Declination to dismissal. Coercion to dismissal: methods of countering and necessary evidence. How to protect yourself from the pressure of the employer

Freedom of the willing of citizens to stop labor relations means that any forces of coercion or pressure to submit an application for calculation are not allowed. Coercion to dismissal will result in the abolition of an illegal order and recovery at the same place of work, and to prove the legality of the procedure to be the employer. In this article, we consider how you can prove coercion by the leadership, and what protection methods provide for the law.

How to prove coercion

Facts of pressure, threats or coercion will entail the illegality of dismissal if the citizen appeals to the court or other authorized agencies. However, it is extremely difficult to prove such violations if the employer will have an employee's own statement personnel. Judicial practice allocates the following circumstances that may indicate possible disorders:

• submitting a statement from a specialist in the period of organizational measures to reduce the state / number, or the liquidation of the company - under these procedures, the citizen can count on the day off and other payments, and the application may deprive the right to receive them;
• reception of documents from other citizens for employment to the post has not yet been free - in this case, the desire to part with an employee may be associated with the need to issue a "necessary" person;
• the desire to terminate the employment contract with an objectionable employee who regularly identifies cases of violation of legislation and local acts;
• submission of an application from a pregnant woman - as the forced dismissal of such a category of citizens is prohibited, it is necessary to check the freedom of will be checked when applying;
• the application submitted on the probationary period - if the employer cannot prove the grounds for infant testing, it can make a statement on his own request.

Note! In most cases, pressure and coercion facts will not be confirmed in a documentary form. Therefore, testimony of witnesses will also be used to evict, including colleagues.

The nature of pressure and coercion will not matter to recognize the employer's actions illegal. The key value will have a violation of freedom of choice, which has affected the unfinished employer.

Protection options are right

Even before the actual dismissal, a citizen can take measures to protect his rights. To do this, you can agree with a complaint to the State Labor Inspectorate, or apply to the prosecutor's office. The sample complaints must contain the following items:

• information about the employer and employee, indicating the post and structural unit;
• information on existing labor relations, with reference to the contract;
• information about the unlawful actions of the employer - threats, pressure, coercion, intimidation, etc.;
• information on unlawful involvement to disciplinary liability associated with the refusal to apply for the calculation;
• the list of persons who can confirm the coercion by the leadership (colleagues, direct boss, etc.).

Feeding a complaint or application is the basis for checking. In addition, the fact of appealing to the labor inspection or the prosecutor's office will definitely confirm the absence of an employee to leave the enterprise. If subsequently there is an order about dismissal Article 77 Clause 3 Part 1 of the Labor Code of the Russian FederationThe administration of the enterprise will be difficult to prove the lack of coercion or pressure.

According to the results of the verification, the employer will be aimed at the inadmissibility of the violation of the law. If these disorders wear a rough and systematic nature, officials of the enterprise will be held accountable on the norms of the Labor Code of the Russian Federation and Administrative Code. The identified cases of illegal imposition of disciplinary sanctions will result in abolition.

If the dismissal actually took place, besides appealing to the prosecutor's office, it is possible to file a lawsuit. For consideration of such disputes of the Labor Code of the Russian Federation, it provides for a special period of limitations - to file a claim no later than one month after familiarization with the order or delivery of the employment record. Although the provocation of the legality of the dismissal is entrusted to the employer, the possibility of recovery at work depends on the actions. The following evidence can be used in the judicial process:

• call witnesses for testimony
• representation of materials of verification by the prosecutor's office and labor inspection;
• materials investigations in the enterprise, if the employee attracted to disciplinary responsibility for insignificant and formal violations
• documents on the upcoming reduction or liquidation of the enterprise.

Note! If it is impossible to submit these evidence due to the counteraction of the employer, they will be requested by the court on their own. For this you need to declare a corresponding petition in the trial.

For the reinstatement of work on work, the obligatory participant of the process will be the prosecutor. The representative of the prosecutor's office should give a legal conclusion about the legality of the employer's actions. If the facts of coercion goes were previously the subject of prosecutor's check, such a conclusion will surely be done in favor of the employee.

If the lawsuit of a disadvantaged citizen is satisfied with the court, it is subject to restoration in the former place of work. At the request of the plaintiff, instead of restoring at work, the date of dismissal can be changed with changes in the employment record. For all the time the forced absenteeism, the employer will be obliged to compensate for the average earnings, and the employee will be able to recover compensation for moral damage. The calculation of moral damage compensation will be made on the basis of the nature of violations and the degree of moral suffering, and the amount of recovery will not depend on the size of the average earnings.

An exclusively employee initiative can be served for dismissal. If the employer is trying to force an employee to writing a statement, his actions are illegal.

