Labor law in the Russian Federation, as in other countries, largely focuses on protecting the interests of the less protected party - the hired employee. It is almost impossible for an employer to fire a person without any reason other than his own intention. And then means are used to force the employee to agree to write a statement “of his own free will,” even if in fact he does not have such a desire.
In some situations, under such pressure, the application may be challenged and declared invalid. Let's look at the most common controversial situations related to forced dismissal and explain how you can protect yourself from this.
What is coercion
Coercion is actions aimed at forcing a person to do something that is undesirable for him. This concept can have both positive and negative definitions and occurs quite often. Coercion can be almost a crime, but it can also be of a legal nature, that is, completely legal and widely used.
The most important thing is the presence of a condition of voluntariness, or rather, its absence. A person to whom coercive measures are applied should not have the desire to perform any actions or undergo any changes. If he voluntarily agrees to this, without depriving himself of anything or limiting himself, such behavior will no longer be considered coercion.
Leave to recover
Another cunning scheme: resign supposedly on your own initiative, in fact - under duress, and then be reinstated through the courts.
The advantages of this method:
- The tension is relieved. The boss is trying his best to remove the employee. And the subordinate leaves. Victory! The head of the company relaxes. And the cunning employee files a lawsuit to be reinstated in his position.
- You can recover a number of compensations from your boss: for forced absence, for causing moral harm, etc. - it depends on the specific situation.
There is also a minus:
if an employee quit on his own initiative, then it is not easy for him to prove that someone forced him.
Advice: if you plan to go to court and get reinstated at work, then you need to collect evidence in advance. They may be:
- audio recordings;
- video;
- witness statements;
- some other evidence.
Conditions of coercion
In order for this type of action to fully correspond to its nature, three conditions must be present. The first of them is the presence of a coercive party. There must be a person, or perhaps several persons, who will carry out that same coercion. For example, if this is procedural coercion, then this could be a court or law enforcement officers.
The second condition will be the presence of an object of coercion. These are, accordingly, those people who are subject to certain coercive measures. It is important that the actions applied to them must be prohibited and there should be no way to protect themselves from them. However, the prohibition condition does not always apply; when measures of state coercion are applied, it is permitted by law.
And the last, third condition is the presence of any compulsory action. That is, the coercing party forces one to perform certain actions, to undergo any restrictions or deprivations, and it is these deprivations that will constitute the coercive action in question.
Reasons for forced dismissal
Let's consider several options, because the motives can be anything. You can't predict everything.
Personal animosity
This reason does not apply to labor law at all.
But it is also the most common. It happens like this: the boss hired an employee. And everything seemed to be going well. But then the employee started to get annoying. Either you didn’t like the employee right away, but it was impossible not to hire him because he is an excellent professional, or they asked for him. Whether to quit or not because of personal hostility is up to everyone to decide for themselves. If the place is expensive, then you need to hold out, to spite the employer and to your own benefit. If the position is so-so, then you can leave very quickly of your own free will - without working for two weeks. Better yet, offer your boss to sign a severance agreement with compensation. “If you want me not to be here, pay money!”
Liquidation of a company or reduction of staff (numbers)
In this case, the employer already has a financial interest. If an employee is laid off, he must be paid compensation in accordance with Art. 180 Labor Code of the Russian Federation. In the worst case - in 3 months. If an employee quits on his own, he will only be given:
- salary for actual time worked;
- compensation for unused vacation, if there is a right to such.
Important: in this situation you cannot leave on your own under any circumstances. You could lose a significant amount of money.
Forcing a pregnant woman to quit
If a woman in a position or on maternity leave is forced to quit her job at her own request, then the motive is also clear.
Such employees cannot be removed at the initiative of the employer (Article 261 of the Labor Code of the Russian Federation). That's why they use coercion. To make room. In general, it is not profitable to keep an employee with a small child. Children get sick, employees often go on sick leave. And so on. In such a situation, it is better not to quit on your own. Again, you can try to extract compensation from your boss by concluding an agreement.
Types of coercion
The general division of such a phenomenon as coercion implies the definition of two main types: mental and physical. The first of them concerns the moral impact on a person, the impact on his state of mind. It usually manifests itself in the form of a threat; pressure is especially often carried out through the promise of physical violence.
The second type is aimed at physical coercion. Pain, harm to health, any impact on a person, his body. Of course, these types are very generalized, they speak about the division of coercion in general, but they also often distinguish such a type as state or legal, and it completely deviates from the general understanding of this phenomenon and is considered legal.
It's easier to force, it's hard to prove
Legal practice suggests that coercive employers often get away with impunity. There are several reasons for this:
- The offended party cannot prove duress. Often conversations about dismissal occur unexpectedly for an unwanted employee. As a rule, the employer makes sure that they take place without witnesses. Even if you press the record button on your phone in time, it will not be legal evidence for the court.
- Positive test result. If an organization receives an inspection from the prosecutor's office or labor inspectorate, this does not mean that it will be able to establish the fact of coercion, because it leaves no traces.
- The prosecutor's office will only “wag its finger.” Even if you complain to the prosecutor’s office and it takes the complaint seriously, all that it can do to the employer until the dismissal takes place is to issue a “warning” - simply a speculative measure that does not carry any legal consequences. A dismissal that has already taken place can only be challenged in court.
