Mobbing, bullying, bossing... These mysterious words mean just different options for bullying an employee they don’t like at work, organized by one or several people. Do you think this is not a threat to you? You are wrong. Any of us can become a potential victim, and the number of victims of office terror runs into the millions all over the world.
Guilty without guilt
Often in organizations or at an enterprise, a situation arises when the employer does not formally violate labor laws, but creates such conditions for an employee he does not like that he wants to leave on his own.
Regardless of education, experience and position, anyone can encounter such an unpleasant factor.
This could be personal hostility, or the boss wants to make room for some “thieve,” and therefore he does his best to force the employee out of the organization, finds fault with every little thing, starts a conflict out of nowhere, and every day of the subordinate turns into a nightmare.
Let's consider those situations when the option of “just leaving” a tyrant boss does not suit us. Of course, if an employee could painlessly change jobs, then no one would make a problem out of it at all. Naturally, each situation is unique, but I hope the advice will be useful to you in some way.
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.
Don't write excuses
Based on practice, we can say that in order to get rid of an employee, any violation of labor discipline will be “pulled by the ears” (being two minutes late, smoking breaks, coffee breaks, personal conversations on the phone, etc.).
No matter how much we would like it, everything that does not relate to the performance of your direct functional duties is a violation of labor discipline, and therefore formally you can be subject to disciplinary liability for this.
Therefore, you should remember: never write explanatory notes at the first request of management. If you write an explanatory note, you thereby admit that you have committed a disciplinary offense.
Typical explanatory:
“On such and such a date, I went for 15 minutes to the next office to drink tea with my colleagues, this did not affect the work process, I undertake not to do this again.”
Or:
“I was 10 minutes late for work on January 28, 2021, because I was taking my child to kindergarten, and the teacher detained me to discuss such and such issues. I pledge to not allow this to happen again.”
Agree, it looks like a humiliating excuse.
Don’t write anything, let the personnel officer draw up an act of refusal to give an explanation; you don’t need to sign it either.
If you subsequently file a complaint with the labor inspectorate, and when it arrives with an inspection, looks at the materials and sees your explanatory note, it will become clear that you actually committed a disciplinary offense, made excuses for something, and then also complained.
Indirect methods of influence
It is not always possible to resolve a conflict through ordinary conversation. Yes, competent speech plays an important role, but nonverbal techniques make it possible to get the upper hand over the situation.
To properly influence your boss, it is recommended:
Reception. Don't use a smile.
In a stressful situation, smiling is of no use and will only make the situation worse. Women often use a sweet smile in an attempt to assuage guilt before their boss. However, you should be serious and adequately assess the situation. A smile is especially dangerous with an “actor”, “sadist” or “dictator” boss.
Reception. Gaze control.
It is necessary to maintain eye contact, showing strength of character. If you can't look straight into the eyes, you can look at the nose. Under no circumstances should you lower your eyes. This is an indicator of weakness. Then the boss will understand that he has won and will begin to humiliate him even more harshly.
Reception. Gestures.
The nervous state is manifested in body movements. The boss will immediately notice nervous nodding of the head, shaking hands, nervous gestures, etc. All this shows fear and self-doubt.
Reception. Rack.
You should stand straight, without leaning on anything.
Reception. No crossbreeding.
You can’t cross your legs or arms in an attempt to block out negativity.
Reception. We are not getting better.
You should not try to straighten your hair, dry your clothes, etc.
Reception. We don't cover our faces.
Hands should not be on your face.
Reception. Nod.
A single nod is sufficient to express agreement.
Reception. Correct speech.
Use competent and clear speech.
Reception. Let's not hang out.
Answer the questions asked.
Reception. Cloth.
Appearance also plays an important role in the relationship between bosses and employees. A well-groomed business suit allows you to create distance. This practice is used in large organizations where all employees are required to wear business attire.
It's not that easy to get fired
One might even say it is very difficult. In any case, it is not as simple as it seems to your superiors. No one has filed a lawsuit for reinstatement at work, and in court the burden of proving that you were fired legally falls entirely on the employer.
It is the employer who must prove to the court the legality of your dismissal, and then the court will get to the bottom of everything, and the employer will have to explain why all the big shots in the organization fell on one employee.
