The director is humiliating. Harassment in the Workplace: Standards, Punishments, and Helpful Tips

It's good when being at work is enjoyable. However, even a favorite job can be overshadowed by people who are not burdened with knowledge of etiquette. Clients, co-workers, partners, bosses - these are the main culprits when it comes to harassment in the workplace.

We will tell you in this article what to do, how to confront and react to a person at work.

Features of the crime

Many people, when confronted with abusers, threaten the offenders with criminal punishment. Such a threat can only be considered inertia.

Since 2012, the Criminal Code punishes only insulting a person in power. All others should contact the Administrative Code.

Concept and legal characteristics

Article 5.61 of the Code of Administrative Offenses speaks of insult in general. The official situation of this offense is not considered in any separate section of the article.

What exactly can be considered an insult? Two things are important here:

the offender seeks to humiliate the dignity and/or honor of his victim;
the actions of the perpetrator are clothed in some indecent form, that is, they “do not suffer” from the ethics of words and/or actions.

Such an offense must have a perpetrator and an addressee. This can be explained with a simple example.

Let’s assume that a client came to the company’s office with complaints and contacted an available manager. The issue was considered, but it was not immediately possible to resolve the problem.

If a client swears obscenely without addressing anyone, this will not be an insult to anyone present. And if the addressee is a specific employee present, he may regard this as an insult. Of course, it is also important what exactly the offender says/does.

Here it is rational to turn to sociological research. They identified the offending factors empirically. The following may be considered offensive:

all obscene or obscene expressions (usually swearing, swearing);
various comparisons - for example, with animals or objects;
unwanted, cynical touching;
obscene gestures;
movements that may result in clothing or part of it being torn off from the victim.

Read on to learn about the signs and articles for insulting a person (an employee) in the workplace.

Composition of the crime and qualifying characteristics

In this case, it is more correct to talk about the elements of the offense. The circumstances of this act have already been discussed in the previous section. It remains to add something important. Let’s imagine: a person is at work, and someone’s statement offends him. Has an offense taken place? Not really, since we are still talking about personal perception.

Let’s say that employee Ekaterina was teased “Katyusha-piggy” as a child, after which she hated the specific diminutive form of her name. An uninitiated person can call an employee exactly that and thereby insult her. However, from the point of view of etiquette, we are talking here only about some familiarity; there is nothing obscene in the words of an unwitting offender.
But if the interlocutor says something like “Katyusha, you (you) are such a badass,” then there is at least a comparison with a representative of the fauna. This behavior is consistent with one of the items in the list at the end of the previous section. Here we can talk about insult not only in terms of personal offense, but also from the point of view of generally accepted norms.

The second and third parts of Article 5.61 are devoted to qualified types of offenses, respectively. In one of them we are talking about a publicly committed insult, in the other - about allowing such an act. Now a little more detail.

Read below about what types of insult to a person (employee, colleague) in the workplace are defined by the Labor Code, the Code of Administrative Offences, and other regulations.

Types of insult

In Article 5.61 itself, the division of insult into types is extremely simple; the act may or may not be public. Considering the topic of insults at work, we will have to turn to the practical experience of lawyers.

Perhaps the most common cases are when insults come from colleagues. At some large enterprises, such situations (with a certain amount of connivance) can arise daily and repeatedly.
Insults from superiors towards subordinates are another large group of cases.
Finally, a person at his workplace may be insulted by an outsider - for example, a client of a company, a buyer of a store.

When it comes to verbal abuse, how important is it whether it was obscene? This is an essential detail when preparing a criminal complaint. However, you can insult a person using words only in literary language, but the meaning will still be obscene.

Rules on this issue

In all cases of insult, Article 5.61 will have to be followed. Article 130 of the Criminal Code, which is still sometimes mentioned on various Internet resources, has not been in force for several years.

In addition, the Russian Constitution protects the dignity of the individual. This is stated in Article 21.

What to do?

The issue for Russia is quite complex. A huge number of people suffer abuse in their workplaces every day. Experts (psychologists, sociologists) note that this is currently the sad specificity of our country.

