book were sent to the employee using postal services, then the three-month period will be counted from the moment the employee received a letter from his employer with an extract from the order of termination of employment and the original work book.

To file a complaint with the labor inspectorate, there are certain requirements:

• the text of the document must be drawn up in compliance with a formal business writing style;
• when drawing up the document, all factual aspects that constitute the evidence of violation of the labor rights of the dismissed employee must be taken into account, and these facts must be presented in chronological order;
• if documents are attached to the complaint, they must be listed in the chronological order of their compilation or in the order in which they are mentioned in the text of the complaint;
• the complaint must contain the most specific and structured information so that it makes it easier for the labor inspectorate to carry out an inspection in relation to the circumstances specified in the document.

The completed complaint can be sent through the official website of the labor inspectorate, sent by mail, or handed over personally by a person to the reception desk of the labor inspectorate. A sample complaint can be viewed here.

The following can be used as accompanying documents:

• work book containing a note on termination of the employment contract;
• an extract from the employee’s dismissal order;
• if the amount of compensation was stated in the text of the complaint, then you will need to attach a certificate of income in order to confirm the amount requested as compensation for forced absence from work;
• documents that may act as additional grounds for declaring dismissal illegal (for example, a certificate of pregnancy, etc.);
• collective type documents, if they can assist in proving the illegality of the employer’s actions.

The inspection staff is given one month to consider the filed complaint, after which an order must be issued to the employer (if any violations have been identified), or a response must be prepared to the applicant stating that no violations have been identified and he has no right to reinstatement at his work.

If the decision made by the labor inspectorate does not suit the dismissed person, he has the right to go to court within one month from the date of receipt of the documents and file a statement of claim to appeal the decision.

How can you complain about your boss to the Labor Inspectorate?

When do you need to contact the prosecutor's office to restore your rights?

A person can contact the prosecutor’s office either after receiving a response from the labor inspectorate, or in parallel with an inspection carried out by this body. In both cases, the prosecutor’s audit is an independent process during which the employer’s activities are studied based on the facts of compliance with existing labor legislation, and various violations, if any, are identified.

The application is drawn up on a territorial basis (that is, at the location of the employer), and in the text it is necessary, just as in the case of a complaint to the labor inspectorate, to provide information about actual violations of labor legislation in relation to the applicant with the necessary evidence.

Going to court

Judicial resolution of a dispute over the protection of labor rights is the final stage of reinstatement in the event of illegal dismissal.

Appeal to the judicial authorities occurs no later than one month from the moment of termination of the employment contract or receipt of a response from the labor inspectorate about the absence of violations in the termination of existing legal relations. In both cases, before going to court, you need to make sure that the evidence base is sufficient. It should be borne in mind that the court thoroughly studies all the materials provided, since even some of their nuances can have a significant impact on the outcome of the case.

Rules for drawing up a claim for reinstatement at work

A claim for reinstatement at work is filed at the location of the defendant, that is, the organization that is the employer that terminated the employment relationship.

The statement of claim itself consists of the following parts:

• title part. It contains information about which territorial judicial body the claim is sent to, who is the plaintiff and who is the defendant. If the plaintiff plans to recover compensation from his employer for wrongful dismissal, he will need to indicate the amount of such compensation. It is also necessary to indicate the amount of the state fee. This information is included in the section on the cost of the claim of the title part of the application;
• main part. It describes all the circumstances of the dispute that has arisen, with obligatory observance of chronological order and with the provision of factual information about the circumstances that have arisen. The description of the essence of the matter should be drawn up only in an official business style, should not contain emotions, and it should contain only specific data. If necessary, to provide information about which employee of the employer acted as the person committing the violation of labor laws in a particular case, it is also necessary to indicate the identifying information of this person with reference to his official position;
• final part. In it, the plaintiff indicates the demands that he has against the defendant (to be reinstated in the same position, to pay compensation for illegal performance, to cancel the entry in the work book about the grounds for dismissal, etc.). Also, it is in this part that information about what the price of the claim should be indicated (except for the title part) with a detailed explanation of where this price came from: state duty, amount of damage, expenses for a representative, etc.

