Memo about boorish behavior of an employee (sample)

Why is a report drawn up against an employee who has committed boorish behavior?

Any memorandum is an informational document.
It is compiled to timely inform the company's management or employees authorized to make personnel decisions about events affecting the quality and sustainability of the management system at the enterprise. An employee's boorish behavior towards colleagues, clients, partners or creditors refers to such events and has a destructive effect on the quality and sustainability of the corporate management system. The company's image suffers, the psychological situation in the team is destabilized.

Thus, the company’s management must be promptly informed that a particular employee has behaved rudely in order to make a personnel decision regarding him. Memos are one of the most accessible internal corporate tools for recording such events.

How to bring an employee to disciplinary action for harassment in the workplace? The answer to this question is in ConsultantPlus. To do everything correctly, get trial access to the system and go to the Ready solution. It's free.

Whipping boys

Transport company driver Igor recently got a new job and unexpectedly became an outcast. As it turned out, the company had an unspoken tradition: drivers and auto mechanics go to the nearest bar to celebrate the end of the working day. Igor doesn’t like drinking, so at first he refused, and then simply began to go home. Colleagues did not forgive such behavior.

“The guys began to constantly tease me, and if I need help, they refuse me for various reasons,” says Igor. — In fact, I was left at work alone.

32-year-old Sergei works as a manager in a bank in the capital, and he has problems with weight. Everything would be fine, but most of his colleagues are obsessed with fitness. This is the main group in the bank, but Sergei is barred from joining it.

“When we have some kind of movement, they don’t call me anywhere,” Sergei sighs.

Moreover, his colleagues constantly tease Sergei about his weight and the fact that he does not take care of himself. This story has been going on for several years. Sergei began to sleep poorly, in the office he tries to avoid meeting “sports” colleagues, and after work he tries to leave the bank as quickly as possible.

“In the case of Sergei, even if he is not a sports person, he can be respected because he has his own opinion,” comments family psychologist Olga Torletskaya. “However, Sergei should not oppose himself to the team. He could come up with a motto or “chant” for his colleagues, which would certainly make him a full member of their team, even without going to the gym.

According to Olga, Igor’s case is more complicated. The instinct of self-preservation is stronger than all social ties. If he has health problems, it is better for him to really not drink. But Igor should not judge his colleagues: he should probably talk to them more often, share his attention - during the same lunch break. And then, perhaps, his absence in the evening in the company will not be so noticeable.

Still from the film “The Devil Wears Prada” / © Kinopoisk

Guli, an employee of a Moscow logistics company, also has her own story.

“I moved to Russia from the former CIS country,” says Gulya. — How fed up I am with the nagging at work about my nationality! I like to wear long skirts and prefer bright accessories. Colleagues invariably like to go for a walk on this occasion. There is real bullying going on: they make fun of my accent, mentality, faith - and this is the most painful thing. There are no complaints from my superiors about my work, but bullying from employees interferes with my work and life.

People can get bullied by colleagues completely unexpectedly. For example, a team can “unite” against an “extra” employee who needs to be kicked out in order to share his rate. Or this situation: two employees were in a romantic relationship that ended, and one of the partners, for example, was overcome by jealousy and resentment. In this case, he will do everything to annoy his former lover - for example, turn the team against him. There are other situations.

“I would never have thought that I would be an object of ridicule,” admits accountant Valentina. “But, since my age has exceeded 60 years, young employees began to call me “Baba Valya” behind my back. This is incredibly touching! Yes, I am proud to be a grandmother of three grandchildren. Maybe you shouldn’t have told your colleagues about them so often? Maybe that's why I earned this nickname...

Collective conspiracy

Still from the film “The Devil Wears Prada” / © Kinopoisk

— Mobbing is any systematic persecution that humiliates a person in one way or another. That’s why the prevalence of this phenomenon in the corporate environment is actually wider than is commonly talked about,” comments psychotherapist, Doctor of Psychology, Candidate of Medical Sciences Mark Sandomirsky.

According to him, mobbing, for example, may include spreading defamatory rumors about an employee. The reason could be anything - health, accent, appearance, behavior and even the dishes he prefers during lunch. Colleagues may bully an outcast at work and “forget” to invite him to corporate and other socially important events. They make it clear to the person in every possible way that he is a stranger here.

— However, mobbing is not only a direct insult, but also an indirect one. It can be expressed, for example, in emphasized courtesy - the so-called elfing, continues Sandomirsky. — One way or another, the social inadequacy of the behavior of an individual person who is the target of mobbing is emphasized.

