8 Sure Signs of a Biased Boss

Have a question for a lawyer?

do not react to the leader’s provocations. If he has complaints against you, he expresses them in writing and refers to the rule of law.

He now wants to morally suppress you. Don't give in. They have no right to fire you just like that.

Client clarification

18 July 2014, 10:52

Client clarification

And from the legal side, given the pressure from the boss, is it possible or possible to remove him from his position? or it is at the discretion of senior management.

18 July 2014, 11:10

Arturas, in order to be removed from office, must also prove unfitness and violations. But you can start recording every fact and reporting it to your superiors.

Client clarification

but is there still a certain percentage of manager disqualification? It may be small, but it’s still a plus. It is possible that from the legal side it is difficult to do this and it is unlikely that any lawyer will take on this. since the case is a lost one in advance.

18 July 2014, 12:32

Focused on failure

There is healthy criticism that helps to achieve the best results. And there is an unhealthy one - it is designed to humiliate the employee, devalue his achievements and prove that his efforts are worthless.

If the boss only talks about shortcomings, does not tell how to improve the project and openly hints at the insignificance of the work, he either does not know how to gently express his complaints, or is deliberately biased against his subordinate.

Work.ua sympathizes with those who are faced with a biased attitude from their superiors and wants to overcome difficulties as quickly as possible. Our article “How to Find an Approach to a Problematic Boss” will help you with this.

Lawyers' answers (2)

There is Art. 3 of the Labor Code of the Russian Federation on the prohibition of discrimination against employees, which can be expressed in different attitudes towards deprivation of bonuses.

Labor Code of the Russian Federation, Article 3. Prohibition of discrimination in the sphere of labor

Everyone has equal opportunities to exercise their labor rights. No one can be limited in labor rights and freedoms or receive any advantages depending on gender, race, skin color, nationality, language, origin, property, family, social and official status, age, place of residence, attitude to religion, beliefs, membership or non-membership in public associations or any social groups, as well as other circumstances not related to the employee’s business qualities. Persons who believe that they have been discriminated against in the world of work have the right to apply to the court for restoration of violated rights, compensation for material damage and compensation for moral damage.

There is no such thing as bias.

The fact is that bonus payments are the prerogative of the employer. He may decide to pay bonuses in accordance with the bonus regulations. But he cannot break it. If, according to the bonus regulations, under certain circumstances you are required to pay bonuses, then in the presence of these circumstances the employer is obliged to pay bonuses. If the employer violates the bonus regulations or does not pay wages in full, you have the right to contact the labor inspectorate with a complaint about the employer’s actions, and he will be held administratively liable.

According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation 1. Violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided by parts 3, 4 and 6 of this article and article 5.27.1 of this Code, entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.

Are there exceptions to discrimination at work?

Not all restrictions constitute discrimination on a particular basis. According to Part 3 of Art. 3 of the Labor Code of the Russian Federation, it is not discrimination to restrict rights, establish privileges, exceptions and preferences that are characteristic of this type of work.

In addition to the type of work, all this may be regulated by federal law or be a way of supporting individuals who need it. Special legal and social protection may be assigned due to deprivation of full working capacity or another situation that falls under a category prescribed by law.

However, you should not assume that certain working conditions and lack of privileges may be a reason for a violation of your rights. If a conflict or belittlement on the part of the employer arises, be sure to study a copy of the employment or collective agreement. It should indicate possible restrictions on the position. In addition to them, study the responsibilities of both parties to the contract.

Boss's biased attitude

Questions for a lawyer

Question : The boss's biased attitude

Good afternoon, Victor!

I had the following situation with my employer: while working at a food industry enterprise as an operator, during my work I developed a personal hostile relationship with the head of the workshop (an isolated sanitary production facility). These relationships continue to this day, and senior management is aware of them.

Taking this into account, on one of my shifts I was accused by the shop manager of attempting to steal a semi-finished product from the plant, which he allegedly prevented under the following circumstances: while performing my official duties on that ill-fated day, at the end of the shift, a minor accident occurred on the equipment that I service and part of the semi-finished product was lost its presentation and sterility. While eliminating the accident, I collected 7.5 kg of illiquid semi-finished product in a transparent plastic bag, which I placed in a visible place next to the machine on which I was working. My partner, who also took part in eliminating the accident, became aware of the emergency situation. I intended to hand over the semi-finished product I had collected to the shift foreman, who, as I assumed, would have to make an appropriate decision on it into which category to classify this defect, i.e. for disposal, or to the category of sanitary defects. I did not pursue any goal of theft, but the shop manager insists on this very argument as the basis.

