The compulsion to quit is a situation that every modern employee may face. And therefore, it is important to know how to deal with this kind of phenomenon. In fact, everything is not as simple as it seems. Having studied the information below, employees will be able to understand how to behave if the employer inclines them to dismiss. In addition, we will study the usual procedure for leaving work and the reasons why you can break off relations with superiors.
Reasons for the dismissal of employees
The compulsion to dismiss, as already mentioned, is quite common in real life. But can such an act be considered a violation?
To answer this question, you will have to study ways to terminate the employment contract. These include:
- Personal desire of a citizen.
- Employer initiative.
- The agreement of the parties.
This may also include dismissal in connection with the reduction or due to the liquidation of the enterprise. These are not the most common, but practical circumstances.
About the initiative of the chief
The compulsion to quit voluntarily is not included in the list proposed earlier. Therefore, this act is considered illegal.
A few words about the dismissal at the initiative of the authorities. Some believe that coercion is the employer's decision. In fact, this is not so.
By termination of the relationship of the labor type at the request of the authorities include:
- Dismissal due to violations of the employment contract.
- The commission by a subordinate of a crime.
- Inconsistency in age, health or qualifications of the post.
That is, you cannot just fire a person. According to the Labor Code of the Russian Federation, compulsion to dismiss is considered a violation of the law. Of his own free will, a person can leave the place of employment only when this is a purely voluntary decision. Otherwise, the employer can be accused of violating the law and brought to justice. But more on that later.
Routine care leave
To understand why companies are trying to "survive" their employees and lead them to terminate employment contracts on a personal initiative, we consider several ways to leave work. Then it will be clear what is the matter.
Dismissal at the request of the subordinate is as follows:
- A statement is being compiled.
- The employee submits the request to the employer no later than 14 days before leaving work. In exceptional cases - 3 or 1 day in advance.
- The dismissed person goes to work.
- The employer signs a statement and issues an order to terminate the employment relationship.
- In the workbook of the subordinate appropriate entries are made.
- Citizens familiarize on the day of dismissal with an order.
- Issue a checklist, medical and employment books.
- A person receives the money allocated to him. Usually this is payment for unused vacation and funds for hours worked.
- The personal file of the employee is filed and sent to the archive of the company.
That's all. Nothing difficult or incomprehensible! Usually, upon termination of employment at the request of an employee, no one has the right to keep the dismissed person.
Step by step about the initiative of the employer
Why is some enterprises forced to quit voluntarily? This is possible if a person just wants to kick out of work without unnecessary paperwork. Or, when a person for some reason can not be dismissed at the initiative of the employer.
When terminating the employment relationship at the request of the employer, one has to face the following algorithm of actions:
- Gather evidence of one reason or another for dismissal. Often for bosses this becomes a problem.
- Issue an order to terminate the employment relationship.
- To familiarize the dismissed person with the document.
- Carry out a settlement with a subordinate and issue him the required documents.
- Hem a personal file.
- Send employee documents to the archive.
It would seem that problems can arise only at the stage of collecting evidence of the existence of one or another reason for dismissal. But this is not so.
If a person refuses to receive documents, calculations or does not sign a letter of resignation, it is necessary to draw up a separate act for each case. This is an additional burden. Termination of the employment relationship at the request of the employee is a minimum of trouble.
Who can’t be deprived of a workplace
The compulsion to dismiss often occurs when it is necessary to get rid of a specific person, but it is impossible to agree with him (or there is no reason for that). Also socially protected categories of subordinates are trying to force them to leave work - those who cannot just be removed from the company.
These include:
- Pregnant
- Disabled persons (if they have not committed a serious misconduct).
- "Maternity".
- Moms with children under 3 years old.
- Single parents with disabilities or children under 14 years of age.
The listed categories of workers, as a rule, either leave on their own or are removed from the company during the liquidation of the organization. But there are cases when the bosses in every possible way persuade such persons to dismiss.
What is coercion?
This action is noted in the law. The Code of Administrative Offenses and the Criminal Code of the Russian Federation have an article called “Compulsion to dismiss”. That is, this is a rather serious violation. But what act will be considered compulsion?
