Causes of breakdowns
The boss is easily provoked into conflict by his subordinates who know him little.
They are unfamiliar with the peculiarities of his character and temperament. It is possible that your boss is a choleric person who constantly needs to scream as an active manifestation of emotions. The main reasons for bosses to show disrespect for employees:
- Bad mood. Your boss is also a person who, in addition to work, has a personal life, where things may not be so smooth. Poor health can affect subordinates.
- Bad news. This could be a drop in sales or company ratings.
- There is a syndrome that is characterized by emotional fatigue. It may be caused by the fact that your boss is tired and urgently needs rest, which he cannot afford due to the blockages at work. Loss of interest in activities and complete trust in subordinates, which they may not justify. Unjustified trust will cause mental disorders in the boss.
- Low profit. There are no bosses who would be satisfied with low profits. To improve it, he prepares to find fault with all sorts of little things.
- Violation of discipline. Remember - you cannot be late, wear a dirty uniform, or engage in any extraneous activities during the working day.
What to do if your boss yells and humiliates you? First find out the reason for this behavior.
Imagine: a person comes to work, and his manager immediately calls him to the carpet. And begins to rinse. He doesn’t mince words. The employee knows that his manager has not been seen in bad communication with his subordinates. Most likely, this behavior on the part of the boss is due to someone else's mistake. It’s not hard to guess whose. And the manager will clearly explain to the employee why he is scolding him.
Is it worth running to complain about such a leader? What's the point of this if the employee himself made a mistake at work?!
Another situation: a girl got a job as a secretary. Legally, she was subordinate only to the head of the organization. In fact - to him, his deputy and chief accountant.
The chief accountant was a completely inadequate woman. She could humiliate any employee just like that, for the sake of sport. The young secretary got it the most. As a result, the girl wrote a letter of resignation.
What to do in such a situation? Should I endure and act like this secretary, or seek protection? We must fight tyrant bosses and put them in their place. How? More on this later.
If the manager is in a bad mood, and a subordinate is in trouble, then how should he behave? There is no point in arguing, and there is no point in enduring either. Mood people have one property: they tend to “probe” the weak points of their employees. And if such a leader finds out that his subordinate is a soft person, then he will take out his bad mood on him. It is up to the subordinate to put up with this or change his style of behavior with his superiors.
What to do if your boss yells at your employees: survival instructions
Constant contact within the team involves daily communication between employees and management.
But sometimes employees are forced to quit due to inappropriate behavior of management - the boss yells and insults, especially in the presence of other employees.
What to do if a manager regularly humiliates the honor and dignity of a subordinate? How to behave and where to complain about a boorish boss? We'll tell you further.
Professional lawyers and psychologists do not recommend responding in the same tone, but also not agreeing to the aggressive behavior of management.
The optimal solution is to choose a neutral position and contact competent specialists. In this case, it is important to have evidence of humiliation in the form of witness testimony, video or audio recordings, which will confirm the manager’s inappropriate behavior in court or when contacting the labor inspectorate.
Collect evidence of rudeness on the part of the boss and attract witnesses to punish him.
To put your boss in his place, you first need to determine the form of such requests and the severity of the consequences:
- rudeness or humiliation due to personal hostility provides for administrative liability;
- the insult affects your nationality - can be classified as inciting ethnic hatred, Nazism and racism;
- public insult in the media or humiliation without reason or evidence is also an administrative offense.
Do not ignore even a single fact of insult. This threatens an unpleasant continuation.
If your manager has insulted you publicly or does it every day in a hidden form, then it is better to involve an experienced lawyer in the case. A lawyer will help you correctly qualify the manager’s actions, refer the case to the court or the police, and ensure a positive outcome for you.
Correctly determine the elements of the violation, and then file a statement with the police.
The legislation on the issue of infringement of a person’s honor and dignity provides for several articles.
You can involve your employer and immediate supervisor under the following headings:
- for slander without grounds or evidence - Art. 128.1 of the Criminal Code of the Russian Federation;
- for periodic humiliation and torture in a team, which led to suicide - Art. 110 of the Criminal Code of the Russian Federation;
- on issues of discrimination and public humiliation - Art. 5.61 Code of Administrative Offenses of the Russian Federation.
In judicial practice, Art. 5.61 Code of Administrative Offenses of the Russian Federation for personal insult.