Thus, I voluntarily handed over the semi-finished product for storage, from the words of the factory security guards who were called, I understood that the theft report, at the request of the latter, was not drawn up on that day, I gave written explanations, and indicated that I did not take the semi-finished product outside my isolated workshop.

At the same time, it didn’t end there: the act was drawn up retroactively and I was familiarized with it, where I made appropriate notes about disagreement and the use of psychological pressure. Thus, I am currently undergoing an internal audit at the enterprise, the results of which the management is threatening to transfer to the prosecutor’s office for a decision to initiate a criminal case, and I am being urged to write a letter of resignation of my own free will, which I actually do not agree with.

I ask you to give me advice on what to do; previously submitted appeals to the employer on the fact of personal hostility and biased attitude of the shop manager towards my person did not have any positive result.

Answer:

Firstly, you wrote everything in this letter quite consistently, so it should be assumed that you will present the same consistent explanations both at the enterprise and at the Prosecutor's Office, if necessary.

My thoughts here are as follows: if you have a job description, then you can refer to the clause that gives you the right to collect illiquid semi-finished products for storage, etc. Even if it is stated there in general phrases. On the other hand, such job responsibilities may be specified in an individual employment contract concluded between you and the employer (if there is one). Perhaps you have an obligation to ensure the safety of the employer’s property in the agreement on individual liability and you took these actions in order to fulfill your obligations.

As a last resort, even if these documents were not concluded with you, refer to your obligations established by the Labor Code. Article 21 of the Labor Code of the Russian Federation:

conscientiously fulfill his labor duties assigned to him by the employment contract; comply with internal labor regulations; observe labor discipline; comply with established labor standards; comply with labor protection and occupational safety requirements; treat with care the property of the employer (including the property of third parties owned by the employer, if the employer is responsible for the safety of this property) and other employees; immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property (including the property of third parties located at the employer, if the employer is responsible for the safety of this property).

The last two points can be considered arguments justifying your actions.

On the other hand, if there is no job description or employment contract defining your job responsibilities, you need to contact the enterprise administration in writing with a request to conclude these acts with you. The employer is obliged to do this. Keep a copy of the registered request for yourself. If they do not register it in the office, send it by registered mail with notification.

In order to establish the fact of theft, the corpus delicti must be present. The objective side of the crime involves an act from which it DIRECTLY follows that the person was going to commit theft. The fact that you left a semi-finished product somewhere does not clearly indicate your intention to commit theft; they have the right to go anywhere, but this does not mean initiating a criminal case.

In addition, if such appeals are sent specifically to cause you mental suffering, then you can submit a counter-application to the same Prosecutor's Office about a false denunciation, reflecting there the fact of hostile relations with the head of the workshop or the administration's demand that you submit your resignation. So, put in quotation marks the quote “We will create problems for you if you do not write a letter of resignation voluntarily.” It is not clear from the crime described above, I repeat. In addition, all procedural acts can also be appealed.

Best regards, Victor Advakhov.

You may get an answer to your problem. Your correspondence with a lawyer may be published. If you agree, click

www.jaloba.net

How to punish your boss

Sometimes the attitude of a boss towards a subordinate becomes very bad.

Those who adhere to their opinion want to prove to the leader that he is wrong, but it is not entirely clear how this can be done. At the slightest mistake, the boss will immediately fire you.

There are the following ways to solve the problem:

1. Leave the job. This way you show that you remain unconvinced. But not all people want to lose their jobs, so this option is not the most common.
2. Accept criticism and opinions from your superiors. Sometimes it helps. You show him that you listen to advice and think he is smart. But this method has a drawback. You show that you are willing to do anything when ordered. That you don't have an opinion. Perhaps the manager and other employees will not like such employees.
3. A mass strike is the most effective method. You can persuade other employees to stop listening to their bosses. More often than not, he ends up admitting his mistakes.

Showing your boss that he is wrong is quite difficult, but still possible. To establish a good relationship with him, you should show that you are a very responsible employee, and he will lose a lot if you leave him.

Watch the video in which the psychologist gives advice on how to behave with your boss if he is biased:

Sources:

www.yurist-online.net pravoved.ru jaloba.net peopleandlaw.ru sovetnik.guru No comments yet!

