Called at work. Mobbing: what to do if you are humiliated at work? Legal regulation of the situation

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To live in a modern metropolis, citizens have to work daily labor activity, earning financial resources for a fulfilling existence. In the current situation, most people spend an impressive amount of time in the office. We leave the apartment early in the morning and return to it after sunset. It is not surprising that work becomes a second home for us, in which people with different characters are forced to coexist in harmony. Rarely do all team members easily find a common “language” with each other, avoiding quarrels on professional grounds. Often in the newly-minted "families" there are conflicts caused by the inconsistency of the inner worlds of employees. Working in a stressful environment where negative emotions are in the air is not a viable solution that jeopardizes the profitability and productivity of the enterprise.

It is pointless to endure insults from colleagues, hoping for an end to regular ridicule, because the “offenders” will not stop, feeling their impunity

Biting jokes or caustic ridicule, obscene remarks or regular attacks, reports to superiors or constant - the variety of "tests" that employees have to face at work. Colleagues who, in their opinion, choose the most vulnerable person in the team, have fun and amuse themselves, insulting the honor and personal dignity of the employee. It is not surprising that the mental state of the employee is disturbed. Experiencing discomfort, a person does not want to return to work, driven by the instinct of self-preservation. Not every person is able to repulse the "offenders", some people prefer to ignore the ridicule of colleagues without defending. However, to endure the attacks of ill-wishers is an irrational decision that amuses the ego of a boorish team. You need to take care of yourself in time by finding the answer to the following question: What to do if you are insulted at work?

If you have become the object of ridicule from colleagues, then the first thing you need to do is to collect your own thoughts and stop panicking. It is impossible to give offenders pleasure from the current situation, therefore it is important to pull yourself together, in a calm atmosphere, considering further options for the development of events. It is worth noting that there is no difference in the positions of opponents - neither managers nor subordinates have the right to insult you. sticking to following recommendations professional psychologists, you will be able to correctly adjust your behavior and or a colleague who wants to laugh at your sense of dignity:

Try not to show your own emotions so as not to satisfy the ego of the author of a caustic joke. You can overwhelm him with a non-standard reaction to the words spoken - laugh with the rest, start a conversation on a distant topic, or loudly refute the authenticity of the words spoken.
Respond to a taunt with a counter-taunt that does not affect your opponent's self-respect. If a colleague in front of the whole team joked about the smell of your perfume, then note their value: “In Italy, prisoners are tortured with the help of my perfume. Want to try?". The arrogance of the culprit will disappear, and the team will support you.
If you do not want to get involved in a verbal skirmish with a newly appeared offender who has chosen you as a target, publicly inform your colleagues about this. Why respond to a man whose jokes were relevant in kindergarten? Engage in dialogue with children nursery group- not your level, let colleagues know about it.
If acting is not alien to you, then the role of a deaf and curious person is an effective way to compromise the offender. With a puzzled face, ask again the content of the caustic joke, repeating the procedure until the culprit gets tired of fulfilling your requests. Refer to the opponent's diction or lack of humor in the statements so that the newly appeared "enemy" loses self-confidence.
Object to the offender, compromising with a counter joke or a caustic answer. Your unwillingness to put up with the current state of affairs is a powerful argument for colleagues, demonstrating a sense of your dignity. The next time, the team members will choose a weaker personality for ridicule, leaving you alone.

Following the simple advice of psychologists, you can change the current state of affairs. Colleagues will begin to respect you, no longer releasing sharp jokes and caustic ridicule. If you demonstrate self-esteem to people around you, then the team will definitely appreciate such an act. You can not bend under the opinion of the public, closing your eyes to – this is an irrational decision that leads to the appearance of uncomfortable sensations in a person. If you do not set a goal by adjusting your behavior, then after a short period of time only a psychotherapist can help you.