A sample statement of claim for reinstatement can be viewed here.

What to do when receiving a black salary?

Many companies practice informal employment of workers. This allows them to save on taxes and other payments. How to punish an employer for unofficially employing specialists? Such actions by the management of the enterprise are a truly serious violation, so the punishment is considered severe.

To hold a company accountable, it is advisable to file complaints with the following organizations:

• Federal Tax Service branch at the company's location;
• the prosecutor's office;
• labor inspection.

How to punish a black employer? To do this, you must indicate in the application that the manager refuses to officially employ the workers. Salaries are issued in an envelope, so personal income tax and insurance premiums are not paid for specialists. Since the salary payment process is not controlled by government agencies, earnings are often reduced or not transferred on time. How to punish an employer for non-payment of unpaid wages? If you submit an application to any of the above institutions, the company is guaranteed to be held accountable.

Compensation for illegal dismissal and payment for forced absence

This type of compensation is defined as payment for illegal absenteeism. This type of compensation is calculated based on the employee’s average earnings.

Payment of compensation for forced absence occurs for the entire time that the person did not work, but with the possibility of reducing it if the employee was previously paid severance pay. In this case, the amount of compensation will be reduced by the amount of severance pay paid.

The amount to be paid to the dismissed employee is indicated in the court decision and is also included in the writ of execution sent to the employee.

Work for two weeks upon dismissal

Suspension of work

Employees who did not receive wages on time, on the basis of Art. 142, may refuse further work. The process is carried out if the delay exceeds 15 days. Employees must notify the employer in writing of the application of such a measure.

On the appointed day, employees may simply not come to the company. To restore work in the company, the manager must notify specialists in writing about the day the salary debt will be repaid. All employees must return to work on this day.

Employer's liability

There are the following types of employer liability in the event of unlawful dismissal of an employee:

• material - consists of payment of compensation for forced absence and - if such claims are satisfied - moral damage;
• administrative - under Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of a fine for an individual entrepreneur from 1 to 5 thousand rubles, for a legal entity - from 30 to 50 thousand rubles, for an official - from 1 to 5 thousand rubles;
• criminal liability in relation to a person registered as an individual entrepreneur or for a manager (if a pregnant woman or an employee who is raising a child under three years of age alone has been dismissed) - punishment is imposed under Article 145 of the Criminal Code of the Russian Federation.

If the court decision on reinstatement has not been executed, then criminal penalties can be used against the person who committed such failure.

Punishment for black wages

When an application is received by the labor inspectorate or the prosecutor's office that black wages are paid in a particular company, a thorough check is carried out. It allows you to identify evidence of violations by the management of the enterprise. Specialists from various services can easily determine whether a company pays black wages. How to punish an employer? For such a serious offense, the company is subject to the following penalties:

• the organization is brought to administrative responsibility on the basis of the provisions of Art. 122 and 123 of the Tax Code, therefore 20% of the unpaid salary tax is paid;
• for non-payment of insurance premiums, a penalty is imposed on the basis of the Federal Law “On Compulsory Pension Insurance”, therefore a fine is transferred in the amount of 5 to 10 thousand rubles;
• in case of significant amounts, the enterprise may be held criminally liable on the basis of Art. 199 of the Criminal Code, so if more than 2 million rubles are paid. black salary, the fine varies from 100 to 300 thousand rubles;
• a fine under the Criminal Code can be replaced by forced labor for two years, arrest for up to six months, or imprisonment for two years.

If qualifying signs are identified at all, the fine may increase to 500 thousand rubles. Therefore, if employees know how to punish an employer for unpaid wages, they can easily bring the head of the enterprise to justice.

In practice, imprisonment is rarely used for various tax crimes. Therefore, fines are most often paid by violators if workers are paid under-the-table wages. How to punish an employer? To do this, you just need to write a corresponding complaint to various government authorities.

Timing and procedure for reinstatement at work

Despite the fact that the court decision on reinstatement at work comes into force within thirty days from the date of production of the full text of the decision, on the same day when the court decided on the possibility and necessity of reinstating the employee to his previous place of work, a writ of execution for such disputes is prepared.

