What are your legal tips if your boss is surviving the job?
If you want to stay in the place, you need to work in a way that you will not be criticized.
And most importantly, do not write a letter of resignation.
They can threaten you. They can threaten to fire you.
If they could fire you, they would have already fired you.
Threaten that they will cut you down.
To fall under the redundancy is normal. It happens.
But! For the redundancy should be paid three salaries.
But if in reality there are no reductions, then any check from the labor inspectorate will reveal this fact.
And there are no reductions, because it is the person who survives.
Regarding the certification. There simply may not be one. There are no documents regulating it.
The person can sue if they dare to fire him as not having been evaluated. And the cost would again be borne by management.
Remember, that’s why they “survive” by moral suasion, because they can’t do anything. They have no reason to fire you.
That’s why it’s necessary not to violate the law.
You can also write to the labor inspectorate, so they come to their senses. So and so they threaten to fire you.
We have so much arrogance that even single mothers and one lady on maternity leave required to write their own letter of resignation.
We got a fine. They calmed down.
This was the right option for me. Because I was already sick and tired of working with these “fellows”.
I named the amount. It was 4 salaries. At black (that is my real salary in hand, rather than 12,000, as under the contract). According to the documents it is called “dismissal by agreement of the parties. A contract is drawn up.
That is, it was not that I was told “write your own letter and we will pay you. No. You can’t believe that. All you have to do is write your own letter of resignation, that’s it. Nobody owes anybody anything.
That’s the most acceptable option. It turned out for me personally.
They can’t fire you. That’s why they expect to survive morally.
In case of redundancy you are entitled to 5 salaries, but you can get the 4th and 5th if you are on the exchange. That’s why Ford paid 5 salaries when downsizing by agreement of the parties. – 3 years ago.
Yes, you are correct. But! By redundancy and by agreement of the parties are totally different things. There has to be a good reason for the reduction. Which in court will need to prove. By agreement of the parties, they can pay at least 5,000 and, if a person agrees, everything will be arranged. It depends on how they agree. That is, if the person doesn’t agree to 5 salaries by agreement of the parties, then they continue to work. – 3 years ago
Companies don’t want to engage in a formal layoff procedure because there is a lot of paperwork and action, and if everything is not done as it should be, such a layoff can be challenged in court. That’s why instead of 5 coladas on staff reduction with a long procedure offer 5 salaries by agreement of the parties. The money is the same, but the time and accordingly the transaction costs of the employer are many times less. Yes, since people here don’t know how to assert rights or even know them, they may be offered 5k and they will accept. – 3 years ago
It’s not easy to fire an employee. And if fired, it’s pretty easy to challenge it in court because employers rarely have the paperwork in order and the courts side with the employee and protect them as the weak party.
It all depends on how willing you are to work in an atmosphere where you are being outed.
The employee can also arrange a “fun life” for the employer by complaining, for example, to the labor inspection, which is happy to come with an inspection for a month and a little fine both the CEO and the company, but you should present them some facts, documents and proofs, not just emotions on the subject.
To have no reason for dismissal, you must comply with all the norms of labor law, above all not to be late, because for this it is easiest to be reprimanded, one second and then dismissed. The Labor Code of the Russian Federation is worth reading, and everyone.
You will have to leave one way or another. You have to try to leave in a way that makes sense to you.
At a previous job, one employee was sent on some errand for a whole day and then threatened to write “absenteeism,” forcing him to quit. And everyone around him pretended there was no assignment.
The employee went to a law office, they drew up a pre-trial claim (though he paid 40 thousand rubles for it at that time in 2015). The director thought about it, did not get involved, gave three salaries and the man resigned at his own request.
It is useless to go to the labor inspectorate, large companies “grease” them in advance.
If the bosses are pushing you out of your job, you need to look for another place to go. Because even after the application of all possible legal levers and stay at work against the will of management, the pleasure of work and communication with the bosses of such an employee will not see. And what will he then consider better – to quit all the same himself or to put up with the lack of bonuses, reduction of the permanent amount of pay for his work, inconvenient working hours, the inability to be late for a minute and to talk during working hours on the phone, etc.. to survive such an employee will still, only already by other methods.