The procedure for individuals to move goods for personal use across the border

How to write a police report against neighbors who are drunks

What social benefits have been canceled in Ukraine

Popular articles

• What did his father leave as an inheritance for Krylov (21)
• How to write an application for restoration of a grade book (15)
• What certificates provide benefits (13)
• Who received Rudolf Nureyev's inheritance (13)
• Molchanov twice received a large inheritance which he regularly drank away (13)
• Trait transmitted by inheritance during hybridization (10)

Latest Published

• How to correctly write a report against a neighbor for littering
• How to write an application to a kindergarten for a child’s leave
• How to write an application to the garden for allergies
• How to write an application for maternity leave

Boss' biased attitude

Hello. I work in government. institution, we have a written schedule (time of arrival, departure, lunch time). Of all the employees of the enterprise, only a few follow this routine. The general mass comes when they want, dine at what time they want, and so on. I overpaid one department to another and a conflict began with my boss. He could not keep me busy with work and began to boss me around in terms of routine. If I used to go to lunch with friends from my enterprise, now I can’t, because the boss forces me to go to lunch when he wants (and this is not necessarily the time prescribed in the institution’s schedule). Sometimes I, like many at our enterprise, arrive a little later than prescribed by our schedule, but also leave correspondingly later. I try to work out the hours. Because my boss doesn’t allow me to have lunch when others go, I feel discriminated against. But I try to obey. But the boss set out to fire me, apparently. From time to time he insulted me with unpleasant words (boorish, disgraceful, and ranted about what a bad person I was, and so on, which also humiliated me). My question is, do I have the only option to completely obey the order, otherwise he has the right to fire me? Am I completely wrong and how can I defend myself in such a situation if he actually writes a report and decides to fire me for failure to comply with internal regulations. Do I really have to be the only one in the entire company to go to lunch as scheduled, feeling discriminated against, otherwise I might get fired?

What threatens a manager if he yells, insults and humiliates an employee?

Every able-bodied citizen of our state is in one way or another connected by labor relations: he works, he is surrounded by colleagues and has a direct supervisor.

We spend most of our lives at work, therefore, we want to see a favorable environment around us while working and a good relationship with colleagues and management. But, unfortunately, everything is not always smooth and sometimes the boss is rude and insulting. How to resolve this situation?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 8

It's fast and free!

Why might a boss yell?

Maybe he's trying to force you to quit or is just a boor? Let's consider different situations.

When applying for a job, an employee expects to see a competent boss, an excellent professional and just a good person who will coordinate and check the work performed. But sometimes all hopes for professional cooperation with the boss are dashed against the rocks of rudeness, shouting and insults. In general, does a director have the right to shout at an employee?

The employee, first of all, is at a loss from such actions, but perhaps there is a reason for such a reaction from the boss. As a rule, through such psychological influence, the boss tries to achieve the dismissal of the employee at his own request. Thus, avoiding additional proceedings regarding unjustified dismissal on our part.

The employee, having experienced psychological pressure, does not want to stay to continue the employment relationship with this boss.

Please note that forcing an employee to resign is grounds for contacting the labor inspectorate and conducting an appropriate inspection. In your application to the labor inspectorate, you must indicate your place of work, details of the employment contract, your contact information and, if available, evidence of insults and humiliation (audio recordings, written evidence).

What if we look at the boss’s actions from a different angle? What if he is a boor by nature?

Of course, it is unpleasant to endure such an attitude, but quitting because of the rudeness of your boss and looking for a job during an economic crisis is also a hasty decision. Attempts should be made to ignore the boorish behavior of the boss. Perhaps you should accept this point as a fact and not take rudeness personally.

But you must remember that if a manager insults and humiliates you , then this is already a reason to bring him to administrative responsibility.

How can you resolve a conflict with your boss?

To resolve a conflict with superiors, it is necessary first of all to negotiate and find out the circumstances that cause shouting, insults and humiliation of the employee.

Suppose that the employer is not satisfied with the professional qualities of the employee, then it is necessary to find out how to correct the situation.

You should discuss with your boss the insults you received and ask not to repeat them in the future.

As a rule, when eliminating shortcomings in an employee’s work activity, the employer no longer has reasons to raise his tone, shout and humiliate him.

But, unfortunately, there are cases when the confrontation between the two sides of the labor relationship continues and is accompanied by humiliation and insult to the employee.

If your boss constantly insults you

Insulting an employee in the workplace is an action of the boss, which will not in any way affect the employee’s better work performance, is not a factor in the manifestation of his professionalism, but can become the basis for bringing him to justice.

If your boss insults and humiliates you at work, you should first resort to negotiations, discussions and other peaceful ways to resolve the conflict situation. There is a chance that by finding out all the details, you will settle the conflict.

If there is no consensus, you should take a stand to protect your rights. After all, insulting and humiliating an employee is a direct violation of the Constitution of the Russian Federation . The Basic Law of our state does not allow humiliation of the honor and dignity of an individual and pursues these actions with legislative acts. Insulting a person is a humiliation of his honor and dignity.