An employment contract may be terminated for the following reasons:

1. The employer's initiative is the way that the employer dismisses the employee for non-fulfillment of the terms of the employment contract.
2. The employee's initiative is an employee writes a declaration of dismissal at his own request, after which it is obliged to work for two more weeks if the employer needs it.
3. The agreement of the parties - the employer and the employee comes to a decision on the need to dismiss the employee and sign the appropriate agreement.

To protect the rights of workers, the authority of the employer at the dismissal of employees is limited by the Labor Code. Article 81 of the Labor Code of the Russian Federation regulates that at the initiative of the employer, the employee may be dismissed in the following cases:

• need to reduce the state or liquidation of the organization,
• non-compliance of the employee of the office (insufficient qualifications);
• the presence of disciplinary penalties
• rough disorders of the workflow (absenteeism, theft, finding at work in a state of alcohol intoxication, disclosure of production secrets, etc.),
• end of the term of employment contract.

When dismissing an employee, the employer must have good evidence that one of the above violations was admitted, otherwise dismissal may be challenged in court. If the employee succeeds in proving the unlawfulness of dismissal, the employer will be forced to pay him for all the forced absenteeism, as well as compensate for moral damage. Since the court's consideration of the case on illegal dismissal can last up to several years, in case of loss, the employer may incur serious material losses.

Coercion to dismissal as a propagating phenomenon

Today, employers avoid direct dismissal of employees "under the article", and try to force the employee to force themselves. If the employee violates the terms of employment contract, the dismissal of his own willing will be the best way out for him, but often employers are trying by coercive employees to dismiss the staff.

As a reduction, the employee must be warned in writing two months before the calculation and receive compensation in the amount of up to two monthly salary, in the case of dismissal, no compensation is not allowed, and the calculation can be implemented on the day of writing the application.

At the first stage, it is possible to make a categorical refusal to interrupt labor relations, arguing the fact that there is an article for coercion to dismissal (Art. 5.27 of the Code of Administrative Code or Art. 145 of the Criminal Code of the Russian Federation). In addition, the termination of the employment contract according to the request of the employee should be voluntary (the decision of the Armed Forces of the Russian Federation No. 2 of March 17, 2004).

Coercion to dismissal often becomes possible due to ignorance by employees of their rights. If the employer proposes to write a statement about dismissal due to the state reduction, it is better to ask for the official dismissal or dismissal by agreement of the parties, since otherwise it is possible to remain without sources of income and compensation until a new job is found.

Usually the employer does not insist on writing a declaration of dismissal, if he understands that the employee knows his rights. In some cases, the employee may be subject to psychological press and even get threats.

What to take in case of coercion to dismissal

If the employer makes it possible to quit the employee's own request to ask him to think about the decision to decide for himself wants to save his workplace or quit, but on more favorable terms, rather thanks the employer.

The following actions must be taken:

1. Do not allow violations of the employment contract. Even minor lateness or impairment of the workflow in such a situation can serve as a reason if not for dismissal, then for psychological pressure, therefore, the employee must follow the following rules:
   • come to work on time and not linger on the lunchtime,
   • ask the employer written provision of instructions and in writing report on the results of work,
   • if you need to remove from work for a good reason, it is necessary to write an appropriate application and wait for the belt approval by the direct boss.
2. Do not learn about the employer's persuasion. If the employer's side resorts to the threats of physical violence or even implement them, remember that criminal liability is provided for such actions to which responsible persons can be attracted.
3. Carefully learn all the documents that are provided for signing. The desire of the employer does not compensate for the reduction payments can push it to manipulations with the documentation that an employee signs that it may later serve as a reason for dismissal on the initiative of the employer.
4. Write a written pre-trial claim to an employer who can serve as a basis for compiling the claim.

Curious facts

It is necessary to know that after the bosses recognizes the employee inappropriately occupied by the position should pass 2 months, and after a passage or other violation - 6 months. Only then may be the procedure for dismissal. What refers to the dismissal due to reducing the company's activities or liquidation, then the necessary condition is a prerequisite.

If you comply with the above points and persistently treat psychological press for you hard, it remains only to try to quit on more favorable terms: with compensation, which will help maintain financial well-being during the search period for another work.

The fastest and optimal method of dismissal is dismissal by agreement. There is an official written decision on dismissal, where it is necessary to indicate the amount of compensation that the employee receives and the timing of its payment. The optimal amount of compensation is considered three months of salary, since it is so much an employee will receive with a reduction, worked out two months after receiving the notice and receives payment in the amount of one monthly salary when calculating.

If you could not agree with the employer about the payment of compensation, it remains only to require an official reduction in position.