This is especially true in situations where the offender is the boss and the victim is a subordinate. Even if polite communication is stipulated in the employment contract, this does not guarantee the protection of employees.

Sometimes people simply have no way to fight their offenders. However, if such an opportunity arises, it must be taken advantage of.

We will tell you further about how to write a complaint statement about being insulted by obscene language at work.

The following video will tell you what to do if you are insulted at work:

How to file a complaint?

Everything here is subject to the standards of statements of this kind. In a complaint about personal insult in the workplace, you must provide the following information:

date and time of the offense;
who allowed it;
what exactly was done and how;
request for action.

It is also advisable to specify the description of the offender’s actions. To do this, you need to indicate exactly why his words/actions were perceived as offensive.

Read below about where to go to report for harassment in the workplace.

Where should I submit it?

At many enterprises, polite treatment is provided for by various internal rules, employment contracts, and other documents.

In this case, if the offender is a colleague, you can complain to one of the managers.
If you cannot resolve a conflict within an enterprise, you need to contact representatives of the law. It is interesting that the Code of Administrative Offenses has Article 28.4, which directly states: cases under Article 5.61 are the responsibility of the prosecutor. So lawyers sometimes recommend filing an application with the prosecutor’s office.
Or you can go straight to court. In this case, we will no longer be talking about a complaint, but about a statement of claim, but this in no way changes the essence of the matter. Indeed, in both cases, the offended person defends his rights.

In any case, the most important part of the case is the evidence. It is best if there are witnesses who are willing to testify. True, if the offender is the boss, you can’t always count on the testimony of eyewitnesses to the situation.

Other ways to prove an insult include recordings from office video cameras, especially if not only video is recorded, but also audio is recorded.

It is possible to prove verbal abuse if the victim had a voice recorder on at the time of the conversation. When submitting such evidence for consideration, lawyers recommend simultaneously attaching a transcript (however, if the sound recording is of good quality, there is no need for it).

Only high-quality and correctly collected evidence will help you win in such a case. Read below about the penalties for insulting someone in the workplace.

Punishment for harassment in the workplace

Since we are talking about an article of the Administrative Code, the responsibility will be administrative. There is only one punishment - .

What amount can we talk about? In this matter, everything depends on who committed the offense. Article 5.61 talks about three categories of people - citizens, officials and legal entities.

It is difficult to imagine that an employee of an enterprise would be insulted by a certain LLC.

As for citizens, the fine for them ranges from one to five thousand rubles.
For people in positions, the amounts are higher - from ten to fifty thousand rubles.

Arbitrage practice

Claims that relate specifically to “official” insults are still rare. Especially if the boss is at fault. Quite often you can hear about insulting a doctor in the workplace; articles and notes in the media are proof of this.

Practice shows that offended subordinates either tolerate inappropriate treatment or leave for another job. And conflicts between colleagues of approximately equal positions are resolved either independently or by filing complaints with managers.

The problem of offensive communication in work communities is enormous. To resolve it, it is necessary (first of all) to increase the level of culture of all people without exception. In this case, the majority of conflicts simply would not arise.

Labor relations consist of the relationship between workers and management. As a rule, there are conflict situations at work. They can arise either through the fault of employees or due to the tyranny of the boss. For example, the latter may yell at his subordinates and humiliate their personal dignity in every possible way. Is this fair? Where can I complain about my boss? How does the law protect this? We will talk about this in our article.

Does an employer have the right to yell at subordinates?

The transition of companies into private hands leads to changes in corporate ethics and general standards. If previously there were so-called trade union committees, now their number has decreased significantly. This is especially true for companies that are in the hands of individual entrepreneurs or reorganized into LLCs. But this does not mean at all that people working there are obliged to endure tyrant bosses and listen to the humiliation of their dignity.

Before filing a complaint against a manager who yells at 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 do not experience conflicts with the boss. This allows you to analyze the current situation on an individual basis.
Labor legislation has a relationship with 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 boss depends on several factors. The offended employee will have to prove that the boss is yelling and humiliating for a reason, but in order to get the employee out of the team or to take revenge on him in a number of domestic disputes.

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If the boss’s guilt is proven, he faces liability in accordance with the Administrative Code, as well as the Labor or Criminal Code.