If there is a superior manager above the boss who is showing insults and humiliation towards you, you should contact him with a complaint and describe the conflict that has arisen. If there is no higher management and a direct appeal to the boss does not bring results, you must contact the following authorities:

• Labour Inspectorate;
• police;
• prosecutor's office;
• court.

For more information on how and where to file a complaint against an employer, read the article at the link.

When sending an appeal to the above authorities, as a rule, a check is first carried out for violation of rights, and if the fact of violation is confirmed, the guilty party is held accountable in accordance with current regulations.

How to prove the fact of insult

One of the key circumstances when writing an appeal is the evidence base. To prove insult and humiliation, an employee must provide :

• audio recordings;
• video recordings;
• written documents;
• witness's testimonies.

If there is a fact of written insult, these letters and notes should be attached. As a rule, insults are accompanied by the uttering of words that humiliate the honor and dignity of a person. Repeated accompanying humiliations should be recorded on a tape recorder or indicated in a witness statement.

The application must include the information of the applicant, contact information, a description of the conflict situation, evidence of insult and humiliation, and contact information of the boss.

We also recommend reading the articles:

The procedure and timing for consideration of the application by the prosecutor's office.

How to write and submit a police report.

Responsibility and sanctions for superiors

An employee, having endured repeated humiliation and insults, rudeness and prejudice, ultimately wants a speedy resolution of the conflict and bringing the offender to justice.

After contacting the above authorities for the protection of one’s rights, the process of reviewing the situation begins, studying the evidence presented and, if there is a violation of the employee’s rights, holding them accountable.

According to the norms of current legislation, an employer may be held administratively liable for insulting an employee ( Administrative Code of the Russian Federation, Article 5.61 ) . This provision provides for a fine of 10,000 to 30,000 rubles.

Resolution of a conflict situation between an employee and a boss in law enforcement agencies, the labor inspectorate and in court occurs within the time limits specified by regulations. It is necessary to take into account that the time frame for considering the situation of insulting an employee varies , and sometimes the issue of bringing the boss to justice hangs in the air for a long time.

According to current civil law, an employee can make claims for compensation for moral damage by filing a claim in court. The provisions of the Criminal Code provide for liability for threats of violence, causing harm to life and health.

Thus, if, when insulting, the boss used threats to life or health , then it is necessary to contact the police with a demand to take action and hold the employer accountable. A sample statement about a threat to life and health can be found here.

What to do if your boss is being mean to you at work? It is necessary to act and remember that bringing a manager to justice for his insults and boorish attitude towards an employee is quite possible and is provided for by law.

The established positive judicial practice of holding a manager accountable for the above actions confirms that the law is aimed at protecting the violated rights of employees. Of course, cases of appeal are isolated, but their decisions are in favor of workers .

Lawyers' answers (9)

You are required to follow a daily routine. It is mandatory both for you and for your management.

If your employer violates your rights, you have the right to file a written complaint with higher management or the State Labor Inspectorate.

If you are reasonably brought to disciplinary liability in accordance with the established procedure, you can be fired for systematic violations.

You have the right to indicate the valid reasons for violating the daily routine in your explanations, which the employer must collect from you.

For violating the procedure for bringing you to disciplinary liability, you will be able to challenge your penalties and dismissal.

It is necessary to appeal against penalties no later than 3 months, dismissal within a month.

Article 81. Termination of an employment contract at the initiative of the employer

An employment contract can be terminated by the employer in the following cases:

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

Article 193. Procedure for applying disciplinary sanctions

Before imposing disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

Article 392. Time limits for applying to court for resolution of an individual labor dispute

An employee has the right to go to court to resolve an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within one month from the date he was given a copy of the dismissal order or the day of issue of the work book.

Sincerely! G.A. Kuraev

The procedure for contacting the prosecutor's office regarding the fact of biased attitude by the command

In accordance with clauses 2, 3, 5, and 9 of the Instructions for working with citizens’ appeals in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation dated December 28, 2006 No. 500, work with appeals received by a military unit is organized by the appropriate commander (chief).

When considering an appeal, an objective, comprehensive and timely consideration is ensured, and measures are taken aimed at restoring or protecting the violated rights, freedoms and legitimate interests of the citizen.

The response to the appeal is signed by the commander (chief) of the military unit or an authorized person or official to whom the appeal was sent.

Article 106 of the Disciplinary Charter of the Armed Forces of the Russian Federation establishes that military personnel have the right to apply in person, as well as send written appeals (proposals, statements or complaints) to state bodies, local government bodies and officials in the manner prescribed by the laws of the Russian Federation, other regulatory legal acts of the Russian Federation Federation and this Charter.