For slander using one's official position, a fine of up to 2 million rubles is imposed. or compulsory work up to 320 hours.
In case of suicide due to constant humiliation of a subordinate and his discrimination by shouting, the manager will be removed from his position, sent to forced labor or to prison for up to 6 years.
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For yelling and humiliation, the boss will “unfasten” up to 50 thousand rubles to the state income.
Many organizations deliberately provide for rules of corporate etiquette, enshrining them in their charter or collective agreements. If the company’s internal regulations are violated, you can complain about insults to the manager to your immediate superiors, and in case of protracted disputes, to law enforcement agencies.
If your boss insults and humiliates you at work, and there is no control over him within the company, then resolve the conflict using more severe methods:
- File a police report
She is obliged to accept the document and review it within 3 days. Based on the results of the investigation, an administrative case will be opened under Art. 5.61 of the Code of Administrative Offenses of the Russian Federation and will collect a fine.
- Complain to the Labor Inspectorate
If your boss yells and humiliates you for a specific purpose (for example, to get you fired due to personal hostility), file a complaint with the Labor Inspectorate.
- Write a complaint to the manager
In the event of unjustified aggression on the part of the immediate superior, you can complain to higher management, which is obliged to take measures in accordance with Art. 195 Labor Code of the Russian Federation.
File a claim in the city court, providing evidence. Such a resolution of the dispute will make it possible to obtain compensation for moral damage.
If your boss periodically yells and humiliates you, you can file a report with the police. Please take into account a number of requirements when preparing the document - be sure to indicate:
- your full name, passport and contact details;
- place of work and address of the organization;
- information about the offender - position, personal data;
- circumstances of the conflict;
- names of witnesses who are ready to confirm the facts of humiliation and insults from the manager.
Don’t forget to put the date and signature, and also attach evidence of the insult - video or audio recordings.
If you have a similar situation in your relationship with management, do not let things take their course. Seek help from professional lawyers and resolve the conflict within the law.
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.
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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.
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.
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.
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.
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 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.
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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.
What to do - advice from a psychologist
Let's talk about how to behave in a conflict with a manager when he unfairly accuses you or raises his voice.
- Conduct yourself with dignity . Don’t gossip, don’t inform your boss about your colleagues, don’t get involved in dubious stories - in a word, take care of your reputation so that during the next scandal it will be difficult to reproach you for something specific.
- Take a closer look at your behavior . The boss’s cry is not always an empty sound. If you are regularly late, do not comply with the dress code, or do not meet deadlines, then it is time to reconsider your habits and correct your mistakes.
- Remember that you have rights . If necessary, you should remind the aggressive director: you can easily sue him, you just need to provide evidence. Perhaps this will pacify the law-abiding boss a little. By the way, this actually works, but filing a lawsuit is not an easy process.
- Try talking to the director alone . He/she may feel a personal dislike towards you, and if this is true, it is worth finding out the real reason: if only for the sake of a productive work process. Just be sure to do this one-on-one - the boss will not show off in front of his colleagues, will not be able to avoid an important conversation and will be forced to focus on your problem.
- Respect yourself . Trying to smooth out rough edges during a conflict, you risk finding yourself in a dependent position. You need to know where your professional responsibilities end and the whims of your boss begin.
Procedure for dealing with insults from your boss
We believe that the procedure for influencing management can be determined depending on what exactly the manager is trying to achieve through insults and humiliation.
Important! If a boss or boss yells and humiliates an employee, trying to force him to resign, then it is necessary to contact the labor inspectorate with a complaint regarding forced dismissal.
In this case, it is obvious that the manager has no legal grounds for dismissing you, however, for any reason he does not intend to keep you at work. Therefore, I am forced to influence you psychologically. You should not give in to provocations.
Important! Perhaps, for starters, you can threaten your boss with contacting the labor inspectorate if he does not stop such actions. Or if the situation is worse than ever, then you need to contact the labor inspectorate.
In such cases, as punishment, employers are held accountable for violating labor laws. The sanction is quite harsh and involves a warning or a fine:
- for officials - from 1000 to 5000 rubles;
- for individual entrepreneurs - from 1000 to 5000 rubles;
- for legal entities - from 30,000 to 50,000 rubles.
As a rule, legal entities in such cases are given a fine in the maximum amount provided for by the sanction of the article.
