If the boss yells and humiliates: where to complain?
Labor relations are made up of the relationship of workers and supervisors. As a rule, at work does not do without conflict situations. They can arise both through the fault of the employees, and due to the arrogance of the chief. For example, the latter may yell at his subordinates and humiliate their personal dignity in every way. Is it fair? Where can I complain about the boss? How does the law protect in this case? About this we will talk in our article.
Does the employer have the right to yell at his subordinates?
The transition of companies into private hands leads to changes in corporate ethics and common standards. While there used to be so-called trade union committees, now their number has significantly decreased. This is especially true for companies in the hands of sole proprietorships or those reorganized into LLCs. But this does not mean that the people working there are obliged to put up with tyrannical bosses and listen to the humiliation of their dignity.
Before filing a complaint against a manager who yells at his subordinates, you should understand the nature of the conflict:
- Practice shows that cases of humiliation at work are purely individual. Bosses tend to yell at individual employees, while other workers have no conflict with the boss. This allows the situation to be sorted out on an individual basis.
- Labor law has a relationship to administrative and criminal law. An example is the punishment of management for systematic humiliation of the honor and dignity of a number of subordinates.
- The positive outcome of a complaint against a supervisor depends on several factors. The offended employee will have to prove that the chief yells and humiliates for a reason, and in order to drive the employee out of the team or take revenge on him in a number of domestic disputes.
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If the boss’s guilt is proven, he faces liability under the CAO, as well as the Labor or Criminal Code.
What does the boss face for humiliating employees?
The punishment of the head depends on the nature of humiliation of subordinates and the motive for committing such actions. If the head is trying to yell and humiliate an employee in order to force him to quit as soon as possible, it is a direct violation of labor law. But here, it must be understood that the supervisor is trying to force the employee to quit by means of psychological pressure. The way out of such a situation can be a warning to the boss about appealing to the labor inspectorate. If the attacks do not stop, you can make a complaint.
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The penalties for coercion to dismissal (art. 5.27 CAO):
- Imposition of a fine for officials and private entrepreneurs – from one to five thousand rubles;
- Legal entities – from 30 to 50 thousand rubles.
Sanctions in relation to legal entities provide for the most severe punishment, so in such cases they usually go to an amicable settlement with the complainant.
If a supervisor not only yells, but also humiliates a subordinate, then there is an insult to honor and dignity. The criterion of proof is inappropriate language, affecting the personal qualities of the employee or his family members. Such actions are punished in accordance with Article 5.61 of the Administrative Offences Code which prescribes a fine from 10,000 to 30,000 rubles (for officials) and up to half a million rubles (for legal entities).
Is it possible to avoid humiliation from the boss?
Despite the fact that the chief yells on each individual case, psychologists have developed several recommendations. Adhering to a simple plan of action, you can avoid or reduce conflicts with the leadership.
How to avoid dissatisfaction from the supervisor:
- Try not to be late for work, and better to come before the head.
- Don’t provoke your boss by being late from lunch or a smoke break, then he will be less likely to yell and humiliate you.
- Use the work day to perform your duties as much as possible, keeping communication on the Internet to a minimum.
- Take into account the personality traits of the boss, especially if he or she is an expressive person with a high degree of responsibility for the result.
- Do not respond with aggression to aggression, but try to understand the supervisor. In the case of constant attacks, you should warn that you will not allow the humiliation of your honor and dignity. But you should say this in a calm and confident voice without raising your tone.
- In the most extreme case, draw up a statement of resignation from the place of work. In some cases, especially if the employee is valuable, this sobers the boss and calms his behavior.
When you do not have the strength to tolerate the boss yelling and humiliating, contact the labor inspectorate. Here you should remember that you are defending your rights, above all, rather than trying to take “rubbish out of the house”.
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Complaint against the employer to the inspection of labour
Statement of wrongdoing on the part of the supervisor is written in free form. But, like any other appeals, there are peculiarities. It is not allowed to file a complaint orally, as inspectors simply will not be able to record such evidence.
How to make a complaint against the head, if he humiliates and yells:
- The document must be in written form on a sheet of A4;
- Specify the name of the body to which the application is filed (labor inspectorate, prosecutor’s office);
- Full name of the applicant, contact information;
- Information about the employment contract, territorial location of work and superiors;
- Description of the offense, indicating the place, time, frequency, nature and consequences of humiliation by the supervisor;
- Cite references to articles of law (the CAO, the Criminal Code, the Labor Code);
- Attach a list of evidence of what happened in the workplace (photo, audio, video documents, written evidence, witness statements, certificates, etc.);
- Demand that the incident be investigated and that those responsible be held accountable;
- Provide a date and personal signature.
When drafting a complaint, do not use emotional forms of speech. Describe the situation in terms of specific violations. After checking on the fact of the appeal, the inspection will render its verdict.
Mocked at work, the chief tyrant and autocrat – how to be?
Often in organizations or companies there is a situation where the employer formally does not violate labor laws, but creates such conditions for an employee who does not like it that he wants to leave himself.