If you do not know colleagues, you can seek the help of professional lawyers. In legislation Russian Federation the duties and rights of every citizen are clearly spelled out, violating which is strictly prohibited. Insults and humiliation of a person's honor are a clear deviation from the constitutional order of the country. Surrounding people do not have the right to "undermine" the social security of the employee with their sharp jokes or inappropriate swearing, belittling self-esteem. In order to punish the perpetrators in accordance with the law, it is necessary to thoroughly study the corpus delicti, enlisting the advice of a lawyer. The statements of colleagues are considered insults that humiliate your honor if they are accompanied by the following aspects:

the phrase of the offenders contains obscene language;
colleague's joke, involves comparing you with inanimate products, representatives of the animal world, etc .;
a word or phrase that offends self-esteem and belittles honor;
touching the torso or face, bearing a cynical and offensive character;
uncomplicated gestures or facial expressions that deprive you of;
the abuser forces you to take actions;

It is impossible to tolerate and turn a blind eye to the daily behavior of colleagues who violate constitutional rights. If you provide the court with an evidence base testifying to the guilt of employees, then the offenders will definitely answer for their deeds and words spoken. Law enforcement agencies will be guided at the time of the verdict by the Criminal and Civil Codes, in which such violations are prescribed in articles 5.61 of the Code of Administrative Offenses and 152, respectively. The main thing is not to put up with the barbs of colleagues, but in a timely manner to contact the police with a statement about the violation of your constitutional rights or to the world court at the place of residence of the offenders.

It is worth remembering that the offender can offend the “victim” in oral, written and tactile form, belittling the honor and self-esteem of the opponent

AT judicial order you can get moral compensation and achieve justice by putting your boss or colleagues in their place. According to the laws in the Criminal Code and the Civil Code of the Russian Federation, for verbal abuse, the perpetrator must pay a fine of 1,000 to 50,000 rubles or be imprisoned for 15 days; for swearing accompanied by assault - to reimburse compensation (up to 50,000 rubles) and be arrested for a period of 1 year; for a crime in which the victim committed suicide, go to prison for a period of 3 to 7 years.

Turning to the world court, it is important to clearly understand the seriousness of the ongoing processes, because the perpetrators will be punished in accordance with the Criminal Code and the Civil Code of the Russian Federation. If the prosecutor sees the corpus delicti and finds a sufficient amount of evidence, then colleagues may not limit themselves to paying moral compensation. In cases involving mental and physical impact on the victim, imprisonment becomes part of the sentence. It is not surprising that the authorities regularly arrange trainings for the team, keeping, because one inappropriate joke can change the lives of several people at once.

January 15, 2014, 18:07

Working in a team involves close contact of people with each other and with the boss. As you complete your official duties colleagues are forced to engage in dialogues that may not always please the interlocutor. The facts of insulting a conditional employee at his workplace today, unfortunately, are not uncommon. But most workers do not know how to act in this case. Next, it will be told what exactly can be done in relation to the conditional offender, and for what legislative framework should be straight forward.

What to do if your boss insults you at work?

To begin with, it should be clarified what exactly an insult to a conditional employee can be manifested in and who expressed the insults - the boss or a work colleague.

In most cases this is:

• unreasonable comments from the boss;
• obscene jokes;
• a kind of humor;
• interference in matters that have nothing to do with the work of the employee.

The head in this case directly violates several legislative acts at once. Insulting an employee in the workplace is primarily a violation of local acts for this organization.

If the boss affects the personality of the employee, or shows direct rudeness, then his attitude is considered a violation of the dispositions of the Civil Code of the Russian Federation (Articles 81, 88, 94, 114, 178), which provide for punishment in the form of a fixed fine.

Therefore, a person can exercise his right to a direct appeal to the labor inspectorate to file a complaint against a formal boss. Criminal punishment in this case is not provided, because there is no composition.

The most effective option is to change the employee's workplace, but this is done only as a last resort. Therefore, you should not react in any way to manifestations of a caustic sense of humor, but it is better to contact the labor inspectorate in a declarative manner.

How to respond to bullying at work?

If this happens not from the side of the boss, but from the side of a colleague, then first of all it is necessary to notify the boss about this. Relations at the workplace are directly regulated by a number of local organizational acts, which fix corporate ethics between formal colleagues.

Any violation of it by employees should involve a certain punishment. Therefore, within the framework of his workplace, a formal employee can apply in a declarative manner to the boss.