Written appeals sent to military personnel and military unit officials are presented in the form of a report.

You can contact the prosecutor's office in this way directly and without warning the management.

In accordance with the Regulations on the procedure for military service, the procedure for organizing and conducting certification is determined by the head of the relevant federal executive body in which the certification is carried out.

• Military personnel undergoing military service under a contract are certified no less than four months before the expiration of their military service, but no less than every five years of military service, as well as upon completion of a military educational institution, postgraduate studies, or military doctoral studies.
• If necessary, the head of the federal executive body that provides for military service has the right to set the time and procedure for certification of all military personnel undergoing military service under a contract, or certain categories of them.
• An attestation sheet is drawn up for the serviceman being certified by his immediate (direct) superior from among the officers.

Have a question for a lawyer?

Good afternoon, Irina. He has no right to insult you. If you record his insults and contact the prosecutor's office with a statement, he will be brought to administrative responsibility under Art. 5.61 Code of Administrative Offenses of the Russian Federation.

But on the other hand, you, as an employee, are obliged to comply with the terms of the employment contract and the provisions of Art. 22 of the Labor Code of the Russian Federation, which establishes:

The employee is obliged to: conscientiously fulfill his labor duties assigned to him by the employment contract; comply with internal labor regulations;

Therefore, there is a twofold situation here. But regarding the need to adhere to the daily routine - there can only be one answer - it must be observed, even if such observance is required only from you

Sometimes I, like many at our enterprise, arrive a little later than prescribed by our schedule, but also leave correspondingly later. I try to work out the hours.

Well, you can’t fire someone right away for being late, even if you keep the working hours.

but to conduct an internal inspection and issue a reprimand or reprimand is possible

If you accumulate 2 or more such penalties in a year, you can be fired under Article 81 of the Labor Code - repeated failure to fulfill official duties

. My question is, do I have the only option to completely obey the order, otherwise he has the right to fire me?

he won’t be able to right away, but it’s possible to find fault and start punishing him, leading to dismissal.

in fact, for such “infringements”, you can’t even file a complaint with the state labor inspectorate - after all, according to the schedule, the time is indicated one way and you want to go to another

however, he has no right to insult you in any case; you can file a complaint against these facts

My question is, do I have the only option to completely obey the order, otherwise he has the right to fire me?

You, as well as your boss, must comply with the terms of your employment contract, as well as local regulations. If your lunch is indicated at a certain time, then at this time you have the right to use it:

Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with this Code, other federal laws, collective agreements, agreements, local regulations, and employment contracts. The employer is obliged, in accordance with labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, and employment contracts, to create the conditions necessary for employees to comply with labor discipline.

I believe that the boss can record the fact that you are late for work and apply disciplinary action:

For committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: 1) reprimand; 2) reprimand; 3) dismissal for appropriate reasons.

But you, in turn, in order to protect your rights, can contact the labor inspectorate to check your employer for violation of your rights, for which it is advisable to enlist the support of colleagues, as well as a recording of the conversation with your boss.

Of course, you are obliged to follow the work schedule. And especially when you have already noticed the employer’s biased attitude towards you, why further escalate the situation.

Do I really have to be the only one in the entire company to go to lunch as scheduled, feeling discriminated against, otherwise I might get fired?

Here's what the Labor Code says about this:

Labor Code of the Russian Federation, Article 81. Termination of an employment contract at the initiative of the employer

An employment contract can be terminated by the employer in the following cases:

5) repeated failure by an employee to perform labor duties without good reason, if he has a disciplinary sanction;

6) a single gross violation of labor duties by an employee: a) absenteeism, that is, absence from the workplace without good reason throughout the entire working day (shift), regardless of its duration, as well as in the case of absence from the workplace without good reason more than four hours in a row during a working day (shift); (as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in the previous edition)

Termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation) and under paragraph 2 of Article 278 of the Labor Code of the Russian Federation. Disciplinary action

Advertisement (violation of legal requirements, obligations under an employment contract, internal labor regulations , job descriptions, regulations, employer orders, technical rules, etc.). Such violations, in particular, include: a) the absence of an employee from work or the workplace without good reason. It must be borne in mind that if the employment contract concluded with the employee or the employer’s local regulatory act (order, schedule, etc.) does not stipulate the specific workplace of this employee, then in the event of a dispute arising on the issue of where the employee is required to be in the performance of his work duties, it should be assumed that, by virtue of part six of Article 209 of the Code, a workplace is a place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer ;

In general, you are right that you need to fully comply with the internal labor regulations (in particular, regarding the work schedule - time of arrival at work, leaving work, lunch break).