Hello! I have a situation. A couple of months ago. got a job at a transportation company, the driver cat “E” to work on a rotational basis. Namely, 30 hours of work, 15 minutes off. The first shift left, mostly positive emotions. There were cracks – both mine and the logistician’s, but overall, I liked the work. It was time for the second shift. Everything went smoothly until its completion. I had my own plans for the weekend, my elderly mother was at home alone. On the 29th I have to finish as scheduled, and on the 30th I have “my own thing”. I called the mechanic on the morning of the 28th and I was driving from St. Petersburg loaded. He told me that it’s ok, I will leave the car tomorrow. Everything goes according to plan. Later that day, I am standing at the loading station, and then I get a text message from the logistician. Tomorrow’s pickup, and the data. I think there is a discrepancy. I write to the logistician “Oops, I’m finishing my shift tomorrow.” The logistician called, “Why the hell did you decide that you’re ending tomorrow? “You’re fucking with me with your bullshit. “The machine is on the job” until we say “no” and don’t make plans before we say “no”. After that, another call from the mechanic, where I explained in clear terms that I have an order, and if I screw it up, like go ahead, but – 18 thousand from my salary, and if you’re going to raise the rights, write a statement. I would have been twenty years younger, I would not give a shit what’s going on in the country. I would have just told them to fuck off and quit. But I was held back by credit addiction and the fact that work is not so easy to find. So I bent over and got the job done. I washed the car, handed it over to the mechanic. I think I’ve calmed down. Today is May 8. The mechanic calls me, “How are you, how are you? “When I looked at pictures of the car, I saw a scratch on the door (on the day of delivery, the acts of acceptance and delivery were signed, everything seemed normal, no complaints). With service on the phone consulted and found that there are 2 options. “Easy” local painting, about 3000 rubles (at my expense of course), the second, less optimistic, with disassembly, removal, in the area of 23 thousand rubles. Like we are now with the director to decide how best. And you, sit back and wait for our decision. A good gift before the holiday, more than a week after I surrendered the car. To my timid statement . it was NOT my scratch ( that is, I personally did not hit anything , and in the bushes on the truck exactly ( the nature of the scratch ). “I said, “You all say that, no one would admit it. In short, I am a wreck. It’s not a holiday, it’s not a holiday, it’s not a weekend. I just feel like shit. Most importantly, they were always telling me that all our cars are covered by the KASKA. I’m not panicking, I just want some advice from the experts on how to behave in this situation, the typical worker. To be honest, I get the impression that they want to drive me out like this. I’m not a bad driver, but I love shaking my license, it’s my character, since childhood, and the local boss is a prince. If a month ago, his bosses were quiet, and pretended to be caring employers (high turnover, and workers were understaffed) Now they say “We have a queue for the fence” (understandable, they deliver food, and many drivers are out of work) So if you do not like it, apply, no one will hold you back.
If the boss drives me out of work, what to do by law?
The first answer I want to give to the question of the article is to give up everything and quit. What’s the point of getting on your nerves?! But it’s not that simple.
Work is an important part of our lives. The part that determines our financial level. Find a job where the pay is good, and the team is not bastard, and has a heart for it, not easy. If it is found, it is cherished. And they tolerate it if they are not completely satisfied with it.
Two new words have recently appeared in the vocabulary of Russian workers: “mobbing” and “bossing”. However, they denote phenomena that are familiar to many people.
Mobbing is when you are not liked in a team: they make fun of you, joke about you behind your back and do not notice you. There are different ways of dealing with this: you can spit on everything and live your life looking down on the situation. Or you can be offended and fight back. But the main thing for the sake of which you go to work, the salary, all this has no effect.
Bossing is when your boss has declared war against you. Statistically, in 55% of cases, an employee blames his or her boss for his or her dismissal.
It’s unpleasant when you’re being reprimanded like a schoolboy. But if it’s for the cause, it’s a work thing. You endure humiliation, admit your guilt, and keep working.