The Labor Code is an insult to the person at work

In the dispositions of today's Labor Code, any insult to dignity is regarded as a serious misconduct in the workplace. This implies a certain punishment in relation to the person.

Articles 94, 98, 101, 111 indicate that employees are required to communicate with each other within the workplace in accordance with corporate, professional, and social ethics.

This provides that an employee must not allow himself to throw public accusations against his colleague.

It is necessary to behave in full accordance with professional ethics. The provisions of this professional ethics should be known to everyone, even before the device on this work. Such allegations must be dealt with immediately. The addressee of the appeal may be a formal boss, or, again, the labor inspectorate.

Article for insulting the person in the workplace

If this is connected with direct accusations of committing a crime, then regardless of the method of such an accusation, even if it was made by a colleague on the network, liability will be provided here in accordance with the disposition of the article. In this case, the employee who violated corporate ethics, may be subject to legal punishment in the form of imprisonment up to 2 years. From a scientific and dispositive point of view, this violation was called slander against any employee.

Responsibility for insulting an employee

Responsibility for the described actions against the employee / employee may also be provided for in the form of a disciplinary official sanction (Article 81). Disciplinary action for an insult in the workplace, by its nature, it can be expressed in a verbal reprimand (by holding a meeting), as well as in the imposition of a special official fine on the employee (For information on how to appeal a reprimand, read).

The amount of such a sanction may be established by a local organizational act, as well as by a court. Here, much depends on the nature of the accusation of the employee/employee.

Application for personal harassment in the workplace - sample

In any case, an employee or worker should not react sharply to such antics on the part of his formal colleague. Any retaliatory actions of a physical nature can lead to punishment already in relation to the previously offended. Therefore, it is necessary to take measures only in an official form. This is done by submitting a conditional application.

In the descriptive part, the employee must indicate the nature of the violation - insults from another employee, as well as provide documentary or witness evidence that an official violation was committed.

In the pleading part, it is necessary to indicate the application of punishment or liability in relation to such an employee for insults. Appeal to the court will be appropriate only if the appeal to the boss or the labor inspectorate did not give a positive result.

Irina Davydova

Reading time: 5 minutes

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For many people, work is not only a source of replenishment of the family budget and an anchor of stability, but also favourite hobby, which is a way of self-expression and brings a certain joy in life. Unfortunately, work is far from always associated only with bright and pleasant emotions: relationships with colleagues can force even a calm person to slam the door.

How to put in place arrogant colleagues?

5 responses to a colleague if he constantly finds fault at work

Does your “comrade” at work vigilantly watches your every step, baselessly finds fault with every little thing, exhausts you with attacks, reproaches and jokes? Do not rush to splash lemonade in the face of the impudent person or send him on a long journey to a known address - first make sure that all cultural methods have been exhausted.

• "Do you want a cup of coffee?" And have a heart to heart chat. You will be surprised, but goodwill sometimes not only discourages the impudent and deprives him of "thorns", but also quickly solves the problem. In the end, adult adequate people are always able to find a common language.
• Be flexible and seek compromise. Even if nothing happens, your conscience will be clear - at least you tried.
• "You have parsley stuck in your teeth." Reduce all attacks to a joke. With a smile, but categorically "move out" from any reproach. And just keep doing your thing. On the principle of "smile and wave." For the 10th time, a colleague will get tired of your reciprocal jokes and “non-action” (the best answer to boors is precisely non-action!) And will find another victim for himself.
• "Your suggestions?". And really - let show and tell. Give the person the opportunity to express himself, and give yourself the opportunity to move on to a normal dialogue with a colleague. Calmly listen to his objections and suggestions. Also calmly agree or, in case of disagreement, arguedly and, again, calmly voice your point of view.
• “And indeed. And how did I not realize? Thanks for noticing! We'll fix it." You don't have to go into the bottle. The most bloodless option is to agree, smile, do as you are asked. Especially if you are wrong, and a colleague is a more experienced person in your work.