Documentary proof of coercion to dismissal

If the employee decided to collect documentary evidence of coercion to dismissal on his own request for the compilation of the claim, it is necessary to understand that it is not easy to prove in court. When the statement is not written, it is better to follow the advice, which were indicated above. If the order of dismissal was already released or for the case of the need to better stock the following evidence:

1. Video or audio recording of a conversation with an employer. Such proof is considered doubtful and indirect, since the authenticity of the record is proves problematic. It is necessary to take care that the record has a good quality. For the lack of an official document with a request for dismissal at their own request, such proof of the conversation can serve as a reason for consideration by the court.
2. Writing testimony - proof that will significantly increase the chances of winning the case. It is necessary to enlist the support of colleagues. It is also important that the testimony of the witnesses cannot be interpreted two-digit and they sounded confident. The assumptions of witnesses will not be a good proof in court.
3. The results of medical examinations may be needed to confirm physical violence over the employee, if it was implemented.
4. Other evidence. Such evidence can be both documents and recordings on the case and the further actions of the employer after dismissal. For example, if the employer has found a person for a liberated position within a few days after dismissal, it will be an indirect evidence of the existence of a wishes in a short time to dismiss the employee.

About coercion to dismissal

Employer's responsibility for coercion to dismissal

If the employee proves the guilt of the employer, he will be restored as a court decision. At the same time, the employer compensates for the worker moral damage and pay an administrative penalty from 30 to 50 thousand rubles. Also, the loser is paid and legal costs.

If physical violence was applied during coercion to dismissal or the threats of physical violence against the employee, the employer will be brought to criminal liability.

But it should be understood that the request or proposal of the employer about the voluntary writing of a declaration of dismissal on his own will will not be considered by the court for coercion. It should be proved by the fact of psychological pressure and voicing of threats to the employee or members of his family.

We are ready to answer the questions that have arisen - ask them in the comments

01.03.2015 21:47

The fear of losing the work from workers began to appear back at the end of last year: in the fourth quarter of 2014, the number of Russians who were afraid to remain without work, increased to 35% (in the third quarter - 30%), refers to the review "Sberbank Kibe". The reasons for such a mood are the influence of Western sanctions, the fall of the ruble and inflation rate. Prospects for the labor market deteriorate due to geopolitical tensions and deceleration of economic development.

One of the first to reduce the staff of the media and the banking sector. So, about intention to optimize the staff and reduce 5-7% of personnel in Moscow and the regions, the head of VTB 24 Mikhail Zadornov said. Rosbank declared a reduction in 10-15% of workers during the year. Experts predict that at the end of February - car companies, making the first conclusions about sales, will also be forced to decide on the reduction of state. The crisis did not even bypace the IT market: compared with December 2014, in January 2015, competition for vacancies in the field of IT was increased by 64%, and in Russia - by 70%.

Bypassing the law

As in the previous crisis, some employers, using the situation, get rid of part of employees, not fulfilling those obligations that are registered in the law. In January of this year, the Job Talks project conducted a study on the topic of dismissal, in which both dismissed employees and employers took part. In total, about 120 people took part in the study. "25% of the dismissed employees reported unlawful actions from employers when dismissal, and 21% of employers described the practice of dismissal practices, which are illegal, but in most cases dismissal was legal, although they were rigid and uncomfortable in shape," commented The results of Andrei Nosov and Stas Medvedev, founders of Job Talks.

In the period of economic tension, enterprises have to save, and the procedure for reducing the staff of employees is quite expensive. In addition to compliance with a number of organizational procedures (Warning of the employee in writing in writing for two months about the upcoming reduction, compliance with the preemptive right to leaving some categories of employees listed in Article 179 of the Labor Code of the Russian Federation, a proposal to an employee of another available vacant position), the reduction implies the payment of monetary compensation . So, according to Art. 178 of the Labor Code of the Russian Federation, the employer is obliged to pay a dismissal departure manual in the amount of average monthly earnings. During the period of searching for a new work, but no longer than two months, the former employer continues to pay average earnings. Payment can be carried out on the third month, if a dismissed employee, putting on accounting in the employment service within a two-week after dismissal, will take a certificate that it has never found a job during this period.

Monetary compensation is precisely the main reason for which employers resort to various schemes of unlawful dismissal of employees and methods of psychological pressure on them.