Sometimes I, like many at our enterprise, arrive a little later than prescribed by our schedule, but also leave correspondingly later. I try to work out the hours.

This is what I recommend not allowing. Still, despite the fact that you leave work later, I work full hours, coming to work later than the established time is a violation of internal labor regulations. And for this, the employer has the right to apply a disciplinary sanction to the employee (Articles 192, 193 of the Labor Code of the Russian Federation), regardless of the fact that the employee left work later, thereby having worked for the full time.

Am I completely wrong and how can I defend myself in such a situation if he actually writes a report and decides to fire me for failure to comply with internal regulations.

Here you need to understand that the employer will not be able to fire you immediately because you came to work late (or didn’t leave for lunch on time, etc.).

As stated in Art. 192 Labor Code of the Russian Federation:

When imposing a disciplinary sanction, the severity of the offense committed and the circumstances under which it was committed must be taken into account.

Being late for work is not such a serious offense that can lead to dismissal. Even if there are, for example, two such offenses.

Do I really have to be the only one in the entire company to go to lunch as scheduled, feeling discriminated against, otherwise I might get fired?

It does not depend on the fact that other employees formally violate the rules of procedure, but the employer does not apply penalties to them.

It is the employer’s right whether or not to bring the employee to disciplinary liability.

The daily routine is mandatory since it is established by the internal documents of the enterprise and for non-compliance with it, the employer has the right to demand an explanation from you and take disciplinary measures.

But as for insults, I wouldn’t put up with that.

Firstly, you have the right to audio record such insults, as well as refer to the testimony of witnesses, if any. You can also file a complaint with your employer about the actions of your manager, pointing out offensive behavior towards you.

Insult is the basis for bringing your claims to court on the basis of Art. 152 of the Civil Code of the Russian Federation, as well as the basis for initiating administrative proceedings under Art. 5.61 Code of Administrative Offences. But this requires quite significant evidence - witness testimony, audio recordings, complaints against superiors.

Good afternoon To what my colleagues said above, I would like to add that if

the boss set a goal to fire

then you, of course, need to comply with the PVTR, but it is also possible that the boss wants to force you to write a letter of resignation of your own free will, in which case you should start stocking up on evidence of forced dismissal.

If the employee refers to being forced to resign under clause 3, part 1, art. 77 of the Labor Code of the Russian Federation, then he must prove this fact (part 1 of article 56 of the Code of Civil Procedure of the Russian Federation, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2).

In the matter of forcing you to apply for dismissal of your own free will, the following judicial practice will help you:

Appeal ruling of the Supreme Court of the Republic of Tatarstan dated July 22, 2013 in case No. 33-8066/2013

The employee's demands: reinstatement at work.

Facts of the case: The employee was reinstated as a janitor. I contacted the employer with a demand to provide proper working conditions and issue special clothing and tools. The employer drew up an act in which he recorded the employee’s refusal to go to work, and also indicated that the service life of the clothing and equipment issued to the employee before dismissal had not expired.

The employee wrote a letter of resignation of his own free will, in which he noted that the reason for the dismissal was the inability to perform his job duties.

Conclusion and justification of the court: The dismissal is unlawful. The employee's requirements are satisfied. The decision of the trial court was upheld. The employee’s writing of a resignation letter of his own free will is due to the conflict situation that has arisen between the parties, caused by the unlawful behavior of the employer. The application was written under the threat of dismissal at the initiative of the employer, i.e. under pressure from him.

Appeal ruling of the Supreme Court of the Republic of Kalmykia dated July 10, 2012 N 33-435/2012

The employee's demands: to recognize the dismissal as illegal, to reinstate him at work.

Circumstances of the case: The employee, while on duty, felt unwell and, with the permission of the foreman, left the workplace to receive medical care. The employer drew up reports of his absence from work. The employee wrote a letter of resignation of his own free will.

Conclusion and justification of the court: The dismissal is unlawful. The employee's requirements are satisfied. The decision of the trial court was upheld.

There was no voluntary expression of the employee’s will to terminate the employment contract on his own initiative. The writing of the resignation letter was due to the prevailing circumstances (the actions of the employer who forced the employee to resign at his own request, the employee’s ill condition). Drawing up reports on the absence of an employee from the workplace without clarifying the reasons for the absence is regarded as a way of putting pressure on the employee in order to force him to resign at his own request.

Determination of the Nizhny Novgorod Regional Court dated November 20, 2007 N 33-5607

The employee's demands: reinstatement at work.

Facts of the case: The employee submitted a resignation letter of his own free will. Before the warning period expired, he withdrew his resignation. The employer issued an order to dismiss the employee at his own request, but after the employee withdrew his application, he amended the order, changing the wording of the grounds to dismissal for absenteeism.