Bossing is something else: you are systematically humiliated in public, you are punished financially for the slightest failure, you are not praised for a clear success, you are given unrealistic deadlines for the project, they say that you are unfit for the job.
In this case, you need to figure out what motivates the boss.
The boss is an elementary autocrat.
Then the situation will develop on the plot of the fable “The Wolf and the Lamb”. And no matter what kind of employee, he will always find an excuse for a reprimand. Further depends on you.
Some, following the principle: “You – the boss, I – a fool” – are silent to fulfill even unjust demands and patiently tolerate harassment. Only this requires a healthy nervous system.
One ordinary engineer worked under such a boss. For a long time he worked and tolerated: the salary was not bad, and our engineer was already many years old. One day there was a corporate party in the organization. Our engineer drank and turned from a lamb into a tiger. He grabbed his boss by the scruff of the neck and told him what he thought of him. He couldn’t calm down until they tied him to a radiator. But in the morning he came to work and almost crawled on his feet, so that the boss would not fire him. The role of the tiger did not work out for him.
How to deal with a bully
Others are not satisfied with the role of a lamb. Throw into battle with fists or to play underhanded games is not worth it.
It is worth to go to a frank conversation with the boss one-on-one. What to talk about?
- You certainly believe that he (chief) in his place, his authority is not in doubt, you think he is a professional.
- The place of the chief does not interest you. You like the work, you are going to continue to work. Ask what his complaints about you as a specialist.
- Find out what was the reason for his attitude to you. It is possible that you are to blame: gossip in the smoking room, arguing, acting pannibristically, in every way to demonstrate their professional superiority over the boss. You have to apologize and work on yourself.
- Remind them that restraining their emotions and treating all his subordinates equally is part of the job description of the boss. And you do not need more, you do not ask to love yourself.
The tone of this conversation is important: no fawning, no emotionalism, and respect for the chain of command. Such a conversation will be perceived and understood as “don’t touch me, I won’t let you”. Usually this is enough for the autocrat to stop seeing you as a whipping boy. True, he will start looking for another “lamb”.
The decision has been made to fire you.
Worse, when the decision is made to fire you, but they can’t do it by law, and there is no hope for your voluntary departure. And you begin to survive. The reasons for this situation are trivial:
- Someone’s protégé takes your place.
- There has been a change of management. The new boss has his own team.
What methods will be used
They will start recording the time of arrival and departure, lunch breaks, cigarette breaks. At a special control will be placed deadlines for delivery of projects and the quality of your work. But there are very few other moments at work, which can be picked on.
After a while they will summon you to personnel, lay out in front of you collected and will offer to resign on their own volition (clause 3 of Article 77 of the Labor Code). Then they will threaten certification, which you will not pass.
What to do. There are two ways out for you:
Exit one: quit.
- For the employer the variant of dismissal at own will is ideal, for the employee it is not advantageous.
- Conducting certification requires preparation, it is carried out according to regulations. In short, management will not go for such, if they are not sure of the positive result. There is nothing to be afraid of. Attestation and can be challenged.
- Dismissal by redundancy (ideal for the employee) you will not be able to achieve. There are too many things that have to come together for this to happen.
- It is possible to achieve dismissal by mutual agreement of the parties. In this situation, there is also an opportunity to bargain: and the money can be bargained, and medical insurance to keep.
The second way out: fight back.
Before taking such a decision you should think whether your workplace is worth the money you spend on keeping it. Your nervous system is going to be severely damaged. Begin the fight is worth it if you are confident in yourself as a professional. Victory is possible.
Solid firm. A good salary. Olga, the boss’s secretary, was satisfied with everything. A new boss came with her own secretary. The cadres did not offer anything in return, but began to survive. A sweet and intelligent woman, the personnel clerk, called her into her office every day and, turning into a monster, terrified her.
Olga took a sick leave to take care of her child, served her time, and during this time she studied the Labor Code. She went into the human resources manager’s office in a fighting mood, with a dictaphone in her hands and a prepared application to the State Labour Inspectorate. The conversation with her was different. Several vacancies were immediately offered.