- “They didn’t know what they were doing.” Due to legal ignorance, many workers do not even realize that their rights are being violated.
ATTENTION! For more timid employees, the phrase “You are fired, write a statement!” is often enough. The image of an all-powerful boss is often shown in movies, so such a dismissal may seem legitimate to the average person.
State coercion
Legal coercion is a very important element of the criminal process system. In addition, this is the most common type of coercion in general, since it is legal and not prohibited, moreover, it is a common method of crime prevention. State coercion also has its own types, which are determined taking into account the sector of its action.
The most used type of legal coercion is criminal. After catching a criminal, it is very important to prevent negative behavior on his part. In this case, law enforcement agencies or the court have the right of coercion, depending on the type of measures taken.
In addition to criminal, there are also administrative, civil and disciplinary coercion. Coercion, as we know, is an inducement to do something, and so each of these branches obliges the person who has committed an offense, which is fundamentally different from a crime, to certain actions that compensate for negative consequences.
Measures of procedural coercion
Compulsory actions are measures that are applied by the relevant subjects, namely law enforcement officers. All questions regarding the conditions for their implementation, methods and timing are recorded in the Criminal Procedure Code of the Russian Federation, which sets out all the necessary points that help prevent crime.
Coercive measures are divided into two groups, those that are aimed at preventing inappropriate actions on the part of a person suspected of committing a crime and those that ensure the order of legal proceedings in criminal proceedings, which is also of no less importance. However, special attention must be paid to the first group of coercive measures.
Responsibility for forced dismissal
It is provided for in Art. 5.27 Code of Administrative Offenses of the Russian Federation. Responsibility is the same as for many other violations in the field of labor law:
- fines in the amount of 1 to 5 thousand rubles are imposed on officials and entrepreneurs;
- for legal entities - from 30 to 50 thousand rubles.
Attention: the amount of fines may change, it is relevant at the time of writing. Open the Administrative Code, art. 5.27, and double-check everything at the time of reading the text.
Is there criminal liability?
The Criminal Code of the Russian Federation contains articles 144.1 and 145. They provide for punishment for the illegal dismissal of certain categories of workers:
- pregnant women;
- persons raising children under 3 years of age;
- people of pre-retirement age.
Imprisonment does not apply.
There is a risk of a fine of 200 thousand or the amount of earnings for 1.5 years. In extreme cases, up to 360 hours of compulsory work may be awarded. Of course, most people who are under pressure from the director find it difficult to correctly determine how to act. It is better to contact a professional lawyer. The earlier the better. URGENTLY!
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Preventive measure. Detention
Detention is a coercive measure used by the investigating authorities. This usually occurs in order to deter a person who is suspected of committing a crime. It is important to remember that a citizen can only be detained for a certain period of time, namely forty-eight hours, which requires an early solution to his situation.
It is after the arrest that one of the preventive measures can be chosen, if, of course, this is necessary. These include: personal guarantee; House arrest; pledge; arrest, in this case house arrest; supervision of a person under eighteen years of age, as well as supervision of the commander of a military unit; detention.
Each of these measures is applied only on the basis of an investigator’s decision, and in some cases, such as bail or detention based on a court decision. In this case, deadlines are always taken into account, and any violation of the procedural side of the issue may lead to the invalidity of one or another decision made, and, accordingly, stop the prevention of crimes in the future.
Crime concept
Article 179 of the Criminal Code of the Russian Federation applies to economic and property relations between individuals and legal entities that have the right and capacity. Crime can be expressed in two unrelated actions:
- coercion to complete a transaction;
- coercion to refuse to imprison her.
You can learn more about the types of physical or mental coercion in criminal law, as well as about liability for these acts, on our website
Completing a transaction involves both the signing of an agreement by the parties and its actual execution. Thus, the attacker influences the will of the victim, as a result of which the latter commits actions that are contrary to his interests.
Coercion can be carried out in one or more ways, which are defined in Article 179 of the Criminal Code of the Russian Federation:
- Threat to cause harm to health of any severity, up to deprivation of life (if harm was actually caused, then other articles of the Criminal Code of the Russian Federation related to crimes against the person come into play). The threat may concern both the person making the decision to conclude and execute the transaction personally and his relatives.
- Threat of destruction, damage, or confiscation of the property of the injured party. Destruction is considered to be bringing property into a condition that does not allow it to be used in the future (restoration work is impossible).
- Threat to disseminate information that could negatively affect the victim's personal life or economic interests.
The threat can be communicated to the injured party orally, in writing or through third parties. The method of transmission does not affect the admission of guilt of the attacker if the fact of conveying the threat to the victim has been proven.
The meaning of coercion as a procedural measure
Enforcement is always an important part of the criminal process and helps prevent future crimes and negative behavior on the part of suspects. Unlike coercion in general, legal coercion is not prohibited and is supported by law, which has enormous significance and impact on society.
Of course, coercion in itself, as something that puts mental and physical pressure on a person, is a negative phenomenon. That is why the law clearly establishes the boundaries of the application of various crime prevention measures, puts the actions of law enforcement agencies within a framework and fixes the principles that determine the importance of human dignity and honor.