Basic schemes of unlawful actions of the employer

First of all, it is worth remembering that the official pressure methods do not exist, Anton Grishko warns, lawyer of the Gestion Bureau. "The dismissal on the initiative of the employee (paragraph 3 of Part 1 of Article 77 of the Labor Code of the Russian Federation) implies its voluntary willing to stop labor relations (Article 80 of the Labor Code of the Russian Federation, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 17.03.2004 N 2). The pressure from the employer in order to obtain a declaration of dismissal from the employee excludes his freedom of its will, "explains Grishko. - If the employee refers to a coercion to be dismissed by paragraph 3 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, he must prove this fact (paragraph 1 of Art. 56 Code of Civil Procedure of the Russian Federation, paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2). However, employers resort to unofficial methods: they promise to dismiss for the program or for some other compromising employee, the article by the Labor Code of the Russian Federation is threatened to simply throw a company or close it (if this is a small business enterprise). Further, it is usually a proposal to pay, for example, one salary, and the employee is dismissed at his own request or by agreement of the parties. "

Natalia Hiswood, an independent expert and consultant in the field of human resources (Intellectus), draws attention to the fact that the probability of dismissal without paying is high in cases where the company has adopted a wage scheme with a low share of fixed monthly remuneration and high variable (monthly or quarterly) Payment. "As a rule, the main argument and means of manipulating the unscrupulous employer in this case is the cessation of variables of payments, the expert clarifies. "The employee is invited to quit, otherwise he simply cease to pay the variable part." Therefore, it is important for employees to be familiarized with all documents regulating the payment of labor in the company.

The founders of the Job Talks project Andrei Nosov and Stas Medvedev based on data obtained following the results of the study, allocated five main types of unlawful actions to which employers are resorted by dismissal:

"one. Dismissal "At your own request" under pressure. The employer invites an employee to write a statement about the termination of the employment contract at his own request (which means: without the right to any compensation), pressure on it in case of refusal, threatens to dismiss it "under the article", and subsequently collects "compromising" and subsequently Dismisses for a repeated violation of labor duties or for a single gross violation.

2. Dismissal on the article in case of refusal from the proposed conditions. The employer proposes an employee dismissal under the Agreement of the Parties under certain conditions. When the employee does not accept them and is trying to discuss more favorable conditions, the employer threatens to dismiss him "under the article", and subsequently collects "compromising" on it and dismisses under the article for a repeated violation of labor duties or for a single gross violation.

3. Failure to comply with all the obligatory requirements of dismissal. The article on which the employer dismisses the employee does not correspond or not fully corresponds to the real reason for dismissal (for example, under the article on the discrepancy of the position occupied due to insufficient qualifications in the event of non-fulfillment of the sales plan). Or the article is chosen correctly, but not fully met all formal requirements for the dismissal process under this article.

4. Intentional creation of situations for violation by an employee of his duties. The employer provokes employees to commit violations, and then dismisses them at a disciplinary article without compensation. Examples from the past crisis of 2008-2009: technical blocking of skips and mischief of employees to the workplace (followed by dismissal for the program); sending employees on business trips to incorrectly decorated documents (followed by dismissal for rushing); Please sign incorrectly executed financial documents (with subsequent dismissal for financial offenses and due to lost confidence), etc. It is a tough, but economically effective for the company a way to dismiss employees, therefore it is possible that a number of companies can take advantage of them as part of the current crisis.

5. Any threats and pressure. They can also be attributed to illegal practices, even if they remain threats and are not accompanied by practical illegal actions from the employer. "

Mikhail Salkin, Head of the Moscow Human Rights Center, describes four schemes of illegal dismissal of employees. "The first thing that the employer can make is to fix the river," he says. - The worker is in painting from work on an oral or telephone agreement with the boss, sometimes even with SMS. Subsequently, the authorities refuse to refuse his words, it requires explanatory for the course and dismissed according to the appropriate article. The break is the lack of an employee at the workplace of more than 4 hours in a row. On this basis it is difficult to dismiss those who have a non-normalized working day or traveling nature of work. Second scheme - reprimand and dismissal. The employer makes a written reprimand for violation of work discipline. This may be non-fulfillment of the plan, violation of the rules (for example, smoking in the wrong place), late (up to 4 hours). Reprimand is valid for a year. If during this time the employee will break the work discipline again, then the employer has the right to dismiss it. The third scheme is the reduction of the state. Effective way, if most of the salary is paid in the envelope. The official salary can be 12,000 rubles, which the employer will properly pay for 2 months. It is for this period that he must warn about the reduction and subsequently pay two more salaries if the employee does not get a new job. The fourth, which can make an employer, - throw a company and translate all employees to a new company. So do unfair unrigible employers. Even the appeal to the court of an employee for salary or compensation will not be successful, since the company will not be money and assets in the company, and all court fees will be plenty of time. Distinctive signs of such dismissal is a prevention of reorganization, re-registration of part of employees to another company, delays in salary payment. There are no ways to confront such a method. "