5 right steps if a work colleague is following you and reporting to the authorities

Is there a "mishandled Cossack" in your team? And more and more for your soul? If you are an exemplary worker and have a strong habit of keeping your mouth shut, then you don’t have to worry. However, knowing about the rules of conduct with "snitches" does not hurt.

• We place a colleague in an information vacuum. We discuss all important and personal issues only outside of work. Let a comrade starve without food for denunciations. And, of course, we approach our work responsibly. If you come after noon, run away long before the end of the working day, and spend most of your working time in the “smoking room”, then the boss will define you as an indefinite vacation without slanders.
• We act in reverse. We calmly and confidently launch the "misinformation", and let the scammer warm his long ears and spread this misinformation around the company. The minimum that awaits him is a reprimand from his superiors. The method is radical, and it may well turn out to be a double-edged sword, so choose the material for the "misinformation" very thoroughly.
• "Who is there?". We ignore the colleague himself and his attempts to ruin your life. As for the authorities, there is no need to worry here: no one likes informers. Therefore, do not try to run after a fellow informer to the head and insert your 5 kopecks. Just "sit by the river and wait for the corpse of your enemy to float past you."
• "Well, shall we talk?" A heart-to-heart conversation real option problem solving. But without superiors and in the presence of witnesses - other colleagues. And preferably, those colleagues who are on your side. In the process of an intimate conversation, you can explain to a colleague that everyone knows about his actions, that no one supports these actions, and that at all times the fate of informers was unenviable (everyone chooses the tone of conversation and epithets to the best of their intelligence). It is worth noting that as a result of such conversations, informers very often realize their mistakes and take the path of correction. The main thing is to convey to the person that in your friendly and strong team with such life “principles” they do not linger for a long time.
• To hell with delicacy, we count the snitch ribs! This is the worst case scenario. He will not increase your "karma" unambiguously. Therefore, emotions are aside, sober thinking and calmness are above all. And even better, humor can help relieve stress. It is humor, not sarcasm and skillfully inserted "hairpins".

In the matter of denunciations, it is always harder than with ordinary rudeness. Ham can, if desired, be pulled over to his side, calmed down, brought to a conversation, turned into a friend from a foe. But as a rule, pride does not allow anyone to be friends with a snitch. Therefore, if a snake has wound up in your friendly team, deprive it of poison immediately.

A colleague is frankly rude - 5 ways to besiege an insolent person

We meet boors everywhere - at home, at work, in transport, etc. But if a bus boor can be ignored and forgotten as soon as you got off at your stop, then a boor colleague is sometimes a real problem. After all, you won’t change jobs because of him.

How to besiege an insolent?

• We respond to every boorish attack with a joke. So the nerves will be more whole, and your authority among colleagues will be higher. The main thing is not to cross the line in your jokes. "Below the belt" and black humor is not an option. Don't stoop to the level of a colleague.
• We turn on the voice recorder. As soon as the boor opens his mouth, we take out a voice recorder from our pocket (or turn it on on the phone) and with the words "Wait, wait, I'm recording," we press the record button. No need to scare the boor that you will take this audio collection to the boss, record "For history!" Defiantly and without fail with a smile.
• If a boor asserts himself in this way at your expense, deprive him of such an opportunity. Does he pester you during your lunch break? Eat at other times. Does it interfere with your workflow? Transfer to another department or work schedule. Is there no such possibility? Ignore attacks and see point 1.
• "Do you want to talk about it?" Every time they try to piss you off, “turn on” your inner psychiatrist. And look at your opponent with the forgiving eyes of a psychiatrist. Specialists never contradict their violent patients. They stroke their heads, smile affectionately and agree with everything the patients say. For especially violent ones - a straitjacket (the camera of the phone will help you, and the entire series of videos on YouTube).
• We grow personally. Take care of yourself - your work, hobbies, growth. At personal growth all boors, scammers and gossipers remain somewhere outside your flight. Like ants underfoot.

5 answers on how to deal with a gossip colleague

Of course, everyone is thrown off balance by false rumors spread behind their backs. At this moment you feel "naked" and betrayed. Especially if the information about you spread at the speed of light is true.

How to behave?