Regardless of education, experience or position, everyone can face this unpleasant factor.
It can be a personal dislike, or the boss wants to make room for some “blatant”, and so he in every way drives the employee out of the organization, picks on any little thing, starts a conflict over nothing, and every day of the subordinate turns into a nightmare.
Let’s look at those situations when the option of “just walking away” from a self-promoting boss does not suit us. Of course, if the employee could change jobs painlessly, then no one would make a big deal out of it. Naturally, every situation is unique, but I hope the advice will be useful to you.
Do not write excuses.
Based on practice, we can say that in order to get rid of the employee will “pull up by the ears” any violation of labor discipline (being late for two minutes, snacks, coffee breaks, personal conversations on the phone, etc.).
As much as we do not want this, but anything that does not relate directly to the performance of your functional duties, it is a violation of labor discipline, and therefore formally for this can be brought disciplinary responsibility.
That is why you should remember: never write explanatory letters at the first request of the management. If you write an explanatory letter, you are admitting that you have committed a disciplinary offence.
“I so-and-so and so-and-so stepped out for 15 minutes to the next office for tea with my colleagues, it did not affect the work process, I undertake not to do it again.”
“I so-and-so was 10 minutes late to work on January 28, 2020, because I took my child to kindergarten and was held up by a teacher to discuss such-and-such matters. I pledge not to let this happen again.
You have to agree, it looks like a humiliating excuse.
Do not write anything, let the personnel officer draw up an act of refusal to give an explanation, it’s also not necessary to sign.
If you later complain to the labor inspectorate, and when it arrives with the inspection, looks at the materials and sees your explanation, it will be clear that you actually committed a disciplinary offense, made excuses about something, and then also complained.
It’s not so easy to get fired.
You might even say it’s very difficult. In any case, it is not as easy as your bosses think it is. No one has cancelled the lawsuit for reinstatement, and in court, the burden of proving that you were fired legally falls entirely on the employer.
It is up to the employer to prove to the court the legality of your dismissal, and then the court will have to look into everything, and the employer will have to explain why it was the organization all the lumps were flying at one employee.
Against one employee a whole stack of disciplinary orders, and the rest, it turns out, white and fluffy, are all the rest of the crystal clear? And what is this act of absence from the workplace for 10 minutes, who signed it, why is not in the form approved by the Ministry of Labor, where the explanatory note, where the requirements for giving an explanation, how it is confirmed that it was served, and so on.
In general, if the court reinstates the employee, the employer finds himself in an unenviable position, especially if he has already managed to take someone to that workplace.
Administrative resources
It is definitely worth complaining to the labor inspectorate, this is a body that is directly responsible for verifying the legality of the actions of employers in relation to their employees, considering complaints and appeals on the fact of violations of labor rights of workers.
This agency is directly responsible for these issues, so if there is no direct violation of the law, you should not try to jump over your head and write complaints to the Investigative Committee. The same prosecutor’s office will redirect your complaint to the labor inspectorate, so you should go there immediately, so as not to waste your time and other people’s time.
If they come to inspect your organization, they rarely leave without a protocol of an administrative offense. They will check everything and not only on the fact of the complaint, they can find something else, and the penalties for violations in terms of the labor inspection are very large, and it is usually useless to challenge these penalties in court.
If you are going to file a complaint with the labor inspectorate, in some cases it is wise to give a copy of the complaint directly to the employer as notice before filing.
If the supervisor isn’t completely chipped, he will consult with a lawyer, and the lawyer will tell him that “it’s not worth the trouble,” it’s better to go easy on this employee, because the labor inspectorate can create big problems and cause losses to the organization.
In the complaint should write only about what concerns the violation of your rights, preferably with references to the labor and administrative codes, you should not move to the personalities and write what a chief asshole.
In general, in order to competently make a complaint, it is better to contact a specialized lawyer, because he knows how to make an appeal to a public authority so that this body did not get off with a reply.
Get the support of the team
The last advice will be worldly, but without it we can not do without. It consists of the following: remember that no one likes scandalized people. That is, do not trump knowledge of the law, and talk to your boss in this vein, “and you try to fire me, I’ll give you such a problem!
Remain calm and whenever they want to punish you for something, just politely and politely ask the management to explain the meaning of their actions, the reason for which you are held responsible.
Do not set against yourself the team, you’re completely disadvantageous, let everyone see that you are a normal adequate person, and only the boss is wrong.
Even if openly stick up for you for obvious reasons, none of your colleagues would dare, but at least colleagues will be on your side. This is important, because in the end, if you lose the fight and leave the job, even looking at your empty place, your colleagues will remember you with a kind word among themselves, and your reputation will follow you to the new place of work.
During this cold war with the bosses in parallel continue to faithfully and efficiently perform their job duties, work, be a punctual employee, be less distracted by extraneous matters and conversations during working hours. This will let the team and the leadership know that in essence there can be no claims to you.
