We all work. Typically, eight hours five days a week. That is about a third of life. Naturally, we are extremely painful in perceiving the delay in wages, quibbling of bosses, and dismissal. What to do? On how to avoid conflict situations at work and will be discussed.
In terms of importance, work occupies the second place in our life after the family. Naturally, we perceive problems at work almost as sharply as a child's illness or divorce. At home we try every day to make sure of possible troubles - we prepare a delicious dinner for our husband, we dress the child warmly ... But when we get a job, we usually forget to "lay straws". And as a result, often suffer from the tyranny of the authorities, feeling their powerlessness in front of the corporate machine. To try to maximize "secure" their working life is necessary even when they arrive at the next post.
EMPLOYMENT CONTRACT
With each employee, any organization must conclude a written employment contract in which the salary and position will be indicated. Keep in mind: some staff members are sure that the title of each position must necessarily correspond to the qualification directory of positions of managers, specialists and other employees and the existing Unified Tariff and Qualification Handbook of Work and Occupations of Workers. In fact, this is not so. Many modern specialties, such as a manager, are not available in such reference books, since these books were compiled in the 1970s. So, as a rule, the title of posts is strictly not according to the directory.
The employment contract must be unlimited - the conclusion of a contract for a certain period is possible only if the situation is specified in art. 59 of the Labor Code of the Russian Federation (for example, seasonal work, or work abroad, or the performance of duties of an absent employee). If you have a fixed-term contract with you, if you leave the contract, the time limit will help you prove in court that the employer has violated the labor legislation. Moreover, a fixed-term employment contract can be recognized indefinite even without a trial - on the basis of the conclusion of the labor inspection, to which you have the right to apply.
Often employers offer hired employees first to conclude a civil law contract. This is done in order to simplify the procedure for dismissal, if the employee does not pass the probationary period. Such an offer is illegal, it must be tried to avoid. If you perform a labor function, i.e. obey the rules of internal labor regulations and systematic control by management, then it is an employment relationship, not a civil law (in this case, the court will unconditionally take your side).
The job description must be accompanied by a job description. With it you are required to acquaint you at work with a signature and hand out a copy. By signing the instruction, you undertake to observe it, otherwise you can not avoid conflict situations. Thus, you simultaneously deprive the employer of the opportunity to demand from you any work beyond the specified amount and apply disciplinary sanctions to you in case of your refusal. Without such an instruction, the employer can punish you only for violating labor discipline, committing embezzlement or disclosing confidential information.
If you need any documents to fulfill the job description, the employer is obliged to provide them. For example, if you are an accountant, ask the boss to subscribe to a specialized newspaper, establish a legal basis, etc.
FULL RESPONSIBILITY
Some employers insist on concluding contracts on full liability with employees on the pretext that they can be given values for a report or they are assigned certain property (phones, computers) for them. It is illegal. The agreement on full individual liability for the shortage of entrusted property can be concluded only with a person who has reached the age of 18, and if the values are transferred to him for storage, processing, sale (release), transportation or use in the production process. And even if his position is listed in the list approved by the Government of the Russian Federation (storekeepers, cashiers, sellers, etc.). That is, it is impossible to conclude an agreement on liability, for example, with cleaners, watchmen. So, if you are offered to sign such a paper, check if your post is listed. If not, feel free to refuse - to punish you for this is not allowed.
The employer must keep a record of the use of working time. Without it, it is impossible to apply disciplinary punishment to an employee who is late or leaves the workplace without authorization. Disciplinary punishments must be imposed in the manner prescribed by Art. 193 of the LC RF. And before the disciplinary action from you must necessarily demand explanations about the violation. So, if you want to be dismissed, for example, for repeated failure to perform duties, and no penalties have been imposed on you and no explanatory notes exist - safely go to court and defend your rights.