• Pretend that you are not aware of the situation, and continue to work calmly. They argue and stop. As you know, "everything passes", and this too.
• Join the conversation about yourself. With humor and jokes. Take part in the gossip and boldly add a couple of shocking details. Even if the gossip doesn't stop, at least take the pressure off. Further work will be much easier.
• Point out to a colleague specific articles of the Criminal Code on libel which he violates with his gossip. Doesn't understand well? File a suit for the protection of honor and dignity.
• Every day, deliberately and defiantly toss a colleague new topic for gossip. Moreover, the topics should be such that in a week the team is completely tired of them.
• Talk to the boss. If all else fails, then this is the only option left. Just don't rush into your boss's office and do the same thing your colleague does. Calmly turn to your superiors for help, without naming names - let them advise you on how to get out of this situation with honor without harming the general microclimate in the team.

The best course of action is to let the boss speak before responding. Wait for the moment when she will be able to perceive your words. You can then admit the mistake you made and promise not to do it again. After that, it should be noted too sharp tone, which has no basis. It is best if this conversation takes place in private. In no case do not put ultimatums and conditions - the management cannot stand this. Just politely but firmly ask to tone down. Of course, there is a risk that you will be fired after this, but most managers respect employees who openly and honestly express their opinions in the right correct form, without affecting the pride of management.

Bad behavior

Often leaders do not stop at harsh statements alone, then passive-pejorative behavior is used. These can be offensive jokes, irony, a dismissive or contemptuous tone, etc. All this is a polite attempt to humiliate.

In such cases, it is absolutely impossible to remain indifferent and pretend that nothing is happening. Otherwise, such behavior of the boss will quickly become a habit, in addition, your colleagues can adopt the same style of communication with you. It's best to tell the manager directly that you're not happy with the attitude and ask him to explain what it all means. This will give you the opportunity to put the boss in his place, to make her treat you as an equal. Remember to speak confidently and correctly.

Types of bosses

The classic type of "mother-director" - she is an authoritative leader, she is loved and respected, but when she is angry, stay away from her. At such a moment, the best thing to do is to hide in the office for a while and plunge headlong into work. After a while, it will cool down and everything will be forgotten.

Much more dangerous than a tyrant boss. They humiliate subordinates for their own pleasure, doing it quite deliberately. You won't be able to sit here. The ideal employee for such a leader is a slave whose knees should shake at the sight of her. Often, such managers begin to intimidate potential employees at the interview. And if you decide to get a job in such a company, then be prepared to rebuff the boss.

The most important thing you need to do is not be afraid. Such bosses try to put subordinates in an alarming addiction. Resist and keep all verbal skirmishes to a minimum. Build a fictional impenetrable wall in front of you and you will be amazed at how indifferent your leader will become to you. But her behavior will change dramatically, she will become polite and begin to respect you.

There are often conflicts at work in teams. It becomes completely unfulfilled professional duties if other employees start to annoy or bully. Meanwhile, insult in the workplace is unacceptable.

It doesn't matter who offends whom: the boss of subordinates or employees behave incorrectly towards the leader. The law is the same for everyone, and every wrongful act will have to be held accountable.

The most severe sanctions are provided for humiliation in the performance of official duties. For example, criminal punishment "shines" for insulting police officers in a public place.

What is considered harassment in the workplace

Insult is a public humiliation of the dignity of an employee. Can come very Negative consequences for career and human nervous system. For example, humiliation of a teacher in the presence of children will negatively affect his authority, it will be difficult for the teacher to establish a dialogue with the class after such actions.

3 actions that are considered an insult:

• foul language;
• offensive gestures;
• sending letters, disseminating information on the Internet that is humiliating.

If doubts arise whether obscene expressions are an insult or not, the court calls experts. Specialists determine what a word means using semantic language norms.

Can the perpetrator be prosecuted?

The violator can be brought to administrative and disciplinary responsibility. You can make a penalty at work if the rules of the internal work schedule the obligation for employees to comply with the ethics of corporate relations is established. The authorities need to approve the rules by order of the organization, and the personnel officer must familiarize all employees with the rules against signature.