What does a boss face for humiliating employees?

The punishment of a leader depends on the nature of the humiliation of subordinates and the motive for committing such actions. If a boss tries to yell and humiliate an employee in order to force him to quit as soon as possible, this is a direct violation of labor laws. But here it is necessary to understand that the manager is trying to force dismissal through psychological influence. A way out of this situation may be to warn the boss about contacting the labor inspectorate. If the attacks do not stop, you can file a complaint.

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Penalties for forced dismissal (Article 5.27 of the Administrative Code):

Imposition of a fine for officials and individual entrepreneurs - from one to five thousand rubles;
Legal entities - from 30 to 50 thousand rubles.

Sanctions against legal entities provide for the most severe punishment, so in such cases they usually agree to make peace with the applicant.

If a boss not only yells, but also humiliates a subordinate, then there is an insult to honor and dignity. The criterion for proof is profanity, affecting the personal qualities of the employee or members of his family. Such acts are punishable in accordance with Art. 5.61 of the Administrative Code, which entails a fine of 10 to 30 thousand rubles (for officials) and up to half a million (for legal entities).

Is it possible to avoid humiliation from your boss?

Despite the fact that the boss yells about each individual case, psychologists have developed several recommendations. By adhering to a simple action plan, you can avoid or reduce conflicts with management.

How to avoid dissatisfaction with your superiors:

Try not to be late for work, but rather arrive before your manager.
Do not provoke your boss by being late from lunch or a cigarette break, then he will yell and humiliate you less.
Use your workday to get the most out of your responsibilities by minimizing online interactions.
Take into account the personal characteristics of your boss, especially if he is an expressive person with a high degree of responsibility for the result.
Do not respond to aggression with aggression, but try to understand the leader. In case of constant attacks, you should warn that you will not allow your honor and dignity to be humiliated. But you need to say this in a calm and confident voice without raising your tone.
As a last resort, submit a letter of resignation from your job. In some cases, especially if the employee is valuable, this sobers up the boss and pacifies his behavior.

When you can’t stand the boss yelling and humiliating you, contact the labor inspectorate. Here you should remember that you are first of all protecting your rights, rather than trying to wash your dirty laundry in public.

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Complaint against an employer to the labor inspectorate

A statement about violations by superiors is written in free form. But, like any other appeal, it has its own characteristics. It is not allowed to submit a complaint orally, since inspectors simply will not be able to record such testimony.

How to file a complaint against your boss if he humiliates and yells:

The document must be in written form on an A4 sheet;
Indicate the name of the body to which the application is being submitted (labor inspectorate, prosecutor's office);
Full name of the applicant, contact details;
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 on the part of the manager;
Provide links to articles of the law (Administrative Code, Criminal Code of the Russian Federation, Labor Code of the Russian Federation);
Attach a list of evidence of what happened at the workplace (photo, audio, video documents, written evidence, eyewitness testimony, certificates, etc.);
Demand that the incident be investigated and those responsible be brought to justice;
Please include the date and personal signature.

When filing a complaint, do not use emotional forms of speech. Describe the situation in terms of specific violations. After checking the fact of the application, the inspectorate issues its verdict.

There are situations when a person sincerely loves his job, but is completely tired of the constant reproaches of his boss. And it’s difficult to get along with him, especially if the boss is a tyrant. If you constantly find fault with every little thing, sooner or later it will drive any person away, and then he will definitely not want to go to work in the morning. And in order to prevent another meeting with the offender, the only desire is not to leave the house, huddled in the far corner.

And there are only two ways. The simplest one is to change jobs, the more difficult one is to approach the issue wisely and try to improve relations with senior management.

general information

According to approximately half of the workers in our country, their bosses are tyrants. At least, this is what sociological surveys say. And the question of how to deal with such a situation, whether it is necessary to maintain subordination, worries many. After all, very often people like their job and salary, and sometimes there is simply no choice, because there are no other similar positions and conditions in the region. Removing a boss from a position is the dream of many, but unfortunately, it is almost impossible to realize it. In this regard, it is necessary to look for methods on how to get along with such bosses and learn to tolerate their character.