This is any pressure from the employer on the employee in order to obtain from the latter consent to voluntarily leave work.
Ways of influence
TK does not allow coercion to dismiss in Russia. This, as we have said, is a serious crime.
How can an employer force subordinates to leave work? More commonly used methods are:
- Oral conversations. Usually they are persistent. They can be expressed either in hints or by direct requests to leave the company.
- Threats and blackmail. Potentially dismissed say that he will be expelled from the company "under the article." Or hint at physical violence.
- Forgery of documents. Not everyone can decide on such a step, but it does take place. The employer is able to forge documents indicating the dismissal of their own free will. As an option, falsification of papers evidencing a particular violation is carried out, after which the citizen is kicked out "under the article."
- Psychological pressure. Often, this alignment is expressed by constant refining without cash compensation, lower earnings, loss of bonuses and other incentive incentives, sending on a regular business trip and "bullying" by colleagues.
Why does the employer behave this way? As already mentioned, to get rid of an unwanted employee with a minimum of problems and costs.
A responsibility
It is worth paying attention to the fact that the compulsion to dismiss on their own will (article 5.27 of the Code of Administrative Offenses and 145 of the Criminal Code of the Russian Federation) entails a certain responsibility. It is imposed on the employer if the employee can prove his innocence.
The organization may encounter the following problems:
- Payment of a fine to the state.
- Making payments to the employee.
- Restoration of the victim in the post.
- Compensation for moral damage.
Criminal liability, as a rule, extends only in case of dismissal of those who, according to the law, cannot be expelled simply. Therefore, employers almost never meet with her.
Where to go
Is forced to dismiss? Where do citizens complain?
You can act in different ways. It all depends on the situation.The employee may file a lawsuit or apply to the Labor Inspectorate. The second scenario is more welcome.
The labor inspectorate considers applications filed no later than one month after dismissal. Within 10 days, employees carry out an inspection of the employer, and then send a written opinion with a decision to the injured party.
In court proceedings, the materials attached to the lawsuit are examined, and information is verified. During the meeting, a decision is made.
The details of the lawsuit
Judicial practice forcing dismissal in Russia is not too extensive. There are reasons for this:
- Legal costs are not worth fighting with a former employer.
- It can be very problematic to prove the fact of coercion, as the bosses try to formalize their actions in accordance with the law.
Nevertheless, with proper preparation, you can cope with the task. In Russia, practice shows that declining to leave work is almost impossible to prove. Therefore, going to court is not always effective. It will bear fruit only with the careful preparation and involvement of experienced lawyers.
Evidence of violation of employee rights
How to prove the compulsion to dismiss? We have already emphasized that this is not as easy as it seems. Therefore, you have to prepare in advance for the litigation procedure.
Here are some suggestions that can help you indicate employer compulsion:
- Always have witnesses when communicating with superiors. Their testimony often plays a decisive role in the whole case.
- Fix all negotiations. For example, by conducting video or audio recordings.
- Keep correspondence and mail from superiors, if any.
- All orders and decisions must be copied and kept at home. For example, you should keep a decree on the deprivation of bonuses or on the reduction of salaries.
To prove the fact of the tendency to dismissal is really not as easy as it seems. And modern employers have already learned to act in such a way that it is extremely difficult to blame them for their violations. In order not to waste your health, it might be better not to fight the boss, but to find yourself a more reliable workplace.
Conclusion
We found out what is the compulsion to dismiss. We also managed to get acquainted with the features of one form or another of termination of labor relations between subordinate and employer.
Now each employee will be able to prepare in advance for court hearings and prove that he was fired illegally. This is done, as a rule, for the compensation of non-pecuniary damage, as well as to restore justice.
Usually, employees dismissed illegally refuse to be reinstated. After all, working in the company after all the courts is impossible.
In real life, the compulsion to terminate an employment contract often goes unpunished. It’s easier for people to leave work without the hassle and articles in the work book than to go to various instances just for the sake of restoring justice.