An employee can serve as an accidental catalyst for the accumulated negative emotions of an opponent or be subjected to regular insults from superiors or colleagues. In the second case, the provoking factors are the personal characteristics of the victim. Ignoring the situation leads to a dead end and, if it cannot be resolved peacefully, it is necessary to resort to radical measures.
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:
- 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.
- 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.
- 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.
- 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.
Thank you in advance
If your boss's outbursts are related to you personally, then sending a thank you email in advance can neutralize his attacks. As Carolyn O'Hara3 recommends, “If you see the boss getting close to getting nervous, send him a message that you really appreciate his help in this particular matter.” This will soften him up and show you appreciate his efforts.
Nancy Rothbard suggests using the practice of “strategic apologies.” Its essence is that you offer a sincere apology for contacting your boss at the wrong time or admit your own small mistakes. "This can defuse the situation and shows that you understand the boss's difficult situation," says Nancy Rothbard.
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.
The elements of the offense regulated by Art. 5.61 Code of Administrative Offenses
Qualification of an action as an unlawful act is possible if all its components are present.
An object
The violation affects public relations and the constitutional right to protection of honor and dignity (Part 1 of Article 21 and Part 1 of Article 23 of the Constitution).
Victim
The legislation defines options for what to do in defense if the boss yells and humiliates. Victims under Art. 5.61 of the Code of Administrative Offences, only an individual who has the ability for self-analysis and is aware of his social position can be recognized. That is, unflattering statements addressed to a baby, a mentally ill person or a deceased person will not be considered an insult. Legal entities, communities and collectives also cannot be the injured party.
Objective side
Please note:
To sue for personal insult, you need to collect evidence in the form of witness statements, letters, voice recordings, and so on. We will tell you more about this at the end of the article.
Insult is expressed by obscene statements or actions that are specifically directed towards a specific person. Swearing that has no addressee is not an insult. It can be in oral, written or tactile form. The fairness of an unflattering review does not affect the fact of a violation.
We are talking about damage caused to the “honor” and “dignity” of the victim. Honor refers to a person’s position in society, his reputation. Dignity determines the assessment of personal qualities and adherence to certain principles. The final interpretation of these concepts is ambiguous and is left to the personal perception of the judge. As an aid, he can use forensic linguistic examination.
Don't take it personally
When a boss known for frequent angry outbursts starts yelling at you, the most constructive thing you can do is not take the rudeness personally. Mood swings are usually associated with more global problems. The fact is that, most likely, it is not you who personally irritate the boss, but the subject of the conversation itself that provokes these outbursts.
In such a situation, it is really important, although sometimes very difficult, to understand and determine the origins of the boss’s behavior. Of course, you can say that your boss is an idiot or a moron, but it will not bring relief. Try to look at the situation from above, without getting involved in it, without reacting to screams. Maybe this conversation follows a standard scenario that can be changed?
By the way, sometimes it is useful to listen to what exactly the boss says, and not to the tone in which he says it.
And remember: screaming is always a manifestation of a person’s weakness and helplessness. There is a very wise expression: “A person’s cry is a cry for help.” In other words, if a person raises his voice, he feels insecure and weak in some matter.
This means that it is in your interests to understand the reasons for the screaming. Once you do this, it will be easy to neutralize your boss's rude behavior in the future.
Options for offensive actions
Derogatory actions can be expressed:
- statements composed in literary form, but carrying a clear offensive meaning;
- comparison with an inanimate object or animal;
- obscene language;
- grimacing or offensive gestures;
- spitting, slapping, obscene touching of the victim’s body;
- tearing off the victim's clothes;
- coercion to commit humiliating acts.
Subject
If your boss humiliates you at work, you must resort to Article 5.61 of the Administrative Code. A sane person aged 16 years or older is liable for the violation. According to Part 3 of Art. 5.61 of the Code of Administrative Offenses, a special subject is involved - an organization or official responsible for the release of a public work containing offensive statements.
Please note that public insult differs from slander in that insult may involve the disclosure of information that does not contradict reality.
Subjective side
The offender carries out illegal actions with the direct intent to humiliate the victim, realizing their antisocial nature.
End of the offense
The insult is considered completed after the perpetrator has uttered obscenities, posted them on social networks, or committed other illegal actions. The onset (or absence) of consequences, public reaction to the crime and the attitude of others towards the victim do not affect the fact of a violation.