Options

Many psychologists agree on one thing: there are several options for how to get along with such a person. The first is to develop patience. A person must humbly, without taking it to heart, listen to all the unfounded and often humiliating criticism in his direction. Despite the fact that this option seems very strange and can only be suitable for a very patient person, the majority of workers in our country behave this way. And maybe everything would be fine, because maintaining subordination is the right thing to do. But from a psychological point of view, such a development of events can significantly affect the employee’s health. Stress will accumulate, and psychological and physical health will decline.

In this regard, psychologists recommend not only to endure, but also to take care of your health. It is important to carry out psychological and emotional unloading. Don't relieve stress with alcohol. But if the employee does not have the strength to endure and obedience is clearly not his strong point, then it is better to find another way.

If the boss constantly yells, it means that he is not confident in himself and is afraid of appearing funny in the eyes of others. Therefore, it is worth considering that such people are very afraid of publicity of their incompetence. To understand and understand exactly what complexes and traumas provoke him to defend himself from the world means to find a weapon that will reliably work on this person. There is even a chance that he himself will resign from his position. But this method is very dangerous, because any mistake is slander, and it is punishable by law. But it’s best not to resort to drastic measures and decide how to communicate with your boss without offense or problems for both parties.

Selecting Actions

Naturally, if every second an employee is being nagged by his superiors about all sorts of little things, the easiest way is to start looking for a new place of employment. This method is ideal for people whose character does not tend to fight for their rights, and for those who are accustomed to looking for easy solutions to problems.

According to probability theory, the tyrant boss will remain a thing of the past, and the new management will be much more favorable. But if this is not the case, then it makes sense to build a competent strategy of action. The first thing you need to understand is for what reason he shouts most often, and also determine which of his quibbles are valid and which are not. When conducting an analysis, you should not look at the issue one-sidedly; there is a possibility that the manager is justifiably indignant about the employee’s poor performance of his direct obligations.

Hysterical boss

To establish relationships with management, you first need to understand what type of personality his character belongs to. According to statistics, hysterics occur in 99% of situations in women. If they are in a state of constant tension, it is very likely that they will take their anger out on their subordinates, while maintaining friendliness with their superiors and strangers. If this is hysteria, then you should act like an armored train. Do not react. All responses must be controlled, without raising your voice or showing mutual emotions. If the nitpicking is ridiculous, you should argue your opinion.

And in a situation where the bosses are trying to blame their subordinates for their own mistakes, it is best to clearly show them who is really to blame. You can also enlist the support of colleagues or management from above. In this situation, this should not be perceived as betrayal or sneaking, because actions on the part of a constantly humiliated employee will be completely justified.

How to find a common language

Unlike hysterics, a tyrant boss is aggressive towards everyone indiscriminately. Such people are undeniably confident in their own superiority over everyone else. These are mostly men who have moved up the career ladder quite quickly. Their main belief is that there are only idiots around, and communicating with them is worse than torture.

If a person has to communicate with a tyrant, then initially it is necessary to behave correctly. It is necessary to show that the subordinate has enough pride, and the option that he will become completely absent. Of course, the task seems difficult, but if you complete it, then there is a high probability that you will no longer have to deal with nagging in the future. In addition, a person must instill in himself the idea that he is no worse than his tyrant boss. Psychologists also recommend using your imagination, for example, imagining your boss in a pink fluffy sweater or with a trash can on his head. This will allow the consciousness not to take seriously its blows to self-esteem.

If the production manager is constantly nagging

It’s just that a nagging management at first glance looks more harmless than a hysterical type or tyrants. But the fact is that constant comments can bring out even the most calm and balanced person. A nagging boss will carefully monitor every step of his subordinates, reprimanding them even for being half a minute late.

Often such people also control lunch time and call on weekends without good reason or serious reasons. There is also a chance that he will look for flaws in a job that is done perfectly. And instead of a well-deserved bonus, the employee will receive a reprimand.

How to raise a boss

There is no point in subserviently to a nagging and hysterical production manager. It is worth clarifying exactly what nuances the manager is not satisfied with, calling him to a dialogue, where he must not only explain what he sees as shortcomings, but also suggest ways to solve the problem that has arisen.