There is a whole stack of disciplinary orders against one employee, and the rest, it turns out that, white and fluffy, is everyone else really crystal clear? And what is this act of absence from work for 10 minutes, who signed it, why not in the form approved by the Ministry of Labor, where is the explanatory note, where the requirements for giving explanations are described, how it is confirmed that it was handed over, and so on.
In general, if the court reinstates the employee, the employer finds himself in an unenviable position, especially if he has already hired someone for this job.
Procedure
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.
If the goal is dismissal, then you must immediately contact the labor inspectorate, where you will need to file an application against the boss to force him to resign. The boss will not have any objective reasons to fire you, and subjective reasons do not concern anyone except himself. Various provocations will come from him, which will have to be completely ignored.
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.
Administrative resource
It is definitely worth complaining to the labor inspectorate; this is the body that is directly responsible for checking the legality of employers’ actions in relation to their employees, and considers complaints and appeals regarding violations of the labor rights of employees.
This body is directly in charge of these issues, therefore, 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 forward your complaint to the labor inspectorate, so you should contact them immediately so as not to waste your own and other people’s time.
By virtue of the law on the procedure for citizens’ appeals, the labor inspectorate is obliged to respond in any case.
If she comes to inspect your organization, they rarely leave without a protocol on an administrative violation. They will check everything and not only based on the fact of the complaint, they may also find something else, but the fines for violations in terms of the labor inspection are very large, and challenging these fines in court is, as a rule, useless.
If you intend to file a complaint with the labor inspectorate, in some cases it may be prudent to provide a copy of the complaint directly to the employer as notice before filing.
If the boss is not completely beaten, then he will consult with a lawyer, and he will tell him that “the game is not worth the candle,” it is better to go easy on this employee, because the labor inspectorate can create big problems and cause losses to the organization.
In the complaint you should write only about the violation of your rights, preferably with references to the labor and administrative codes; you should not get personal and write what kind of boss is an asshole.
In general, in order to competently draw up a complaint, it is better to contact a specialized lawyer, because he knows how to draw up an appeal to a government body so that this body does not get away with a formal reply.
Get team support
The last advice will be so everyday, but we cannot do without it. It consists of the following: remember that no one likes brawlers. That is, there is no need to show off your knowledge of the law and talk to your boss in such a way, they say, “if you try to fire me under the article, I will cause such problems for you!”
Remain calm and whenever they want to punish you for something, simply politely and correctly ask management to explain the meaning of their actions, the basis on which you are being held accountable.
Don’t turn the team against yourself, this is completely unprofitable for you, let everyone see that you are a normal, adequate person, and only the boss is wrong here.
Even if, for obvious reasons, none of your colleagues dare to openly stand up for you, at least your colleagues will be on your side. This is important because, in the end, if you lose this fight and leave this place of work, already looking at your empty place, your colleagues will remember you with a kind word among themselves, and your reputation will follow you to a new place of work.
During this cold war with your superiors, at the same time, continue to conscientiously and regularly perform your job duties, work, be a punctual worker, and be less distracted by extraneous matters and conversations during working hours. This will make it clear to both the team and management that essentially there can be no complaints against you.
What to do if your manager is toxic
On a global scale, you have only two options: leave or endure.
Obviously, evacuation is the best option when it comes to something toxic. If we were talking about real poison, the solution would be a little simpler. The exclusion zone around Pripyat or the asbestos-covered ghost town of Wittenoom in Australia are rather attractions for tourists who like to tickle their nerves. And frankly speaking, there are not many people who want to stay there permanently.
Sometimes, of course, there is a temptation to fight with a toxic leader. Like, running away means losing, so you have to stay until the last. Occasionally this even succeeds. But is it worth it? In most cases, you run the risk of wasting a lot of effort but not changing anything. But in the heat of battle you yourself will receive new wounds, from which it will be even more difficult to recover.
You don't have to prove anything to anyone. Moving away from the source of the poison is smart.
Another thing is that quitting is not always easy. Maybe you love your place of work so much that you are willing to put up with difficulties. Or you don't have a cushion, so regular income is vital. Or you have a rare specialty, so it will be difficult to find a job. In this case, your task is to stock up on protection from “toxic fumes” for the time being until you can quit or the situation corrects itself.