Conclusion and justification of the court: The dismissal is unlawful. The employee's requirements are satisfied. The decision of the trial court was upheld.

At the time of filing a resignation letter, the employee had no intention of terminating the employment contract with the employer. The employee submitted his resignation at his own request involuntarily, out of fear of being fired for absenteeism, which actually occurred on his part. The intention to dismiss an employee for violation of labor discipline is evidenced, among other things, by making changes to the dismissal order regarding the grounds for dismissal - according to clause “a”, clause 6, part 1, art. 81 of the Labor Code of the Russian Federation for absenteeism.

THX. Consultant Plus. A guide to labor disputes.

You must follow the established official routine exactly, literally.

Regarding unethical behavior of a leader. beyond the scope of his powers, then these facts must be recorded by video or audio recording, otherwise you simply will not have evidence of this. If there is such evidence, you have the right to apply to higher management with a request to conduct an appropriate internal audit in relation to the head of the organization.

As for dismissal, the grounds for it are directly stated in the law:

Article 56. Service discipline in the civil service

1. Service discipline in the civil service is obligatory for civil servants to comply with the official regulations of the state body and job regulations established in accordance with this Federal Law, other federal laws, other regulatory legal acts, regulatory acts of the state body and with the service contract.

Article 37. Termination of a service contract on the initiative of a representative of the employer

1. A service contract may be terminated by a representative of the employer, and a civil servant may be released from the civil service position being filled and dismissed from the civil service in the event of:

2) repeated failure by a civil servant to fulfill official duties without good reason, if he has a disciplinary sanction;

3) a single gross violation of official duties by a civil servant:

Labor Code against arbitrariness of bosses

Emotional managers quite often threaten to fire their offending subordinates “on charges.”
However, these threats are most often unfounded. Before panicking, the employee who has committed a crime should carefully understand the situation - how good reasons the boss has for such a step.

We asked Anna Veselova, a consultant at the Novel Group Management Consulting Studio, to talk about possible options for overcoming such problems.

Article 81 of the Labor Code of the Russian Federation, pp. 5-11 hours 1 dismissal for “guilty actions of an employee” involves many nuances, knowing which a person can easily protect his rights. Thus, among the most typical violations that employers commit when trying to get rid of an unwanted person are:

• attempts to dismiss for a one-time violation of labor duties in cases not provided for by law;
• lack of documented evidence of the employee’s guilt or dismissal without taking into account the severity of the employee’s offense;
• violation of the dismissal procedure, including failure to comply with the deadlines for issuing a dismissal order;
• dismissal of persons who, in accordance with the law, cannot be dismissed at the initiative of the employer.

What an employee should know

Dismissal of an employee for culpable reasons is a disciplinary measure. When imposing any disciplinary sanction (reprimand, reprimand and dismissal), the employer must comply with the uniform procedure provided for in Art. 192-194 Labor Code of the Russian Federation. For each offense, only one disciplinary sanction can be applied.

As a general rule, for an employee to be dismissed there must be a repeated violation of his or her job duties.

An exhaustive list of one-time violations for which any employee can be dismissed is established by labor legislation: absenteeism; appearing in a state of intoxication; disclosure of protected secrets; committing theft at the place of work; gross violation of labor safety rules.

For certain one-time violations, only categories of employees specifically provided for by law can be dismissed (loss of trust by an employee servicing material assets; immoral misconduct of a teacher and some others).

Repeatability occurs if the employee has already received a disciplinary sanction (remark or reprimand) and within a year from the date of imposition of the penalty again violates his job duties. Therefore, an employee should seek to appeal any disciplinary action, not just dismissal. The responsibility to prove the employee’s guilt lies with the employer.

As a rule, the employer draws up appropriate acts to document violations. An employee should not shy away from signing such acts; on the contrary, it is advisable to state his explanations, objections, comments, etc. and strive to ensure that they are recorded in the act. An employee should not shy away from writing an explanatory note.

In it, the employee can detail his justifications and refer to valid reasons, which can subsequently be taken into account by the court.

For example, in case of violation of labor duties, an employee can state the following exculpatory arguments: overwork, contradiction of the employer’s requirements to the employment contract, contradiction between the requirements of the immediate and superior manager, difficult family circumstances, and others.