As for calls on weekends, you can simply not pick up the phone. This is rest time, and your boss has no right to blame you for not being on call. It is also worth taking your work schedule more seriously and avoiding delays or delays in lunch time. This will lead to the fact that the boss will simply get tired of looking for reasons to blame you, and he will switch to another employee.

Conclusion

Taming your superiors is not an easy task, but this is not really a solution. If the boss is a tyrant, what to do about it is known. You just need to improve the relationship between you. You should not grovel or bend under annoying leadership. On the contrary, for such people, those employees who show dignity and can prove their worth are important. If you isolate yourself from constant nagging, you can work calmly.

But to globally re-educate this person is a task for his relatives. When building relationships, it is very important to let the person know that you are not only ready, but also want to cooperate with him. It is your desire to resolve the conflict that will allow you to continue working without problems. By recognizing your boss’s psychotype and solving this situation, you can make your life better and get rid of grievances and problems at work.

What to do if your manager yells at you?

We will not talk here about your professionalism or the professionalism of your manager. Or about the reasons why a situation arose in which your boss is yelling. The following technique is a simple three steps that will help you deal with it. True, except for the case if, unfortunately, the boss is a fool and just gets into trouble.

If the boss yells, it needs to be stopped immediately. The longer you wait, the harder it will be to do this. Therefore, at the first sign of an increase in tone, stop this disgrace immediately. And, by the way, this is very humane, since it will save both you and your boss’s nerves.

So, three steps:

Step 1. You are a respected person. Allow yourself to be one!

Unfortunately, the subordinates themselves provoke the managers’ scolding because they accept

it's taken for granted. But, think about it, why suddenly? The man was appointed boss, but this did not stop him from being a man. And the rules of business etiquette also apply to him.

The boss is different in that he has a wider (or different) range of responsibilities and a much higher level of responsibility. But, however, he works in the same way in the organization as you do. You are colleagues. And mutual respect is an integral part of the working atmosphere.

And therefore, as soon as you see that your manager is crossing the acceptable boundaries of business communication, tell yourself: “That’s it, he must be stopped!”

This is the first and most difficult step in a situation where the boss is yelling. The rest are already simpler.

Step 2. We say a stop phrase

The form of the stop utterance is important here. Pause and, most importantly, say in a calm tone any phrase that will change the style of conversation.

For example:

- Speak more calmly, so I will understand you better.

- Let's stay businesslike.

- I see you are excited. Maybe I'll come by later?

And so on.

By correctly using such a phrase, you can stop the screamer so that he forgets what he is talking about.

“It seems you didn’t hear me or didn’t understand, I won’t continue the conversation in this tone.”

Here it is very important not to fall into a scandalous tone. Speak calmly and matter-of-factly. Stop any attempts to change the subject. At this particular moment, you are only discussing the manager's tone and nothing else.

Be decisive. To the point that you get up and, heading towards the exit, say:

“It looks like you’re not in the mood to talk about business right now, let’s postpone the conversation until later.”

And, if the leader has lowered his tone, move on to step 3.

Step 3. We let him feel like a boss.

If the previous step forced the boss to lower his tone, it was quite painful for him, and therefore, return to him the feeling that he is in charge.

To do this you can ask:

- I understood you correctly that...

- You wanted to say that...

And briefly repeat his words.

As a rule, the shouting stops after this, and the conversation moves on to business.

And, as a wish.....

A poem by the poet Douglas Malloch, on the topic:

Since you are not given the opportunity to become a pine tree on a hill,

Become a bush at the foot of the hill,

Become a leaf - the best leaf on the grass,

So that the grass is proud of you.

Since you are not given the opportunity to become a big sturgeon,

Do not be sad! There is no sin in this.

Become a trout - but a better trout,

So that the river is proud of you.

Someone in this world is at the helm,

Someone is cooking stew in a ladle.

There is a lot of work everywhere - and everything is for you.

Choose what you like!

It is not allowed to become a road, become a mountain path,

Not the Moon, but a bright star,

Make people proud of you.

Become yourself - your best self!