In a complaint to the labor inspectorate, you must indicate the essence of the situation in chronological order, indicate the details of the employment contract (attach it to the application), and leave contact information. In practice, the application first indicates when and with whom you entered into an employment contract, then describes the situation itself, and, if possible, attaches evidence confirming your arguments.
Initially, it is necessary to understand the conflict and find out why the boss is shouting. If the employee is truly wrong, then it is necessary to admit it. Otherwise, it is recommended to defend your opinion, but do it as tactfully as possible:
- Indifference. It is worth paying less attention to the words of your boss and in case of mistakes, do everything to correct yourself. Once the error is corrected, the conflict must be forgotten. If you take quarrels to heart, this will lead to regular nervous breakdowns. Health is more valuable.
- Calm. Try to distract yourself. Calm your breathing. Close your eyes and imagine that you are somewhere you have always wanted to be. Be calm and cool. The manager will see that there was no reaction from you. This will upset him, because such leaders as choleric people will expect the conflict to develop.
- Accepting guilt. In the case of real guilt of the employee, it is recommended to engage in self-criticism and fully admit that you were wrong.
- Analysis. Every angry state of a leader needs to be carefully analyzed.
- Appeal. It is obligatory to address in a formal style, often call by name.
- Warning. You can resort to recording your boss’s speech on a voice recorder when he mocks you. Don't forget to warn him. This may make him more reserved.
- Conversation. Don't forget that there is the usual frank dialogue that will help you sort things out. In dialogue, you should not be rude or complain.
The procedure for dealing with regular insults coming from your superiors directly depends on the goal to which he strives with such actions.
In a personal dialogue with the employer, you can also threaten the labor inspectorate, where you are going to apply for it. This will lead to positive results. In such cases, the authorities may, under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, face a substantial fine - from 1 to 5 thousand rubles. in the case of an individual and 30–50 thousand rubles in the case of a legal entity. It also provides for disqualification of up to 3 years.
If the relevant authority takes the side of the victim, the legal entity will be fined in the maximum amount.
When filling out the application, be sure to indicate the employment contract number and do not forget to leave details where you can be contacted. If you back up your words with video or audio evidence (correspondence or witness testimony is also suitable), then success is guaranteed.
The simplest and most painless option for a subordinate, if the manager insults and humiliates, is to resign from this place of work. But not everyone can afford to leave their position.
First of all, you can try to explain to the offender that you will contact higher management if he does not stop his attacks. If the boss continues to insult the subordinate and does not respond to requests, write a complaint. It can be submitted to the director of the branch where you work, or sent even higher - to the management of the parent company.
However, higher authorities do not always respond to such requests. In this case, you must complain to the labor inspectorate.
If your boss yells and humiliates you, use one of the following methods to contact the labor inspectorate:
- through the official website of Rostrud (registration on the government services portal will be required);
- through the website onlineinspektsiya.rf;
- make an appointment for a personal appointment (be prepared to have to adapt to the specialist’s work schedule);
- submit the complaint in paper form in person or send it by mail.
The fastest option is to submit your application via the Internet. On the Rostrud website or onlineinspektsiya.rf. Select the topic of the question, then indicate:
- place of work - name of organization, address, tax identification number;
- information about the manager;
- the essence of the violation;
- FULL NAME;
- your contacts;
- The way to receive a response is via the Internet or Russian Post.
Attach files and submit the form. A response must be provided within 30 business days.
You can complain to the prosecutor's office if the insult of a subordinate by a superior falls under Article 5.61 of the Code of Administrative Offenses of the Russian Federation. Let's consider the features of this type of offense.
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Article 5.61 of the Code of Administrative Offenses of the Russian Federation does not establish sanctions specifically for insults at work; it considers this offense in general terms. It is important to know that only phrases, gestures or actions in an indecent form are considered offensive if the offender’s goal is to humiliate the victim.
If a boss insults a subordinate and his actions fall under an article of the Code of Administrative Offenses of the Russian Federation, draw up a statement and send it to the prosecutor's office. Indicate in it:
- all circumstances of the violation;
- name of the organization and full name of the head;
- your details and contacts.
The prosecutor may decide to initiate an administrative case or refuse. You can challenge it with the higher management of the department employee or in court.
The deadline for investigating the case is one month. After its completion, the materials are sent to the court. There the case is being considered for another two months. This is the maximum period. However, due to the workload of ships, it may be increased.