According to some reports, 10 percent of employees become victims of mobbing. How dangerous is this phenomenon on such a scale?

Finish off the weak

Photo © Shutterstock Inc

“Of course, mobbing, contrary to the erroneous opinion, does not in itself give rise to suicide, because the latter is the result of an internal psychological imbalance that has existed in a person for a long time,” explains Mark Sandomirsky. — Mobbing simply reduces a person’s work efficiency and leads to an exacerbation of various psychosomatic diseases: more and more often such an outcast goes on sick leave.

As a result, either the following scenario: a person “survives”, he leaves for a new place - by the way, sometimes leaving your current job can even be useful for your career. Or the second option: the persecuted person turns into a habitual victim, having the psychological scenario “scapegoat”. That is, he himself has resigned himself to his fate, and even newly arrived employees who are not in cahoots with the “old ones” begin to “scoff” him.

“But if a person moves from job to job and everywhere there is the same similar story, then this is not mobbing, but the person’s own psychological problems, the responsibility for which he is trying to shift to others,” summarizes Mark Evgenievich.

Mobbing is gender universal - a purely male and purely female version is possible. According to psychologists, work colleagues sense a person’s weakness and begin to hit where it hurts.

— In a women’s group, a man can more easily become a victim of mobbing if, for example, his mother was oppressive in his family. He takes such psychological aggression for granted,” Sandomirsky argues. — Any mobbing is based on the mechanism of an inferiority complex. A person is oppressed and offended precisely because he is inclined to be offended. He feels different from everyone else and initially imagines himself humiliated.

Bullying in law

Insulting a person is defined by Russian legislators in regulations as humiliation of the honor and dignity of a person, and it must be expressed in an indecent form. However, in practice, it is not always possible to figure out in which case it is an insult and in which case it is expressing one’s opinion in a fairly tough company.

Since the beginning of 2012, insulting a person has become a misdemeanor rather than a crime. It is provided for in Article 5.61 of the Administrative Code, or rather in its three parts: for personal insult itself, for public insult and for failure to take measures to prevent public insult. The violator faces a fine of up to three thousand rubles.

Defense against attack

Still from the film “Patients” / © Kinopoisk

In the West, they have learned to fight corporate mobbing - this is done by personnel services. For Russia, this phenomenon is still new, so they often do not react to it in any way.

Psychologists advise increasing the individual stress resistance of a person who has become a target of mobbing.

“It is achieved through various group and individual psychological trainings,” continues Mark Evgenievich. — The victim of mobbing must first of all engage in a systematic increase in self-esteem.

According to him, there are a number of psychological techniques for this: you need to praise yourself and learn to accept praise; emphasize your merits and advantages; do not criticize yourself, at the same time admit real mistakes; create your own support group - on social networks or just among friends.

Secondly, in order to free yourself from the negative emotions caused by mobbing, a person who finds himself a victim must master the skills of practical relaxation.

Third: the victim needs to learn to create the appearance that she is in no way influenced by these aggressive manipulations.

“If you have been insulted by colleagues, you should write a memo to your management outlining the circumstances of the incident,” advises David Dziov, secretary of the Cornerstone recruitment agency. - If you have witnesses who can confirm the fact of your insult, that’s just great. In this case, the employer himself can take action and impose a disciplinary sanction in the form of a reprimand on the offender.

Lawyers also advise not to be afraid to file a police report.

— There is liability in Russian legislation for libel and insult. For this, a person can raise the question of bringing the offender to administrative responsibility,” lawyer Alexey Mikhalchik shares his experience. — For proof, you can stock up on audio or video recordings. In my opinion, the victim could use the help of a psychologist so that he can pull himself together and be able to resist the bullying.

Alexey Mikhalchik noted that Article 128.1 of the Criminal Code (“Slander”) provides for a fine of up to 500 thousand rubles or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory work for a period of up to one hundred and sixty hours.

Source: https://life.ru/t/%D0%BE%D0%B1%D1%89%D0%B5%D1%81%D1%82%D0%B2%D0%BE/1165133/tierrarium_na_rabotie_kak_zashchititsia_ot_travli_kolliegh

Structure of a report for an employee

A memo about an employee’s boorish behavior, like any other memo, should include:

• information about the originator of the document;
• information about the recipient of the document, the employee to whom it is addressed;
• a description of the essence of the employee’s disciplinary offense;
• recommendations of the compiler of the memo to management regarding subsequent personnel decisions.

The memorandum must indicate the date the document was generated, as well as the signature of the originator.