A writ of execution can be sent to the employer by the judicial authorities, or it can be received by the employee and sent to the employer on his own.

In any case, within 24 hours from the receipt of the writ of execution, the employer is obliged to reinstate the employee at work in the same position from which he was dismissed and pay for the forced absence.

Reinstatement at work is formalized in the form of an order generated by an employee of the personnel department and signed by the head of the employing organization.

If the decision of the trial court has been overturned, the employer has the right to terminate the relationship with the employee, but only after this overturning decision has entered into force.

Results of the fight against illegal dismissal

The nuances of contacting the prosecutor's office

For more serious violations, you can write a complaint to the prosecutor's office. How to punish an employer for dismissal without paying the necessary funds? To do this, the application must include the following information:

• a document is drawn up for the prosecutor’s office at the place of registration of the company;
• the header contains information about the institution itself and information about the applicant, presented by his full name, place of work, position held and contact information;
• the text clearly describes all violations committed by the employer;
• the reason for contacting the prosecutor's office is given, namely the period of delay and the amount of debt;
• information is indicated that the employee tried to resolve the situation peacefully, and this must be proven by official documents;
• there is a requirement to hold the company accountable and initiate a criminal case against the manager.

Debt collection is carried out only through the court, but prosecutors can themselves refer the case to court. The application must be accompanied by evidence of the applicant's innocence.

Hams on the roads

Any driver knows that there are normal and inadequate road users on the highway. The second category includes those who cut off, change lanes, demand to be allowed through immediately, honk for no reason, constantly flash their high beams, or are eager to figure things out and prove, sometimes even with their fists, that they are right.

How to react to rudeness? And in what language do you communicate with a road rude person? Unfortunately, there is no universal instruction. Because inappropriate situations are always unpredictable. However, psychologists recommend adhering to certain rules. Compliance with them will not only eliminate rudeness on the roads, but also, in some situations, protect lives.

We suggest you read Where to write a complaint about the Beeline office

For family and friends

It is clear that it is often difficult to communicate even with acquaintances, friends and relatives.
Especially if you are an overly emotional, vulnerable and anxious person. Make it a rule to be more lenient towards the weaknesses of others, besides, you have known these people for a long time and are quite capable of predicting their reaction to certain words and actions.

Be always friendly and do not allow yourself to be provoked into a quarrel. And if that doesn’t work, find an opportunity to end the unpleasant conversation, or even better, leave the room where a scandal is brewing.

Concept of rudeness in the workplace

Rudeness at work includes all cases of unethical and rude behavior of colleagues or superiors. This behavior occurs during work hours and may be related to work processes or personal relationships among employees.

Boorish behavior at work includes:

• rudeness in communication;
• familiarity;
• insults;
• abuse of authority.

Both newcomers and regular employees encounter similar phenomena.

What can be called rudeness and why does this happen?

To learn how to resist boorish behavior, it is recommended to determine the reasons for its occurrence. To do this, it is necessary to analyze the working climate and psychological atmosphere within the team.

Most often, basic rules of decency and norms of human communication are forgotten in teams where business ethics are poor. If we talk about the reasons for rudeness, they can be as follows:

• Stressful situations
• The desire for self-defense
• The desire to show superiority and increase self-esteem through rude and inadequate graying
• Lack of attention from colleagues or subordinates

Anyone can be rude: a boss, a colleague, a subordinate who has forgotten his chain of command and does not keep his distance. There are basic rules for how to behave in every situation:

• If the manager behaves incorrectly and rudely, then the subordinate should not forget about subordination and try to get up on the same level with the boss in such a dialogue. This is fraught with dismissal. Therefore, in this case, you need to understand the reasons for the rudeness of management and determine the appropriate model of behavior. Most often, management begins to be rude because they have not understood the situation or are incompetent in a certain matter.
• The reaction to the rudeness of colleagues can be different and depends on temperament and upbringing. But it is necessary to take into account the risks of serious conflicts that could harm the overall work.
• No matter how much you want to avoid conflict in order to maintain a healthy microclimate within the team, you cannot ignore the rudeness of a subordinate. In this case, the manager must tactfully but firmly put the employee in his place, which will help maintain his authority and the respect of other team members.