Methods of opposition

"If the employer does not have documents in which it is clearly spelled out for what grounds, as regular and however, certain types of remuneration are paid, the employee can easily challenge the injustice of the approach in court," says Natalya Sadykh (Intellectus). - Also, if the same type of payment is performed regularly and the amounts coincide, this type of payment can also be equated to a fixed, that is, the bustling part. "

In cases where the employer manipulates the collected comments and reversals for any reason, it is worth it to bear in mind that any disciplinary impact can be applied within a month from the moment of detection of such a violation. "In mandatory, the employer must first of all obtain an explanation from the employee itself and only then can draw up a disciplinary order with which the employee is obliged to include," clarifies Natalia Sadykh. - The employer is not entitled to demand from the employee of the work, which are not specified in the job description. " In such conflict situations, the expert advises to communicate with the employer in writing to remain documents, they can come in handy in court.

Andrei Nosov and Stas Medvedev (Job Talks project) offer an algorithm of five actions in the event of an employer's illegal actions when dismissal:

"one. Understand what grounds exist for dismissal, as well as the obligations of the employer and their rights for each of the grounds. They are about 10, but only 4 bases are most often used. As our study showed, in 64% of cases, employers resorted to the Agreement of the Parties (Article 78 of the TC), in 21% of cases were offered to leave at their own request (Article 80 of the TC), 8% to the reduction in states (paragraph 2 of Art. 81 TC) and another 4% - for the failure to fulfill labor duties and perfect disorders (pp. 5, 6, Art. 81 TC).

2. Prepare in advance. It is important to explore the obligations of the employer and their rights in the basic situations of dismissal, as well as to develop a negotiation strategy in advance. Thus, if you declare dismissal, you will be ready to defend your interests, leading specific arguments. An employee unprepared or clouded by surprise usually cannot convincingly defend its interests and agree on fair conditions of separation.

3. Turn the "psychological paradigm", become an equal side of the negotiations. As our study showed, in 70% of cases of dismissal, employees did not negotiate with the employer about parting conditions, but simply took them, including a third of this number believed that it was useless to argue with the employer, since the power on his side. Another quarter of respondents took the conditions because the employer threatened them with dismissal under the article. The problem here is in the original psychological installation: usually the employer is considered as an initiator of dismissal, as an attacker, as an organization with all its power, dictating its conditions, and a dismissed employee as a defending side, caught by surprise, as a single, which is forced to take these conditions. Turn this paradigm! From the very beginning, position yourself as an equal side of the negotiations, with its position, with its suggestions and conditions that communicate freely and on equal. Negotiations, including on parting conditions, is a free discussion of two equal parties. When you hired a job, you signed an agreement with the employer, where you and he opposed the parties. Exactly the same equal parties you are in the course of negotiations on the conditions of parting until the employment contract exists and is not officially discontinued.

4. Immediately react to illegal actions of the employer. Often, employers are illegally operating when employees are silent react to such behavior and thus encourage them to act as follows - quietly, shed and unlawed. As soon as the employer begins to make unlawful actions, immediately stop the first step away from the legal field. Pay attention to the employer that he comes illegally, invite it to return to the legal field / to the Agreement of the Parties, and in case disagreement, interrupt negotiations, take a timeout and make an official letter of illegal actions (threats, etc.) addressed to the Director General Companies and heads of personnel.

In most cases, the translation of the question of a quiet hoodie in a public and official plane stops the employer from further illegal steps, and also gives real evidence for further, if necessary, appeal to the court and the winning process.

5. Do not forget about the opportunity to apply to the court. No one wants to go to court - neither a worker nor an employer. Especially the employer, since its possible reputational, organizational and financial expenses are much more expensive. Apply to the employer about your intention to apply to the court, as well as in the labor inspection. If this does not stop him and he will still illegally dismiss you, feel free to contact the court, gathering an evidence base and consulted with a lawyer. Be sure to do this during the month from the date of dismissal. As the reviews of judicial practice on labor disputes show, in most cases illegally dismissed employees are restored at work. "

One of non-standard, but effective ways to counter abbreviations is to obtain the status of a member of the election commission with the right of a decisive voice. As Mikhail Salkin (Moscow Human Rights Center) notes, such a status gives a citizen of specialty, so it cannot be dismissed to reduce states or translated to another work without consent. "To become a member of the election commission, you need to contact any political party and ask you to send you to the election committee," Salkin says. - For the employer, this will be the most problematic worker, in the case of dismissal with him you will have to catch up in good and offer compensation for dismissal. " It is also important to obtain a certified copy of the employment contract, an order of acceptance of work, job descriptions and other instructions that are available in the organization. "According to the Labor Code of the Russian Federation, you are obliged to fulfill the work on which they have agreed, having arranged for it, and all this is written in the official instructions and the employment contract, the expert notes. - Special attention must be paid to the working hours of the employee, the rules of submission, that is, who is directly subordinate to the employee and who can give him instructions or instructions. In the case of suspicious behavior of the employer, it is recommended to get copies of the above documents and on all requests of the employer to respond in writing, leaving a copy of his response with a mark on adoption. If you declare, send by registered mail with a notice of a presentation to the legal address of the employer. "

