“Adult” bullying: what to do if you are harassed at work

Features of the crime

Articles 94 and 101 of the Labor Code of the Russian Federation, employees are required to comply with ethical standards of communication. The Constitution of the Russian Federation prohibits insults based on religion, nationality and other characteristics of a person.

For ordinary insult, administrative liability is provided under Article 5.61 of the Code of Administrative Offences, and for insulting a representative of the authorities and law enforcement agencies - criminal punishment.

Regardless of the status of the offender, these legal norms apply to him. But disciplinary measures can additionally be applied to officials.

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.

What is considered harassment in the workplace?

Personal insult in the workplace is expressed in humiliation of his honor and dignity, which negatively affects a person’s career. In practice, insult may include:

• Obscene language.
• Inappropriate gestures.
• Distributing information on the Internet or sending it by email.

Such online publications are classified as slander and humiliation.

Real-life situations of workplace harassment often require expert judgment because the abuse is not always clear-cut.

What does a manager have the right to?

If a boss yells and insults at work, the reason may be the misconduct of a subordinate. All actions that a manager can take are prescribed in the Labor Code of the Russian Federation. He has the right to:

• comment;
• rebuke;
• dismissal for good reason.

For example, an employee may be fired due to immoral misconduct, loss of trust, etc. Before applying a penalty, the employer must obtain an explanation from the subordinate. Whether to give it or not is the employee’s right.

A sanction can be applied to an employee no later than six months from the date of the offense, and based on the results of an audit and inspection - no later than two years. This period does not include the employee’s illness, his vacation, or criminal proceedings against him. The penalty is imposed only once for one offense. It must be justified by order.

Note!

An employer has no right to insult an employee either personally or in front of colleagues. The Labor Code of the Russian Federation does not provide for this.

Next, we’ll look at step-by-step instructions and explain what to do if your boss yells and humiliates you.

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Concept and legal characteristics

Article 5.61 of the Code of Administrative Offenses punishes humiliation of dignity in general, without division into those committed in the workplace or outside it. Circumstances that indicate humiliation are considered:

• Intentionally offensive statements that affect the dignity and honor of a person.
• Actions and words that have an obscene form.
• Presence of a specific addressee.

If the abuse is not directed at a specific person, then it will not be possible to prosecute for it under this article.

Judicial practice under the article for insult in the workplace includes the use of:

• Expressions using obscenities.
• Comparisons with animals and plants.
• Unwanted touching.
• Obscene gestures.
• Damaging or tearing off the victim's clothing.

Insulting superior employees is punished in the same way as inferior ones.

Evidence material

Any accusation requires objective confirmation, which may include:

1. Eyewitness testimony.
2. Data from CCTV cameras.
3. Recording from a voice recorder turned on during the incident. Depending on the sound quality, you may be able to attach a transcript.

The investigation period should not exceed 1 month. 2 months are allotted for the consideration of the case. The court decision can be appealed within 10 days after the decision is issued.

Any questions you may have can be asked in the comments to the article.

Article 5.61 of the Code of Administrative Offenses of the Russian Federation

Within the framework of this rule of law, three elements of crime are defined:

• The general elements of the crime involve verbal humiliation of a person. The fact of the statement must be proven with the help of witness testimony, video or audio recording.
• Public insult. This crime arises when insults are expressed in the presence of two or more witnesses or when they are published in the media.
• A passive crime consists of the boss’s inaction when insulting his employees.

Without evidence, it is impossible to bring the offender to justice. Evidence is considered to be testimony or documents that record the fact of the statement and its content.

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.

Types of insult

The legislation distinguishes between two types of personal insults – general and public. In practice, it is worth noting additional aspects:

• Violations by colleagues.
• Insults committed by management.
• Humiliating statements on behalf of strangers (clients, customers, etc.).

In some cases, obscene words are not used when insulting. The statement is in the format of a literary speech, but at the same time it harms the reputation and dignity of a person. In this case, he can also be held accountable.

What to write in the application

Statement of insult to honor and dignity at work

The content of the complaint does not go beyond standard samples and includes:

1. Applicant's passport details, place of work.
2. Date and time of the insult.
3. Violator details.
4. Description of illegal actions, their form and expression. To substantiate the claims, it is better to explain what the offensive nature of the statements is.
5. Names of witnesses to the incident.
6. A request to bring the perpetrator to justice.

What is considered an insult and humiliation of honor and dignity - see the video below:

Rules on this issue

The inadmissibility of violating human rights and humiliating his honor and dignity is specified in the following legislative acts:

• In Article 21 of the Constitution of the Russian Federation.
• The Labor Code, which states that everyone is required to follow ethical standards.
• The Criminal Code of the Russian Federation, if we are talking about insulting a government official.
• Article 5.61 of the Code of Administrative Offenses of the Russian Federation.

The Code of Administrative Offenses is used most often when the dignity of one or more people is humiliated.

Submitting an application

Most organizations establish a set of rules for polite employee relations at the level of employment contracts and other documents. Cases of violation of these rules may be the subject of discussion with the heads of institutions.