Indirect methods of influence
It is not always possible to resolve a conflict through ordinary conversation. Yes, competent speech plays an important role, but nonverbal techniques make it possible to get the upper hand over the situation.
To properly influence your boss, it is recommended:
Reception. Don't use a smile.
In a stressful situation, smiling is of no use and will only make the situation worse. Women often use a sweet smile in an attempt to assuage guilt before their boss. However, you should be serious and adequately assess the situation. A smile is especially dangerous with an “actor”, “sadist” or “dictator” boss.
Reception. Gaze control.
It is necessary to maintain eye contact, showing strength of character. If you can't look straight into the eyes, you can look at the nose. Under no circumstances should you lower your eyes. This is an indicator of weakness. Then the boss will understand that he has won and will begin to humiliate him even more harshly.
Reception. Gestures.
The nervous state is manifested in body movements. The boss will immediately notice nervous nodding of the head, shaking hands, nervous gestures, etc. All this shows fear and self-doubt.
Reception. Rack.
You should stand straight, without leaning on anything.
Reception. No crossbreeding.
You can’t cross your legs or arms in an attempt to block out negativity.
Reception. We are not getting better.
You should not try to straighten your hair, dry your clothes, etc.
Reception. We don't cover our faces.
Hands should not be on your face.
Reception. Nod.
A single nod is sufficient to express agreement.
Reception. Correct speech.
Use competent and clear speech.
Reception. Let's not hang out.
Answer the questions asked.
Reception. Cloth.
Appearance also plays an important role in the relationship between bosses and employees. A well-groomed business suit allows you to create distance. This practice is used in large organizations where all employees are required to wear business attire.
What threatens the accused under Art. 5.61 Code of Administrative Offenses
Art. 5.61 of the Code of Administrative Offenses contains three points.
Paragraph 1
An illegal act is punishable by a fine in the amount of:
- 1000–3000 rub. for individuals;
- 10,000–30,000 rub. for officials;
- 50,000–100,000 rub. for organizations.
Point 2
For defamatory statements posted in the media and other publicly accessible sources, a fine is imposed in the amount of:
- 3000–5000 rub. for FL;
- 30,000–50,000 rub. for persons holding administrative positions;
- 100,000–500,000 rub. for YUL.
Point 3
Those guilty of connivance leading to the release of offensive expressions into public domain are punishable by a fine of:
- 10,000–30,000 rub. for officials;
- 30,000–50,000 rub. for legal entities.
Read more about the concept of insult to personality under the Criminal Code of the Russian Federation, the Civil Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation - read on our website https://lexconsult.online/5863-chto-takoe-oskorblenie-po-koap-rf-administrativnoe-ugolovnoe-nakazanie-za-nego
How to bring the offender to justice
If you are humiliated at work, what to do, Art. 5.61 Code of Administrative Offences. The victim can contact:
- To your superiors if the insult came from a colleague.
- To the labor inspectorate, if the manager intends to bring the subordinate to dismissal.
- To the prosecutor's office, since this violation is within its jurisdiction (Article 28.4 of the Administrative Code).
- To the magistrate's court at the defendant's place of residence with a statement of claim to recover compensation from him for moral damage.
Drawing up a complaint
Resolving the issue of insulting citizens in Russian conditions is very problematic. Every day, millions of citizens insult each other at work. We must admit that this phenomenon has become part of the life of Russians. This problem is clearly expressed in the boss-subordinate pair. Even if some companies have special corporate communication codes enshrined in employment contracts, citizens do not feel fully protected.
A person often does not have the opportunity to defend himself from an offender, especially if the offender is his boss. But this does not mean that you should give up and do nothing.
An insult statement is drawn up in compliance with certain rules.
A workplace harassment complaint must contain the following information:
- date and place of the offense;
- specific culprit;
- a detailed description of his actions;
- petition for punishment of the perpetrator.
It is necessary to detail all the actions of the culprit. It is necessary to justify why his actions are understood as an insult.
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:
- Applicant's passport details, place of work.
- Date and time of the insult.
- Violator details.
- 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.
- Names of witnesses to the incident.
- A request to bring the perpetrator to justice.
What is considered an insult and humiliation of honor and dignity - see the video below:
Evidence material
Any accusation requires objective confirmation, which may include:
- Eyewitness testimony.
- Data from CCTV cameras.
- 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.