Few workers remember that with the reduction of regular units by law, the employer is obliged to offer an employee all of his vacancies and only after a written refusal has the right to dismiss him to reduce states. "Sometimes the employers sin the fact that the staff reduces, the employees are dismissed, and then gain new ones. Such actions can be challenged in court, "says Mikhail Salkin. - The court, as a rule, falls on the side of the citizen and takes into account the staffing schedules requested at the employer for the entire disposal period. "

Is it worth resorting to the help of labor inspection? Mikhail Salkin notes that in disputes with the employer, the approach to the employment inspection is the most common mistake. "Expecting a response of the Labor Inspection, the employee misses the deadline for filing a lawsuit. Disagree disputes must be submitted within a month from the moment of receipt of the order about the dismissal or employment record, the lawyer resembles. "On illegal recovery, if the employer wants to dismiss for two violations, it must be submitted within 3 months from the date of receipt of the order for recovery (astipal)."

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The procedure for dismissal on the initiative of the employer is complex, long-term and requires large payments.

To simplify dismissal, the practice of pressure on the employee who needs to be dismissed to leave himself will be distributed. But not all the actions of the employer are coercion for dismissal. If you are forced to quit yourself at your own desire, it is important to know what to do and where to complain.

Coercion to the dismissal - any actions of the employer aimed at ensuring that the employee dismissed on his own initiative.

Key benefits for the employer from the dismissal of the employee for their own desire two:

• Parting will take place much faster.
• No need to pay when dismissal.

We will analyze the main methods that can be pressure from the employer:

1. "The convincing request" is usually, if it is decided to act in this way, the employee reports that he was decided to dismiss, after which they propose to do this on their own desire, convincing that such care would be more pleasant to look in labor.
2. Threats - if requests do not give effect, and the employee agrees to be fired, but does not want to leave "on their own", the employer may begin to fool around, as they call "under the article", that is, to create a negative background when finding the next employer or intentionally Create bad working conditions.
3. Pressure - if the threats do not help, they can begin to be embodied, the employee is created by the unbearable working conditions, the recovery is imposed on it, it is publicly reassured. Sometimes even frank subtoping of documents can be involved, sometimes with the help of other employees, because of which the employee who needs to be dismissed is fined and recovery. Even such that employers are resorting to the face and make employee signature.
4. The threats of physical harm and its application are completely extreme measures, which are nevertheless also not excluded, are the threats to the life and health of the employee and its loved ones, as well as damage to them. In this case, it will be about the crime and the Criminal Code enters into the case.

How to protect yourself from the pressure of the employer?

Often, employees do not understand at all that the employer violates their rights when putting pressure and threatens to dismiss, and submissively write statements, independently depriving themselves the day off. However, it is quite possible to defend from the employer.

Let situations may be different, but there are several tips that can be applied in most of them:

1. Arrange priorities and determine whether the work is worthwhile. If the benefits are not so great to get involved in the fight, it makes sense to actually go without conflict.
2. If the employee decided to fight, then you need to immediately indicate the employer that his actions are illegal, and show that you know your rights, and also clearly voice the position on the failure.
3. Do not allow mistakes. Since the goal is worth to dismiss you before the employer, then your task is not to give him any reasons to do it, to follow all the established rules. If any tasks of the manual seem to be clear or strange, then request writing clarifications regarding them (and it is possible that they will be canceled if the goal was to "substitute" an employee).
4. Being ready for provocations - first of all it is important to acquire a search for witnesses in the event of trouble. Different options are possible, such as being late due to the fact that the employer has changed the meeting time at the last moment - and then it is important that witnesses confirmed that it happened is not the fault of the employee.

It is clear that in any case such actions from the employer interfere with work. Then you need to take your own actions. There are different options for action if you are thus forced to quit yourself at your own request:

• If you work in a large company.
• To seek dismissal with payment of compensation.
• Contact the court by presenting the facts of violations.

Where to turn with a complaint?

Before the trial, you can contact the work inspection, submitting a complaint for coercion to dismissal.

As a result, checking and conversation will be conducted with the employer, which can cool it with dust. In addition, the prosecutor's office may be attracted to the question if disorders are recorded, and then the idea that they should be eliminated. In general, if your conflict with the employer has become really unbearable, do not hesitate to attract the attention of control and supervisory authorities and thereby complicating his life as it complicates your. Also in the Labor Inspectorate can help with the design of the lawsuit, if dismissal of violations has already been held.