How to prove the fact of insult
Initially, it is necessary to prepare the evidence base. The following may be considered as evidence of insults and humiliation:
- audio and video recordings;
- written documentation;
- witness statements.
Info
If the boss insulted you in writing, you should attach all the papers to the application. Usually the insult is accompanied by the uttering of words that degrade honor and dignity. It is recommended that repeated rudeness be recorded on a tape recorder or reflected in a witness statement. The form will also need to reflect information that allows you to quickly contact the person who contacted the authorized body. Additionally, you will need to reflect information about your boss.
When they want to survive from work
Is there an article for harassment in the workplace? If an employee complains inappropriately, the manager will be fined at a minimum.
Above we examined the main reasons for shouting and insults from superiors. There is one more point - this is an attempt to “eat” a subordinate, to force him to resign.
Why does a manager need this? It happens that an employee is very smart and surpasses his boss in understanding. The latter is afraid that his subordinate will be able to “catch” him. And he cannot find fault with the work of his employee. So he begins to put moral pressure on him: he humiliates, insults, and allows himself to scream.
If you notice that your manager is unreasonably nagging and humiliating you, try to calmly find out the reason. Avoiding a direct answer? More stringent measures will have to be taken.
Methods of influence
The boorish behavior of superiors towards their employees in order to expel them from the team can be taken as an attempt to bully employees, the right of which no one gave him. For such insults, administrative liability is provided - punishment in the form of a fine in the amount of 1 to 30 thousand rubles. for individuals and 30–50 thousand rubles. for legal entities.
You can write a statement directly to the prosecutor's office or make various appeals to this department. Here a case will be initiated on the fact of intentional insults. When filling out an application to the prosecutor's office, you should indicate the place and date of the offense, what actions your superiors committed against you, and, as in the case of the application described above, you must leave contact information.
There is no need to provide a description for small details. After registering the case, the victim will be interviewed by employees of the relevant authority. If a criminal case is refused, you are advised to challenge this decision in court.
The case is investigated within a month from the date of filing the application. After all checks, your case will be sent to court, where the trial must take place no later than 2 months. Then everything depends on the court, whose decisions can be appealed within 10 days.
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 .
How to contact the inspectorate?
Where to complain if the boss yells and humiliates, allows rudeness and insults towards an employee?
First of all, let's find out what is considered an insult. This is a humiliation of a person’s honor and dignity, expressed in an indecent form.
We found out that it didn’t make things any easier. What should we do? Contact the labor inspectorate or the prosecutor's office.
If insulting an employee in the workplace has become a habit for a manager, such an attitude towards oneself cannot be tolerated. A subordinate has the right to complain to the labor inspectorate if the manager humiliates the subordinate in order to force him to resign.
To contact the labor inspectorate, the following materials are required:
- A statement from the employee with a detailed description of the situation.
- A copy of the employment contract, and ideally its original.
- Photos, video or audio recordings confirming inappropriate behavior on the part of a superior person.
If the insults become permanent
Constant insults are grounds for prosecution. The ban on humiliating the honor and dignity of an individual is enshrined in the Constitution of the Russian Federation. Rudeness or humiliation entails administrative liability. If the insult concerns nationality, the actions are classified as racism, Nazism and inciting ethnic hatred. It is recommended to involve a lawyer in the proceedings. A lawyer will help you correctly classify the manager’s actions and prepare an appeal to the court or the police.
Contacting the prosecutor's office
In what cases can an employee file a complaint about management’s behavior with the prosecutor’s office? Provided that the insults are regular, their purpose is to mock the employee and put him under moral pressure.
What does it take to take such harsh measures against your boss? First, write a statement. And in it we indicate the date, the location of the crime, we write the words that the leader said to his subordinates.
The application review period is one month. The prosecutor will question witnesses, you need to be prepared for this. It will not do without interviewing the victim. We remember that giving knowingly false testimony will subject the victim to criminal liability.
After the prosecutor's office conducts the investigation, the case will go to trial.
What to write in the application
Statement of insult to honor and dignity at work
The content of the complaint does not go beyond standard samples and includes:
- Applicant's passport details, place of work.
- Date and time of the insult.
- Violator details.
- Description of illegal actions, their form and expression. To substantiate the claims, it is better to explain what the offensive nature of the statements is.
- Names of witnesses to the incident.
- A request to bring the perpetrator to justice.
What is considered an insult and humiliation of honor and dignity - see the video below: