Insult in the workplace: article of the Labor Code of the Russian Federation, what to do, sample complaint

Working in a government agency with ordinary citizens, I sometimes had to deal with insults directed at me from disgruntled visitors. Some of them vented on me not only their dissatisfaction with the work of the government agency, but also went directly to insulting my personality. But the law provides for human responsibility for this action. And in this article I will tell you what is considered an insult and what responsibility is provided for it.

Features of the crime

According to labor legislation, in particular articles 101 of the Labor Code of the Russian Federation, all persons in the workplace have obligations in the form of communication within the framework of ethical standards of a corporate, professional, and social nature.
Also, the inadmissibility of insults in the form of humiliation of human dignity, regardless of his nation, faith and other characteristics, is prescribed by the Constitution of the Russian Federation.

Important! Insulting a government official, such as a police officer, is subject to criminal law. In the usual version, the Code of Administrative Offenses is used (Article 5.61).

Any person who is higher or lower in the service hierarchy, as well as an outsider, can offend in the workplace. Identical measures will be applied to everyone in the same cases. The exception is officials, who also have an internal option for disciplinary sanctions, up to and including dismissal.

What is considered harassment in the workplace?

The humiliation of honor and dignity is considered an insult when a person is at work. Such an incident can negatively affect your credibility and career. The humiliation option can be different:

using obscene language towards another person;
offensive gestures;
using the Internet or email to disseminate offensive information.

In the latter case, slander and ordinary humiliation are classified.

In judicial practice there are various proceedings in which the insult is not clear-cut. In such cases, all language norms are analyzed.

Concept and legal characteristics

According to Article 5.61 of the Code of Administrative Offences, humiliation of honor is considered as a whole, that is, there is no focus on the official environment. Each option has certain characteristics of the legal type. List of circumstances that indicate an attempt at humiliation:

the honor or dignity of an employee is deliberately humiliated;
actions and words are obscene;
there is a specific addressee.

In the latter case, it is worth considering that standard abuse, not addressed to a specific person, is not a specified offense, that is, it is impossible to bring such a citizen to justice under Article 5.61.

According to judicial practice, a violation is:

expression with elements of obscenity or obscene content;
comparative forms, for example, with an animal or plant;
cynical or unwanted touching;
obscene gestures;
any movement that results in the victim's clothing being torn off or damaged.

The main point is the mandatory compliance with all norms by any persons, including strangers. It is also necessary to take into account that an offense against an employee who has a higher position has the same forms of punishment as humiliation of the dignity of persons who are lower in the service hierarchy.

Read also: What passengers are entitled to for a flight delay

Article 5.61 of the Administrative Code

Article 5.61 of the Code of Administrative Offenses is a specially created regulatory framework that regulates the liability of offensive actions of any nature. There are three elements of crime:

in the form of general means the humiliation of one person by another verbally. To prove this, you will need to have a number of evidence or video and audio materials;
publicity is expressed in public form. A crime can become public if there are two or more people nearby at the time the offense is committed. The same option includes the use of media;
passive crime is the absence of action or inaction of persons in violation of this nature. An example would be the inaction of a manager when his subordinate or subordinates are humiliated.

Most often, the corpus delicti specified in the normative act requires the presence of an evidence base. It turns out that if there is no evidence, then it is impossible to attract a person who violates the rights of another person, since the fact of violation has not been proven.

Types of insult

According to the legislative framework, crime has two types, general or public. But in relation to work, there are various types of violations that manifest themselves in practice:

violation by a colleague or colleagues;
violation by management;
violation by an outside party, such as a customer or client.

The fact itself may even be neutral, that is, the humiliation of a person will be carried out using literary speech and veiling. But even in this case, the person who violated the rights of another citizen may be held accountable.

Rules on this issue

The regulatory framework, which provides for the inadmissibility of violating the rights of a citizen, which is associated with humiliation of his honor and dignity, is expressed in several rules. They are spelled out in the following acts:

Constitution of the Russian Federation (21 articles);
Labor Code of the Russian Federation (indicating the need to form correct relationships using all ethical standards);
Criminal Code (if the addressee is a representative of the authorities, for example, law enforcement agencies);
Article 5.61 of the Administrative Code.

Important! When the honor of one or more persons is humiliated, the main legal act is the Code of Administrative Offenses.

Why you can’t help but react to the rudeness of your subordinates

If an employee is so outraged that he begins to be rude to the manager, it is useless to convince him not to do this, to appeal to his conscience and corporate ethics. But I will tell you how I calmed down one boor , and how dramatically his behavior changed.

And what do “armchair theorists” offer us from management, who have never held leadership positions in their lives, but have filled the entire Internet with their advice? How do they propose to deal with the rudeness of subordinates?

They offer to laugh it off and train your wit, they offer to memorize tables with possible answers to the boorish antics of your subordinates.

But there is one “but”, if you spend the whole day looking for witty phrases on the Internet (don’t forget that your subordinates are also sitting there, and are also looking for ways to better piss you off ), then you will not have time for your direct responsibilities, which threatens you with a thrashing from your management.

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I propose to eliminate the very reason for rudeness, namely, that they consider you a “weak individual” , and consider it possible to take away your resources, namely the most irreplaceable resource - your time.

This happens because they read your non-verbal signals of fear and uncertainty , and that is why they allow themselves to behave in a boorish manner.

What to do if a subordinate sent you 3 letters? >>>

And if you surf the Internet every time, you will leave less and less time for yourself and your family. Not to mention the fact that by hushing up the problem, burying your head in the sand, you thereby humiliate yourself, despise yourself, and consider yourself unworthy of respect from other people.

But you need to love and respect yourself, because you are alone, and never allow “animal people” to treat you inappropriately.

Moreover, this program of disrespect for yourself will be passed on to your children, that is, they will also allow themselves to be treated in a similar way. Children unconsciously copy the behavioral patterns of their parents.

A very good example of the animal behavior of people of a lower degree of awareness is shown in the film “Dogville” with Nicole Kidman in the title role. She's young and very beautiful, I recommend it to everyone, and the finale is awesome.

The behavior of such people is also shown in the film “Fool” directed by Yuri Bykov. Look what they did to the main character who tried to save them.

To stop the rudeness of employees, I propose to arrange a demonstrative execution, and the more stressful the experience for your subordinates, the stronger the conditioned reflex that

You can’t be rude to a manager, it will hurt.

It’s almost like if a child once put his hand into boiling water, then the next time no force will force him to do it.

Likewise, your subordinate, just the thought of being rude to his manager, should paralyze his breathing.

At the same time, you shouldn’t feel sorry for them; the more unemotional you behave, the better. Naturally, if during this “execution” you yourself shake with fear and uncertainty, then the effect may be the opposite. So first solve your problems with confidence and self-esteem . How to quickly do this is written here.

In short, you need to demonstrate strength. Since I started giving examples from cinema, watch another film: “Leviathan” directed by Andrei Zvyagintsev. Monologue: 1 hour 13 minutes, this film is on YouTube.

“Show strength” - this is what the bishop advises the confused mayor, who is being blackmailed and who is afraid of this compromising evidence:

“Where there is power, there is strength. If you are the authority in your area of responsibility, resolve local issues yourself. With your strength. And don’t look for protection on the side. Otherwise the enemy will think that you are weak.”

Attention! Just don’t be imbued with hatred towards rude employees. It is unlikely that they consciously do evil. I think they are driven by animal instincts and dominate their behavior.

It's like being angry at a small child if he gets you dirty. He simply hasn’t matured enough to understand how he can behave and how he can’t.

You just need to explain to him in an “animal” language that he is wrong, that’s all. An example below in the text.

If you “rebuild” such an employee, you will only benefit him, because he is in complete “unconsciousness”, and from you he may receive that very “kick” that will lead him to insight, and he will finally think about his life, for what and why he lives.

An example of unconscious behavior is the actions of the Nazis during World War II, when they burned millions of people in crematorium ovens, they did not realize what they were doing.

Procedure

If the honor or dignity of the individual is humiliated, the offender can be brought to administrative or criminal liability, as well as receive compensation for moral damage. Procedure:

collection of evidence that will confirm the fact of insult. Audio or video files and witness statements are used as evidence. If there is information posted on social networks or the Internet, as well as sent by mail, scans of the specified pages will be required. If the violation occurred in a room with a security camera, you can take a video recording. It will be attached to the case file;
drawing up a complaint or report indicating the date of the incident, as well as all data, including personal information about the offender;
appealing to the court for compensation for moral damage, to the prosecutor's office for prosecution, or submitting a memo to senior management, if any, or to the trade union.

Important! To contact the trade union or the boss, a memo is sufficient. When applying to the court, a claim form must be completed according to the standard, and when applying to the authorities, it is necessary to fill out the application correctly.

How to file a complaint?

The standard version of the application is used as a complaint. But in addition, you need to specify several mandatory points:

the time frame of the offense, including the exact time and date. In case of systematic violations, it will also be necessary to indicate all recorded facts;
details of the offender, that is, the official is indicated, as well as his personal information;
the fact itself is written down. Fact means full disclosure of actions;
request for accountability.

When going to court, a standard claim form is used. It is also important to fully evaluate the person's actions and provide specific facts about why their words or actions were offensive.

Where should I submit it?

Most organizations have a number of ethics rules, which allows you to file complaints with senior management when moral harm is caused by other employees, including those higher in position. Another two options are the courts; in particular, a lawsuit is filed if it is necessary to recover damages caused by insult.

According to the Code of Administrative Offenses, it is advisable to immediately make an appeal to the prosecutor's office.

Important! Together with the complaint, a full package of evidence is submitted, which can be expressed in any form. This is necessary for further consideration of the case. Without an evidence base, a citizen may be refused due to the lack of a confirmed fact.

If there is no evidence in the form of audio or video recordings, then it is mandatory to provide written testimony of witnesses, who may later be summoned to court.

Sample

A memorandum and a complaint to the court for consideration of a civil case are standard. The complaint is drawn up according to a special template.

Sample:

Sample report for an employee

How to behave with a boss who is a despot

So, what can be advised to those who consider themselves a victim of a tyrant boss? Take nine practical recommendations into account.

Get ready for provocations. A tyrant is often considered a strong person, and he will try to test your strength. So don't be afraid of him, tyrants love resistance!

Show real results. Authoritarian people tend to adhere to the principle of “divide and conquer”: competition (and even squabbles) between employees, in their opinion, are a breeding ground for new ideas and solutions.

It’s better not to participate in discord, but just try to do your job well.

Even ill-wishers are able to evaluate real results.

Stay calm, try not to react to screams and negativity. Even though this may be difficult for people new to the company, resist attempts to manipulate you.

Defend your position, remember, first of all, you are a professional. Don't try to compete with your boss by trying to figure out which of you is more experienced. He is your customer, you have no need for such disputes.

Stay open to dialogue. Emphasizing your value as an expert, argue your point of view, offer options, but show that you are ready for an open and constructive dialogue.

Fix agreements. Following the meeting, it is better to briefly talk or write down the agreements reached with the manager: “So, now we have come to such and such a decision... We agreed on such and such.” The boss may simply forget about the course of the discussion; in such cases, his subordinates also often classify him as a tyrant.

Keep your finger on the pulse. Try to meet regularly and discuss key aspects of your work with your manager. Then there will be fewer uncontrollable situations.

Do not flatter your boss - a despot. Such tricks usually don’t work well—managers are sensitive to deception.

Develop emotional intelligence . This will help build constructive relationships, influence the emerging system of interactions, and understand what is behind certain “whims” of the manager.

Punishment for harassment in the workplace

There are several punishment options.
Disciplinary action is imposed only if the organization has special ethics rules, which all employees must be familiar with. Important! Familiarization takes place against signature. Oral actions have no force.

A disciplinary sanction must be proportionate to the act, that is, it is impossible to fire an employee for an obscene joke, since such dismissal is appealed in accordance with the norms of the Labor Code of the Russian Federation.

Differences in punishment may occur for violators from different categories, for example, such a person may be an outsider, an official, or an organization. In all cases, the size of the punishment and its severity will directly depend on the category of the person and the nature of the violation.

Civil responsibility

Civil liability may arise for statements made without obscene expression or action.

The civil law procedure provides for the following options:

making a personal or public apology;
compensation for material and moral damage;
moral damage cannot exceed 50,000 rubles.

Responsibility comes only after the corresponding decision of the court to which the victim applied.

Administrative responsibility

If there are obscene forms, administrative measures are taken. Punishment options:

fine from 1000-50000 rubles;
administrative arrest with a maximum period of 15 days;
joint use of sanctions.

The latter option is rarely used, that is, only arrest or only a fine is applied as punishment.

Criminal penalty

Criminal punishment is used when there are threats to life and health. Sanctions in this case may be different:

domestic arrest or detention with a maximum period of one year;
imprisonment for 3-7 years.

Criminal liability can be expressed in two punishments, but they are imposed only in accordance with the severity of the consequences.

Important! If there is criminal liability, the victim has the right to additionally apply to the court to receive compensation.

Legal term

By insult, different citizens can understand completely different words and actions. But the legislation has given a strict definition of this action so that in the future it does not cause controversy over it. Insult means any words and actions that are aimed at humiliating human honor and dignity. When determining an action under this definition, the presence of the following factors is taken into account:

intentionally committing acts of an offensive nature;
the action itself may have a strictly established form.

A message aimed at insulting a person can be in the form of:

obscene words addressed to the person being insulted;
comparison of a person with objects or animals;
demonstration of gestures that are generally considered indecent.

It is important to know that obscene language does not necessarily have to be expressed; literary speech that carries an obscene meaning can also be considered an offense.

The insult itself can be presented in written or verbal form, and it can also be captured on video or photo.

For example, I had a case when a citizen came to the government office where I worked and saw a long line. This circumstance angered him so much that he began to use profanity against all employees. After his turn came, he turned to me to receive government services. Its registration takes about 10 minutes and therefore the indignant man moved on to personal insults towards me.

In examining this case, the client’s profanity, not directed at anyone in particular, could not be regarded as an insult. But when he started addressing me personally, it already became an insult to my honor.

Situations often occur when, during the work process, employees themselves commit such offenses towards each other. Insult can be caused:

boss;
another employee;
by a stranger.

And all this is also subject to administrative punishment, regardless of the position held by the person.

How can you protect yourself from insults?

The main rule is the absence of retaliatory actions of an illegal nature, that is, you cannot insult in response. All actions and words must be completely neutral and competent. Only in this case can one be held accountable.

The protection against further abuse is a complaint that is filed correctly and has the necessary confirmation. The damage that has been caused is recovered in the standard manner through the courts. Protecting your dignity consists of several actions:

recording the fact I am in any accessible form;
notifications to the manager in writing;
collection of evidence and evidence;
contacting the required authority.

This is standard procedure, except in cases where management is involved in the incident. In this case, the appeal is made immediately to the labor inspectorate and the prosecutor's office.

In case of incidents in the workplace, an internal inspection is always carried out, which is announced by both management and the labor inspectorate. To prove that you are right, you must have all the evidence on hand, for example, printed screenshots from an Internet resource, certified by a notary.

Legislation

During the performance of work duties, an insult can be directed towards a government representative or an ordinary individual. These situations are regulated by various legislative acts.

When an individual is insulted, this is considered a manifestation of interpersonal relationships that are regulated by the Code of Administrative Offences. But if this insult still contains real threats aimed at the life and health of a citizen, then such an action will already fall under the articles of the Criminal Code.

If the insult was brought to a person who was performing public duties, then this case will also fall within the scope of the Criminal Code. You can learn more about this from the video presented.

Measures of influence on the offender

The sanctions vary depending on various factors, such as the position of the offender or the nature of the insult. Full list:

civil action;
complaint to regulatory authorities;
memo to management.

In each specific case, the procedure is standard, that is, you will need to collect a full package of evidence.

Important! When drawing up a complaint or memorandum, it is necessary to make a duplicate. You will also need to fully record all information about the incident.

Enforcement measures can be applied both within the organization itself and with the help of special bodies, for example, the judicial system or the prosecutor's office. If the violation was examined within the organization itself, after which a disciplinary sanction was imposed on the violator, then it is possible to attract him with the help of other authorities as additional measures.

Statement

Using the example of a memo, I will tell you how to write a statement. A note is the simplest option, as it allows you to sort things out within the organization without involving outsiders. By analogy, it is necessary to draw up a complaint to the Prosecutor's Office or a lawsuit to the court. The procedure will be the same. The document must be drawn up in two copies. It can be submitted in written or printed form.

The order of compilation will be as follows:

Fill out the header of the document . We write the position of the manager and his full name. For inspectors and judicial authorities, we indicate their full name. And the employee’s position is registered only in cases where you send the document to a specific person for consideration.
We indicate your data . You need to enter your full name and position, passport and registration information here so that you are not confused with your namesake in the company.
In the middle of the sheet we write the name of the document . Please note that there is no period at the end of the title.
We write down the essence of the statement . Here you need to briefly state when and under what circumstances a certain person insulted you. You will also need to provide information about the offender (his full name, position and other known information). It is necessary to state the very essence of the insult. List the witnesses and their details, if they were present. Make references to other evidence you have.
We indicate the list of documents or evidence that you attach to the application.
We sign the document and set the date.

After this, the completed document must be sent to the addressee. This can be done in several ways:

Deliver in person . In this case, you must put a stamp on the second document with the date of receipt. From this day the countdown will begin, during which they will have to understand the situation and provide a written response.
Submit using a representative . Then he will have to have a power of attorney to carry out these actions. The essence of accepting documents will be similar to the first case.
Send by mail . In this case, be sure to order a delivery receipt. You can also make an inventory of documents, where all the included papers will be described in detail. The countdown will begin from the moment the letter is sent.

After receiving your application, you must receive a written response within 30 days indicating that your case has been scheduled for review.