However, when the incident cannot be resolved by the management of the enterprise, the intervention of law enforcement officers is necessary. The provisions of the Code of Administrative Offenses contain Article 28.4, which states: the prosecution of cases under Article 5.61 is carried out by the prosecutor. Experienced lawyers also advise drawing up a statement addressed to the prosecutor's office.

Citizens have the right to file a claim directly in court. In this case, it is necessary to prepare the evidence base of the case in advance, that is, to find witnesses who are ready to testify directly in court.

In circumstances where the culprit of the incident is the boss, it is difficult to rely on the testimony of employees. Then you will have to prove your case yourself, for example, using recordings from office video cameras.

Verbal abuse can be confirmed by a high-quality voice recorder recording. When transmitting this evidence to the court, a written transcript of the recording is required (not required if the playback quality is excellent).

Procedure

To bring the offender to justice and receive compensation for moral damage from him, you need to:

• Collect evidence. They are considered to be witness testimony, audio, video recordings of conversations (including from CCTV cameras), as well as screenshots of publications and correspondence on social networks and Internet sites.
• Draw up a complaint or memo addressed to management, describing the essence of what happened and indicating the details of the offender.
• Contact the prosecutor's office with the collected evidence, submit a report to your superiors or the trade union, and also file a claim for compensation for moral damage in court.

To contact the trade union and management, a memo is enough, but you will have to file a claim in court, drawn up in accordance with the requirements of the Code of Civil Procedure of the Russian Federation.

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How to file a complaint?

The complaint is drawn up in free form, indicating standard information about the applicant, but in addition you need to indicate:

• The exact time and date of the insult in the workplace. If the action was repeated several times, it is worth indicating each episode.
• Details of the offender.
• Fully describe the essence of what was said, conveying the words of the offender as accurately as possible.
• Ask for him to be held accountable.

When filing a claim in court, you need to evaluate the actions and words of the defendant, giving arguments confirming that they were offensive.

Where should I submit it?

Most large organizations enforce ethical requirements. Therefore, you can always file a complaint with management due to insults from other employees.

A statement of claim is filed with the court if one wishes to recover compensation for moral damage. Such cases are considered within the framework of the Civil Code of the Russian Federation.

To be held accountable under the Code of Administrative Offenses of the Russian Federation, you should submit an application to the prosecutor's office. It must be taken into account that without evidence, complaints will be refused. Therefore, if the fact of insult is not documented, it is necessary to attract witnesses who can prove what happened.

Sample

The claim to the court is drawn up in free form; it is enough to comply with the basic requirements for filing statements of claim. The complaint in the form of a memorandum must correspond to the sample below.

Dedicated to those who like to swear at employees...

Good afternoon, dear colleagues.

I will quote you a message from a user on the Rostrud website, and there I also saw that Rostrud responded to this. The situation is quite ambiguous in the sense that employers have their own truth, and employees have theirs. I'm wondering what you have to say to this?

So, a person works for some guy, earns some money, and he writes a letter to Rostrud of the following nature: “I caught a bad cold and got sick. I was unable to go to work, so I notified management and asked to replace myself. The management refused to replace him because there was no one to replace him. I went to the clinic and opened a sick leave sheet, which I reported to my manager via WhatsApp message. To which the manager gave me three letters, which caused me moral harm. I have saved the correspondence. Can I file a complaint against the manager and what liability does the manager face for insulting an employee? Can I get compensation? How will an organization be punished for insulting an employee?”

Rostrud responds to this request with the following: “Yes, you can. For insulting a person, a person may be subject to administrative liability in the form of a fine.” We open with you Part 1 of Art. 5.61 of the Code of Administrative Offenses of the Russian Federation , it is written here: “...insult, that is, humiliation of the honor and dignity of another person, expressed in an indecent form, entails the imposition of an administrative fine on citizens in the amount of one thousand to three thousand rubles; for officials - from ten thousand to thirty thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.”

Further, Rostrud tells him that if the employer’s insults caused you moral harm, then you have the right to demand compensation from him. In case of refusal, compensation can be recovered through the court. Also attached to the Rostrud website is the corresponding regulatory framework: “...according to Art. 151 of the Civil Code of the Russian Federation , if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm. When determining the amount of compensation for moral damage, the court takes into account the degree of guilt of the offender and other circumstances worthy of attention. The court must also take into account the degree of physical and moral suffering associated with the individual characteristics of the citizen who suffered harm.”

In general, this was the question and this was the answer. You know, I'd like you to have your say in the comments. Because situations are different. Of course, in this particular case the employer is wrong. The person is really sick and cannot work. He called and warned. If the employee was really sick and couldn’t get up, then the employer is definitely wrong.

You will say: no, the employer is not right at all, because you cannot swear at your employees. You know, I’ll tell you this: there are different situations. I can give my own examples: I once had a meat wholesale business, which had a complete production chain. It was in July, the heat was 40 degrees, the trucks were standing, loading was in progress. And those employees who were supposed to load are sitting and smoking. Here everything is already flowing, defrosting begins, because if your meat was frozen, then you defrosted it, and froze it again - that’s it, throw it in the trash or sell it for three kopecks. I’m walking around there, lost: “Guys, let’s load, what are you doing? On street 40 in the shade...” My brother, who was responsible for all these things, came up and said to me: “Go, mind your own business. I’ll talk myself now.” Then the conversation was simply in “folk Russian.” And he explained everything in human terms. Since then, the loaders at this plant have worked properly and did not show off. And yes, they were paid for it. And they paid well.

Therefore, I don’t even know what to do here: on the one hand, I simply have to attack this employer and say: “You bastard, how dare you despise a person, your employee, and so on.” On the other hand, I don’t know what the employer’s situation was, I don’t know what kind of relationship they had between the employee and the employer. I don’t know how many times he was sick or how badly.

Quite an interesting situation. But what you should know for sure, gentlemen, employers, are a few extremely simple things: you don’t need to humiliate your employees by making commitments and getting personal; you can call out the work they did poorly, but don’t get too personal. This is not good and such a person will not work well for you after this. On the other hand, if you do these things from the point of view of enlivening the situation, giving that person a boost of spirit, I don't think you'll have a problem. We are all humans. And in this case, employees will understand that you care about the matter.

But there is a third side to the coin, so to speak. If one of your employees does not understand that in this way you give him good spirits and create a driving, good mood for work, then he can complain about you to law enforcement agencies. Because these sanctions - 30 thousand rubles per director and 100 thousand rubles per organization - are imposed through law enforcement agencies. Plus, he can go to court for moral compensation. In this case, the court will take into account the degree of physical and moral suffering associated with the individual characteristics of the victim. The court will take into account the degree of guilt of the offender, as well as other circumstances worthy of attention.

So here we have these three things that often contradict each other. On the one hand, yes, from the point of view of culture, customs, and rules, you should never swear at employees, on the other hand, this is often the only incentive. Not for everyone, of course. Well, the third side is when there are quite heavy fines for swearing.

Question for you: how acceptable do you think this is? How do you motivate your employees? Does it happen that you awaken them by using “Russian folk swear language”? Sound off in the comments below. This is a rather interesting situation.

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Punishment for harassment in the workplace

Depending on the type of insult, the position of the victim and the internal documents of the organization, different types of punishment may be applied:

Disciplinary liability is applied only if the organization has a code of ethics, which employees are introduced to upon signature. Verbal notices of such rules have no effect.

The punishment must always be proportionate to the crime, otherwise it will be challenged in court.

Civil responsibility

Liability under the Civil Code may arise even in the absence of obscene expressions in the words of the offender. In this case, the following liability applies:

• Personal or public apology.
• Compensation for material and moral damage.
• Compensation for moral damage should not exceed 50,000 rubles.

Civil liability arises on the basis of a court decision.

Administrative responsibility

If you insult a person in the workplace in an obscene manner, the perpetrator will be held accountable under the Code of Administrative Offenses of the Russian Federation. The following are used as punishment:

• A fine of 1-50 thousand rubles.
• Administrative arrest for up to 15 days.
• Both sanctions at the same time.

The combination of a fine and arrest is rarely used; usually one type of punishment is chosen.

Criminal penalty

The classification of insult in the workplace under the article of the Criminal Code of the Russian Federation occurs when what is said contains a threat to human life or health. For this they can:

• Arrest (including sentence to house arrest) for a year.
• Imprisoned for 3-7 years.

The punishment must correspond to the gravity of the crime. In addition to criminal liability, the victim has the right to demand compensation for moral damage.

Is it possible to hold the offender accountable?

The violator can be brought to administrative and disciplinary liability. It is possible to make a penalty at work if the internal labor regulations establish an obligation for employees to comply with the ethics of corporate relations. The management needs to approve the rules by order of the organization, and the personnel officer must familiarize all employees with the rules against signature.

Important! Disciplinary punishment should not be more severe than the offense itself. In another situation, the employee has the right to appeal the penalty through the court. The algorithm for holding people accountable is established in Article 193 of the Labor Code.

How can you protect yourself from insults?

To protect your honor and dignity, it is important not to break the law. You cannot respond to an insult with the same obscene insult. It is necessary to act correctly and neutrally, within the framework of the law.

The collection of evidence is based on recording all insults using available technical means. This will be the basis for filing a complaint or legal action.

After recording the fact of insult in the workplace and collecting evidence, you need to notify the organization’s management about this in writing.

In addition to filing a complaint (memo), you can simultaneously go to court for compensation for moral damage.

If the offender is a manager, then you must complain immediately to the Labor Inspectorate or the Prosecutor's Office.

Measures of influence on the offender

Based on the above, it becomes clear that there are several measures of influence:

• Memo to management.
• Application to regulatory organizations.
• Lawsuit.

Without evidence, it will not be possible to attract the offender using these measures. Therefore, it is necessary to carefully collect all evidence of what happened.

The memorandum, complaint or claim must be copied and a copy saved in order to use it if necessary to further protect your rights in higher authorities.