Only peace!
Dignity and self-control are your main weapons in a situation where your boss is rude, because if you respond in kind, you will not be better than him. Moreover, the boss can always fire you for insubordination, and most likely there will be no witnesses among your colleagues that he “started it first.”
But under no circumstances should you remain silent, otherwise you are simply encouraging him to continue in the same spirit. When starting a confrontation with your boss, you need to be potentially ready for dismissal (biased inspection of your work/transfer to a branch, etc.). On the other hand, you do not require something supernatural, but only a human and respectful attitude.
Solving the problem yourself
Advice! Before running to the competent authorities and trying to understand what to do if the boss yells and humiliates, a person should try to figure out this problem on his own.
The criminal law provides for an article for insult in the workplace, therefore, if a boss discovers real attempts to get his employee out of work, a citizen can contact the relevant authorities to protect his rights.
Of course, any obscene statements made by the employer must be punished in an appropriate manner. However, experts recommend first trying to resolve disagreements peacefully, because situations when a boss breaks down at his subordinates because of poor quality work done by them occur quite often.
How to act when insulted by superiors
The reaction to irritation on the part of the immediate supervisor is determined by what exactly the boss wants to achieve from his subordinate.
If a citizen is sure that the manager is insulting him without reason, for example, simply because of personal hostility, such actions must be appealed to the labor inspectorate. Experienced specialists will be able to establish for what reasons the boss took his anger out on his subordinate: for personal reasons or under psychological influence. However, it is better to start drawing up such a complaint after receiving an explanation from the accused.
In this case, the document will be able to set out all the circumstances of what happened. At the same time, during the preliminary conversation, it is necessary to inform the manager about the desire to appeal his actions to the labor inspectorate. As practice shows, most of these problems are solved without the involvement of authorized government bodies.
What not to do
Unfortunately, people often sacrifice themselves and overstep their principles in order to please their boss. Such actions are wrong, as they can aggravate the difficult relationship between employer and employees. The use of a defensive reaction is primarily aimed at preserving the psychological health of the employee.
How to correctly write a statement of insult
A complaint about insult to the labor inspectorate or prosecutor's office must contain the following information:
- The essence of the problem;
- Date and time of the incident;
- Personal details of the boss;
- Data on the employment contract or other agreements regulating the employee’s work at the enterprise.
The procedure for protecting your rights and admitting mistakes
Unfortunately, some of the conflicts that arise between an employer and his employee may go beyond what is permitted. The tyranny of a boss can force a citizen to take actions aimed at bringing him to justice.
According to the provisions of Article 352 of the Labor Code, a person who has been humiliated at work by his immediate supervisor has the right to defend his rights in the following ways:
- Contact the trade union;
- Deal with the offender yourself;
- Submit a corresponding application to the court;
- Write a complaint against your manager.
As practice shows, a citizen’s appeal to government agencies exercising control in this area has the maximum effect. However, before filing a complaint against his manager, the employee must independently understand the current conflict.
Based on the results of numerous trials, it can be concluded that sometimes the boss’s dissatisfaction has good grounds. And the employee simply refuses to voluntarily admit his mistakes and deal with them.
In such a situation, it would be in the citizen’s interests to admit shortcomings in his work. As a result, the parties may be able to come to a constructive solution to this problem.
It makes no sense to try to bring the boss to justice in this case, since such actions will not bear any consequences, but will only lead the parties to a new level of conflict.
Liability for workplace harassment
Unfortunately, tyrant bosses are quite common. And some of them are trying their best to drive the unsatisfactory employee out of the workplace through unpleasant statements and actions. In this case, the manager’s actions may be regarded as a direct insult.
As a rule, in such situations, the manager is held administratively liable in the form of a fine of 3,000 rubles. But before that, it is recommended to try to solve the problem yourself, and point out to your boss that such treatment of your employees is unacceptable.
If there is no positive reaction, you can apply to the prosecutor’s office to protect your rights. To hold the company's management accountable, a citizen must draw up a written appeal that reflects the following information:
- Time and date when the incident occurred;
- The nature of the actions performed by the manager;
- A list of negative actions that were committed against the applicant.
It is best to avoid details in describing the circumstances of what happened - they will all be clarified during further proceedings in the case.
Based on the results of consideration of the received complaint, the prosecutor makes a decision to satisfy the request to hold the employer accountable, or to refuse to initiate such proceedings.
Important! If for any reason an employee disagrees with the decision made by the prosecutor, he has the right to appeal it through the court.
Crimes against honor and dignity
Some bosses try their best to kick undesirable employees out of their workplace. Moreover, often their actions and words may be aimed not at the quality of work duties performed, but at the personal qualities of the employee.
Any unpleasant statements and actions that can be regarded as a violation of official discipline and personal space of a citizen are crimes against the honor and dignity of a person. These unlawful acts are punishable under criminal law.
First of all, the employee must file a complaint with the prosecutor, who, based on the results of reviewing the application and all attached documents, will decide to initiate a case.
After this, law enforcement officers (as a rule, a district police officer, labor inspectorate employees, an assistant prosecutor) take actions aimed at establishing the existence of negative statements regarding the injured party. Such activities are carried out by individually interviewing each colleague of the victim.
According to the law, the total time for conducting such an investigation should not exceed 30 days. All collected materials are sent to the court, where the case is considered within 2 weeks (maximum duration under heavy workload).
Crimes against the honor and dignity of a citizen entail administrative or criminal liability (depending on the severity of the offenses).
Consultation with a lawyer
If a citizen independently analyzes his situation, he must remember the following key points:
- Each case is unique, therefore it is considered and dealt with by the authorized bodies in a special manner;
- It is advisable to understand the basic legislation in this area, but this is not a guarantee of success;
- A positive outcome depends on many factors.
Source: https://PravoNarushenie.com/trudovye/dolzhnostnye-prestupleniya/chto-delat-esli-unizhaet-nachalnik