Important! Disciplinary punishment should not be more severe than the offense itself. In a different situation, the employee has the right to appeal the penalty through the courts. The algorithm for bringing to responsibility is established by article 193 of the Labor Code.

Procedure

The humiliation of a leader by a subordinate or, conversely, insults from superiors at work should not go unpunished. To stop the offender, follow the algorithm:

1. Collect evidence. If possible, record the conversation with the offender on your phone or tablet, write in the application who is a witness to the unpleasant situation. If a colleague spread defamatory information on forums or in in social networks, you need to notarize the scans of the pages. Many companies in the Russian Federation have surveillance cameras installed, you can ask a security guard to provide a copy of the video. Photos, letters with humiliating content, other evidence are accepted by the court.
2. Make a complaint, where to specify the place and date of the incident, information about the offender. Request that the perpetrator be held accountable.
3. Complain to the prosecutor's office, court. It is important to correctly draw up a statement, explain that the violator is obliged to make a refutation of the information at his own expense.
4. Demand that a colleague apologize and compensate for moral damage through the court. If defamatory information was circulated in the media, you must publicly apologize there.

In addition, you can complain to the authorities that a colleague began to insult you, or contact the trade union, if there is one at the enterprise.

What is the punishment

You will have to answer for the crime. There are the following types of punishments:

• administrative - a fine, arrest up to 15 days;
• criminal - house arrest, imprisonment for a term of 3 to 7 years;
• disciplinary - fines, reprimand.

How can you protect yourself from bullying?

If you are insulted, you do not need to punish the offender yourself. Reciprocal insults can provoke the offender to more harsh attacks. Therefore, it is important to keep emotions under control and act legally - go to court. The violator must obey the law: answer for rudeness and pay compensation if the plaintiff has evidence that illegal acts were committed.

You should also communicate properly with government officials. If you have visited government agency and faced with rudeness, it is impossible for our part to respond in the same way. For an insult official may be fined or forced to perform compulsory and corrective labor. If you are faced with the rudeness of officials, you need to write a formal complaint. At the request of the citizen, the authorities will deal with the situation and punish the violator.

But employees often have to deal with the rudeness of visitors. We are talking about salespeople, service workers, medical staff, hotel employees, teachers. If a healthcare worker is insulted in the workplace, the offender can be punished. To do this, proceed as follows:

1. Call as many eyewitnesses of the humiliation as possible into the office: security, colleagues, other visitors. It is important that there are outsiders among those present, as the judge may consider that some witnesses, such as employees of the victim, are interested parties.
2. You can use a voice recorder, but it should be done correctly. After turning on, say that you are a doctor, call medical institution, warn that you will be recording.
3. Call the police station.
4. Make an entry in the medical records and tell the head physician about it.
5. File a complaint with the prosecutor.

In our time, incorrect statements are quickly moving to the Internet. It will not be difficult for a person to leave a couple of comments on the forums and ruin the reputation of a doctor. But even such a situation can be fought and forced to publicly ask for forgiveness. The procedure is as follows:

1. Take screenshots of posted negative reviews.
2. Get it notarized.
3. Collect evidence that the doctor correctly performs his duties: records from the registry, printouts electronic journals from a computer, diplomas, certificates indicating the proper level of education.
4. Initiate an internal investigation to prove how the doctor treats patients.
5. Attach evidence to the claim.
6. File a lawsuit.

Particularly stringent requirements are Labor Code to the behavior of educators. The teacher should not engage in assault, offend the student. A parent can file a complaint if teachers commit violations - do not comply with the Charter educational institution and behave incorrectly - humiliate the personality of the student. But often there are situations when a student insults his teacher. But it is impossible to humiliate an educator with impunity. Students must be informed of this immediately. If the student used obscene words against the teacher, it is necessary to collect evidence for the court. It is necessary to ensure that the student publicly apologizes and demand compensation for non-pecuniary damage. You can’t shout back if they insult you, because teachers can be fired for inappropriate behavior and ignoring official duties.

Responsibility for insult is provided not only in Russia, but also in other countries: Ukraine, Kazakhstan, Belarus. The guilty person is punished under the article of the Criminal or Administrative Code.