The absence of an employee’s statement of explanation does not prevent the imposition of a penalty on him, however, if the employer did not require written explanations from the employee, this is a violation on the part of the employer, and the penalty may be considered illegal.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees. A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings. Some employees, even if they commit a disciplinary offense, cannot be dismissed at the initiative of the employer. These include pregnant women, women with children under three years of age, single mothers raising a child under fourteen years of age (a disabled child under eighteen years of age), other persons raising these children without a mother (Article 261 of the Labor Code of the Russian Federation) . Minor workers can be dismissed at the initiative of the employer only with the consent of the State Labor Inspectorate and the Commission on Minors' Affairs and the Protection of Their Rights (Article 269 of the Labor Code of the Russian Federation).

The dismissal of trade union members is carried out taking into account the reasoned opinion of the elected body of the primary trade union organization (Article 82 of the Labor Code of the Russian Federation).

• HR records management

Rate this publication

Source: https://hr-portal.ru/article/trudovoy-kodeks-protiv-samoupravstva-nachalnikov

Biased and negative attitude of the employer

Hello. Please tell me who we can contact and with what kind of statement for the biased attitude of our kindergarten manager. We have been allocated an annual bonus for our kindergarten and teaching staff. And as it turned out, there are very big differences in the amounts issued to pedagogical workers. The head says that it was not she who distributed the bonuses, but a commission (these are 3 people from the teaching staff), and the commission says that the head. It is not at all clear how this was all done. From above, they didn’t say anything about how it should be distributed. The bonus was also given to the technical staff, but it’s not clear there either. A person who worked for 1.5 months received the same amount as someone who worked for more than 10 years. Is it possible to complain somewhere about such inequality and discrimination?

I was able to find out from the orders what amounts were written out.

The commission said that they were distributed according to work experience, but those who received more than 30 thousand interrupted their teaching experience for 8-10 years. And in the end they have the same experience as we do.

December 22, 2020, 19:43 Irina, Moscow

Prejudice - what is it and how to deal with it?

Prejudice is something that is unreasonable and done without reason.

In fact, this concept is unacceptable and can be considered an insult.

In this article we will try to tell and describe this attitude in society among people in an accessible and understandable language.

but each case is unique. If you want to know

how to solve exactly your problem - call the following numbers:

or if it’s more convenient for you, use the online consultant form!

All consultations with lawyers are free.

The concept of bias is not specified in the legal act. But it occurs very often in life, sometimes in court proceedings.

On Wikipedia you can find the following synonymous words:

You can give the meaning of a word based on psychology. People can judge a person based on appearance or first impression. It is clear that this is an incorrect judgment.

This is exactly how such an attitude arises. Anyone who has this impression believes that he is right, but sometimes it is difficult for him to provide the necessary evidence.

Looking for an answer? It's easier to ask a lawyer!

to our lawyers - it’s much faster than looking for a solution.

pravoved.ru

Popular:

• When are pensions for January 2013 WHAT IS IMPORTANT TO KNOW ABOUT THE NEW DRAFT LAW ON PENSIONS Subscribe to news A letter to confirm your subscription has been sent to the e-mail you specified. December 27, 2013 Schedule of payment of pensions, monthly social benefits and other social payments for January 2014 […]
• Russian Post rules of delivery Russian Post rules of delivery In accordance with Article 2 of the Law on Postal Services, postal services include actions or activities for the reception, processing, transportation, delivery (delivery) of postal items, as well as […]
• Law 323 of 21112014 “Contents FOUNDERS: Federal Service IGOR VASILIEV: YEAR OF QUALITY. state registration, WHAT EXPECTS ROSREESTR IN THE NEW YEAR? FSUE “Rostekhinventarizatsiya” – Congratulations. » FOUNDER: IGOR VASILIEV: A YEAR OF QUALITY. […]
• Number of the law on accounting New Federal Law “On Accounting” Articles on the topic: Registration of transactions in accounting in 2014 Correct registration of business transactions is one of the cornerstone problems of both accounting practice and […]
• Order of the Ministry of Health Documents of the Ministry of Health of the Russian Federation (Enter the number and/or part of the name or date of the document. IMPORTANT: the date of the document is entered in the format “dd.mm.yyyy”) “On the admission of specialists to carry out medical or […]
• Taxes for individuals in Crimea What personal income tax is in Crimea The Republic of Crimea officially returned to the Russian state in mid-March 2014. Thus, 2 new regions have appeared in our country - the Republic of Crimea itself and Sevastopol as a city […]
• Law Federal Law 143 Federal Law of November 15, 1997 N 143-FZ “On Acts of Civil Status” (with amendments and additions) Federal Law of November 15, 1997 N 143-FZ “On Acts of Civil Status” With amendments and additions [ …]
• Plastic cards with cash back Plastic cards with cash back One of the disadvantages of credit cards until now was that if funds were stolen from your card account, you could not protect your rights and return the money. Everything, that […]