IF YOU LOST
You can dismiss an employee only for one of the grounds provided by the Labor Code, and nothing else. Dismissal without explaining the reasons is illegal, since the labor book and the order must be substantiated, that is, a specific article of the TC. If there is no indication of an article, the court will immediately restore you at work. If you want to be sacked because of the commission of the guilty actions, you must be required to give written explanations before issuing the order, and in the order of dismissal there should be a reference to your explanations. Otherwise, the court will have grounds to accuse the employer of violating the dismissal procedure and accordingly reinstate you in the post. If you really did something at work that could serve as a reason for your dismissal, you can ask the employer to give you the opportunity to resign at will. You can do it now or in a few months - after you find a new place of work, and while making a vacation at your own expense. As a rule, employers meet such requests.
If the employer wants to fire you, but you are not guilty of anything and there are no grounds for dismissal, he can insist (often with threats) that you write a letter of resignation on your own. In this case, in court, you can argue that you were forced to write a statement. The absence of such coercion is usually required by the employer. Keep in mind: if you decide to quit on your own, and then change your mind, you have the right to withdraw your application at any time within two weeks from the date it was filed.
WAGE
The TC establishes that the employee has the right to timely payment of wages in full, and the employer is obliged to pay it in the terms established by the TC, the rules of the internal labor schedule and the employment contract. Salary is a remuneration for work, compensation payments (surcharges and allowances, for example, for working in conditions deviating from the norms) and incentive payments (for example, bonuses).
Salary payments must be made in cash in rubles. Under an employment contract, payment can be made in other forms that do not contradict the law. But the share paid in a non-monetary form can not exceed 20% of the monthly salary. Payment of wages in coupons, in the form of debt obligations, receipts is not allowed. The employer is obliged to notify each employee in writing about the components of wages, the amounts and the bases of all deductions. By law, wages should be paid at least every fortnight, although in practice many organizations violate this rule. If the day of wages falls on weekends or holidays, then payments should be made on the eve, and payment of leave is not later than three days before it starts. Unfortunately, it often happens that all these rules remain on paper, but in fact people do not get their money for months. And even the main way to solve this problem - to go to court - helps only if the salary is "white" and the employer has money. If he declares himself bankrupt, then no court will help in solving such conflict situations.
The law establishes that if the employer violates the terms of the salary, the payment of the leave, the payment upon dismissal, the employer is obliged to pay them with interest for each day of delay. That is, ideally, if there is a delay, you can go to court with a claim for the payment of the money you put. The court will take a decision and issue a writ of execution. However, in practice it is always fraught with deteriorating relations with the employer, and working in this organization will become, to put it mildly, much less pleasant. That is, going to court is a solution to the problem only for those employees who do not want to work more in this organization.
By law, you can suspend work for more than 15 days, notifying the employer in writing, to suspend work for the entire period until the payment of the arrested amount,
But with this measure, too, there will be no deterioration in relations with the authorities.
If any of your wages are withheld from your debts to the employer or other legitimate reasons, in any case, the money given to you must be at least 50% of the salary due (except for some cases like maintenance payments, when the amount of withholding may be to reach 70%). When you leave, you must pay all debts to your employer.
In general, read the Labor Code and remember your rights. However, remember: the conflict with the employer in 99% of cases leads to a change of place of work. But, perhaps, it is not so scary and bad, as it sometimes seems to us.
IF YOUR CHEF IS NON-CORRECTED
What can be done? First, decide whether you are willing to spend energy, nerves and time to fundamentally change the situation, or prefer to change jobs. If you still want to avoid this - conflict situations at work can be completely resolved. Use these tips.
• Stay confident, try not to impress the person who is in a desperate situation.
• Do not resort to threats and ultimatums: "If you do not stop screaming, I will not do it at all!"
• Think about what can make a boss change his mind. However, avoid direct disagreement with it.
• Turn the attack against you into an attack on the problem. Note: "You do not understand production!" you can fend off: "What aspect of the problem do you think I did not take into account?"
• Clearly define for yourself which issues are worth fighting for, and for which - no. Sometimes the costs of reassuring a strong person are disproportionately large.