What to do if they fired from work?

It is necessary to apply to the court, and this requires evidence of coercion facts.

For evidence, written threats from the employer, voice recorder records, testimony of other employees will be suitable. With poor well-being, allowed to put pressure on an employee, medical certificates are important (in the disassembled case of judicial practice, the link is made to it). Thus, coercion to the dismissal can be proved, but not always it is simple.

Appeal to the Court

The lawsuit in court can be submitted within a month, starting from the day the order of the dismissal or receipt of the employment record. He is not subject to a duty. If the application is signed by the employee himself, it will be more difficult to prove the violation, but still it is possible, then it is necessary to prove that the fact of pressure, coercion of the employee to dismiss the software.

If the wines of the employer will be proved, it will suffer responsibility.

This is usually administrative responsibility in accordance with Article 27.5 of the Administrative Code, that is, a penalty and / or deprivation of the right to hold posts for up to three years with the restoration of the employee and payment of compensation. In some cases, that is, when performing unlawful acts or the use of psychological effects, a criminal case can be opened.

Arbitrage practice

As judicial practice, GR-on S. to PJSC "IDGC of Center". Immediately make a reservation that the case is very voluminous, because we set out in a shortened form, with the full version you can find here.

The plaintiff demanded him to restore him in office, to recover the average salary during the absenteeism, as well as to recover 100 thousand rubles for moral damage.

As indicated in the lawsuit and confirmed by the plaintiff at the meeting, representatives of the employer after listening to the plaintiff's conversation with his wife from May 2, began to demand from him. As a result, the plaintiff took the ambulance. After that, being under the influence of drugs, he wrote a statement, but warned his colleagues that it was not necessary to transmit it. However, then, being in the hospital, found out that it was accepted. May 8 wrote a statement about his recall, but on May 10 received documents on dismissal.

According to the plaintiff, his illness took advantage. He noted that he was not going to dismiss, and in principle could not have a similar intention, because he had two children on his dependency, and his wife was not working. As a result of the dismissal, his health has yet deteriorated.

After studying the materials of the case, the court revealed that there was writing S. statements, as well as the subsequent appeal to his recall. At the enterprise, on the basis of the statement, an order was prepared for dismissal from May 10. The plaintiff from 5 to 18th was treated. So key in the case was the circumstances capable of confirming or refuting that the worker did not express the desire to resign by agreement of the parties. To reveal them, witnesses were caused.

As a result, the court came to the conclusion that the grounds for termination of the contract was not, since the plaintiff did not intend to transfer the statement of dismissal to the boss. Leaving the application on the table, nevertheless he did not say that it should be conveyed, on the contrary, he told several employees about what it should not be done. One witness confirmed it straight, another indirectly.

The court found proved that C. was intended to continue to work in his place, and the arguments of the employer about the achievement of the parties were refuted. The court dismissal was recognized as illegal and the requirements of the plaintiff in terms of recovery in the previous position to be satisfied. The court also decided to recover wages during the forced absenteeism and compensation for moral damage in the amount of 20 thousand rubles.

Dismissal is a rather difficult question. No employer has the right to force the employee to quit. For this, the representative has the right to receive disciplinary responsibility.

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As practice shows, dismissal of coercion is carried out only in the case when the employee has a personal hostility towards the employer or vice versa. Often, the situation is repeated if the employee is suspected of committing any crime, but the fault has not been documented.

Not wanting to receive publicity, the employer forces the employee to quit his own initiative. Some situations allow even quenching the back. Coercion to dismissal is an illegal measure to stop labor relations between the parties. It can be both open coercion and closed.

Open assumes the requirement to apply on its own initiative in a short time.

As practice shows, more and more often the company creates unbearable working conditions so that the person himself left the place of employment. Such a measure is a special concept - mobbing. This is a form of psychological pressure in society. It can be both a horizontal concept and vertical.

The first situation allows you to use the Employer. The company sends other employees to conversations about the offense. If this is a vertical view, the employer directly puts pressure on the knocked out. Perhaps even accompaniment to open provocation. That is, in fact the employer creates unbearable employment conditions.

Labor relations suggest that the employee is more vulnerable under these relationships. That is, in fact, all labor duties, he sells at a specific cost. But this does not assume that the company has the right to not pay benefits and compensation without reason, as well as perform pressure.

The company has the right to motivate the decision to dismiss the reluctance to pay for his work. For example, when eliminating an organization or with reducing current personnel. All the grounds for which the employer has the right to dismiss the employee, is defined in Article 81 of the Labor Code of Russia.