How to respond to insults according to the advice of psychologists

An employee who has become the target of ridicule needs to keep his feelings under control and coordinate his actions according to a predetermined line of behavior. You can pull the rug out from under a rude person with an unexpected reaction to a barb or a well-placed counter-joke:

1. Laugh along with everyone in response to offensive statements and move the conversation to another topic, reducing the insult to a harmless joke. Or jokingly refute what was said, thereby showing that the barb was not taken seriously and did not achieve its goal.
2. Answer with a witty joke that does not contain insults towards your opponent and, thereby, attract the audience to your side. For example, agreeing with a sarcastic remark about your perfume and exaggerating its negative properties, comparing their effect to a torture instrument.
3. Another example of what you can do if you are humiliated at work. You can play the role of a simpleton with hearing problems. Or complain about the illegibility of your interlocutor’s speech. Under this pretext, repeatedly ask about what you heard, paying special attention to minor details and reducing the severity of the statement to zero.
4. Emphasize the wretchedness of the joke by comparing the mental abilities of its author with the level of development of children from the younger group of kindergarten.

The ability to keep yourself within the bounds of decency and respond to your opponent without stooping to his level will help you gain the respect of others. If you suffer in silence, pushing grievances deeper, this will aggravate the situation and have a negative impact on mental health.

Results

Boorish behavior is an unacceptable element of an employee’s relationship with colleagues, clients, and company partners. Timely informing the company's management about such incidents is a significant factor in ensuring the stability of the internal corporate management system.

You can get acquainted with other important aspects of personnel management in Russian companies in the articles:

• “Internal labor regulations - sample 2021”;
• "Unified form No. TD-1 - Employment contract."

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Legal regulation of the situation

An insult during the work process can be inflicted on both an individual and a government representative. Various legislative codes deal with the regulation of these conflicts.

Insult to physical faces are a manifestation of interpersonal relationships, therefore the measures of influence are indicated in the Code of Administrative Offenses (CAO) of the Russian Federation, in Article 5.61. The Constitution guarantees the protection of the honor and dignity of every citizen of the Russian Federation; this is stated in Chapter 21. If the insult is combined with the use of real threats to health or life, then this is classified as a criminal offense and, accordingly, is under the jurisdiction of the Criminal Code. Find out here what the punishment is according to the Criminal Code of the Russian Federation for threats of violence.

Insulting a citizen in public service entails criminal liability. Such conflicts are considered by the Criminal Code (CC) of the Russian Federation. More information about insulting a government official can be found on the pages of our Internet portal - https://lexconsult.online/5855-privlechenie-k-ugolovnoi-otvetstvennosti-za-oskorblenie-predstavitelya-vlasti.

Options for offensive actions

Derogatory actions can be expressed:

• statements composed in literary form, but carrying a clear offensive meaning;
• comparison with an inanimate object or animal;
• obscene language;
• grimacing or offensive gestures;
• spitting, slapping, obscene touching of the victim’s body;
• tearing off the victim's clothes;
• coercion to commit humiliating acts.

Subject

If your boss humiliates you at work, you must resort to Article 5.61 of the Administrative Code. A sane person aged 16 years or older is liable for the violation. According to Part 3 of Art. 5.61 of the Code of Administrative Offenses, a special subject is involved - an organization or official responsible for the release of a public work containing offensive statements.

Please note that public insult differs from slander in that insult may involve the disclosure of information that does not contradict reality.

Subjective side

The offender carries out illegal actions with the direct intent to humiliate the victim, realizing their antisocial nature.

End of the offense

The insult is considered completed after the perpetrator has uttered obscenities, posted them on social networks, or committed other illegal actions. The onset (or absence) of consequences, public reaction to the crime and the attitude of others towards the victim do not affect the fact of a violation.

Regulatory acts regulating liability for a crime

Art. 130, which provides for criminal punishment for insult, was decriminalized in 2013. Its functions are intended to be fulfilled by Art. 5.61, introduced into the Administrative Code. However, qualified compositions are retained in Art. 148, 297, 319, 336 of the Criminal Code. Their objects are persons serving in military units or judicial bodies, and the subjective side is expressed by the official duties of the victim.

How to bring the offender to justice

If you are humiliated at work, what to do, Art. 5.61 Code of Administrative Offences. The victim can contact:

1. To your superiors if the insult came from a colleague.
2. To the labor inspectorate, if the manager intends to bring the subordinate to dismissal.
3. To the prosecutor's office, since this violation is within its jurisdiction (Article 28.4 of the Administrative Code).
4. To the magistrate's court at the defendant's place of residence with a statement of claim to recover compensation from him for moral damage.