All the bases presented there are not entitled to regard Subjectively. They must be confirmed by the documentary way.

Definitions

Dismissal - The procedure at which the application and the order is issued is accompanied by a full payment of salary and other payments.

Order - This is a document that is based on a statement on your own initiative or an evidence-based basis.

Legislation

Regulate the issue of the following legal acts:

1. article of the Labor Code of Russia;
2. article COAP of Russia;
3. Coercion to dismissal Article TC RF;
4. article of the Criminal Code of Russia.

What ways are forced to dismiss and for what

In case of coercion, it is believed that an employer influences him. It uses various methods for the direction of the employee to writing a statement on its own initiative. It is possible to attract the process of dismissal by mutual agreement and compiling the relevant agreement.

The organization's management is not entitled to make a demand for dismissal if a person has not guessed anything. He has no right to issue an employment record at the same time.

Even if the leadership wants to get rid of an unmarried worker, all actions must comply with the Labor Code of Russia. That is, dismissal is possible with a reduction in the standard position, with a non-compliance of the qualifications and for the gross violation of labor discipline.

In case of inconsistency or liquidation, a person warns about the procedure for 2 months, if it is a walk or a different violation, then for six months. Only after this period of time it is possible to perform an action by dismissal. If this is dismissal to reduce, then in obligatory, the employer undertakes to pay the output manual.

Since not every employer can expect a period, many begin pressure and betrayal of such employees so that they leave the workplace of the previous time.

How to protect yourself

The company receives no little benefit when dismissing an agreement forced. In fact, it allows you to quickly get rid of the employee and not pay any output benefits.

But the labor relationship is not so easy to terminate. All actions must be supported documentably and have grounds for the procedure. In this case, the dismissal procedure will be everywhere different, depending on the specific basis.

What methods affect the employer at the employee:

1. please quit. The manual causes an employee where he is a request and arguments to writing a statement on its own initiative;
2. blackmail. This is not a rare guidance position. This is committed in the form of a requirement to write a statement, otherwise the person will be dismissed under the article;
3. pressure. It is possible to attract penalties and various workouts if he does not write a statement;
4. violation of labor legislation. Here we are talking about deprivation of wages or performing overtime.

Some employers go to the offense at all and substitute current employees.

How to prove coercion to dismissal

From this situation, it is impossible to defend yourself in advance. Some categories of citizens do not even imagine that their rights are constantly violated. And they always obey the threats of the company and go on their own initiative. Accordingly, various premiums and additional benefits are deprived.

A certain advice is impossible to give. Each situation involves an individual approach.

But here are some of them:

1. it is worth correctly making prioritization. That is, each employee must decide for himself how important it is this work. Perhaps the conflict and time spent is not commensurate with current salary;
2. determine the position yourself. That is, if a person has pressure, he can refer to legal acts, thereby pointing to the employer to violate the position;
3. do not allow mistakes. If the current position for a citizen is important, then you should not give reasons for termination of labor relations. Accordingly, it is necessary to follow labor regulations and in writing to request the obtained tasks;
4. provocations. You need to be prepared for the fact that the employer will provoke an employee to use alcoholic beverages, to provide various conditions for being late.

These situations should not withdraw an employee from themselves.

Therefore, it is safe to act:

1. if the organization has other units, it is worth it to another place;

1. do not write a statement on your own initiative. You can always come in the Agreement of the Parties and get compensation;
2. prove your rights in lawsuage in court. But then the employee should have an evidence base of the question.

Initially, it is possible to abandon the writing of the application, referring to the current legal act on coercion - Article 5.27 of the COAP of Russia or Article 145 of the Criminal Code of Russia.

Responsibility of the employer

Many employers turn out to be unpunished in connection with the reluctance of employees to apply to the court.

And there are no few reasons:

1. an employee cannot assemble the entire necessary evidence base. The employer practically always holds all conversations orally, respectively, the employee does not have any evidence. Not rare proof is only a record from a voice recorder. But even now this method has no legal force;
2. it can be attracted to the examination of labor or prosecutor's office. But if their check does not give any result, it is impossible to identify violations;
3. cAUTION To endure the prosecutor's office if the employee is not yet dismissed, but has already appealed to the authorized body. It will not help to defend their rights and even more to minimize the chance of coercion;
4. ignorance of society. Not rarely all employees under pressure write a statement on their own initiative. But they do not know that all rights can be defended in the judicial instance.

It is worthwhile that if a person submits the claim, in addition to the application, it is necessary to provide confirmation facts. Otherwise, all claims can be accepted unreasonable. In accordance with Article, the Civil Procedure Code, the citizen has the right to confirm its position by all evidence, including written threats, witness testimony.