Collective complaint about boorish behavior of an employee in a team

How to draw up a document correctly

The memorandum is created on an A4 sheet of paper or on a special form.

free report against an employee for insulting him at work in word format

In accordance with the requirements of office work, it includes several parts:

• the reasons that forced me to write a report - in this situation this is an unacceptable act of an employee,
• analysis of the offensive statement that occurred,
• conclusions,
• options for resolving the situation.

In some cases, the last part is missing, and instead there are requirements for the production of certain measures. In addition, the note, like other documents, must contain details.

Attention! If this is an internal document, then the following should be noted in the report:

• the name of the structural unit in which the incident occurred,
• document's name,
• date of compilation,
• information about the applicant - full name, position,
• the text of the report itself and the heading “About rudeness in the workplace” or “About insult at work”, here you need to detail the violation committed by the offender and note why it was regarded as an insult,
• signature and transcript.

When submitting a report to a higher authority, you should:

• indicate the name of the recipient's company,
• registration number,
• place of compilation.

When creating a document for external filing, you must use a special form.

If the report cannot be written on one sheet, then all sheets must be numbered in accordance with generally accepted standards in the upper right corner in Arabic numerals.

If it is supplemented by some written evidence in the form of attachments, a list of them should be noted in the text of the note.

Discrimination in labor relations.

What is meant by boorish behavior

Since the Law does not provide for conduct in the workplace, this instruction should be developed at the enterprise, setting out the rules and regulations that employees must comply with. This may be a collective agreement or labor regulations. Before complaining, study these documents and determine for yourself what is truly the norm of behavior and what goes beyond what is permitted.

The following actions can be classified as incorrect (boorish) behavior:

• Offensive and unflattering statements addressed to team members or clients;
• Using profanity in conversation or towards employees;
• Rough communication with subordinates, humiliation in the presence of others or in private;
• obscene gestures towards colleagues and clients of the organization, etc.
• appearing at the workplace under the influence of alcohol or drugs, which entails this behavior

This list can be continued depending on the scope of the organization’s activities and acceptable standards of behavior.

Let us turn to the article of the Law, which clearly states about insult:

Thus, we can conclude that you need to behave with dignity in the workplace. Without humiliating or insulting your colleagues, always comply with the norms and rules of etiquette and local regulations that you sign as a guide . After all, you can always try to resolve a conflict or dispute peacefully . If, of course, the situation cannot be resolved through normal communication and you are forced to use offensive language, you also have the right to write a memo about the other party’s misconduct.

What is meant by insult

An insult is such actions that humiliate the honor and dignity of a person.

The characteristic features of the insult will be the following factors:

• purposeful implementation of insulting attacks,
• offensive actions can be expressed: in the form of obscene expressions, in comparison with representatives of the animal world or objects, in the demonstration of indecent gestures.

Insulting does not always mean using obscene language. Phrases consisting of literary words but having an offensive meaning will also be considered a violation.

The insult can be expressed orally or in writing, through audio or video recording. It is necessary to consider using a specific example what will be recognized as an insult and an administrative offense and what will not.

A man came to the post office to pick up a registered letter. Noticing the large queue, he became indignant, using obscene expressions.

This act cannot be regarded as an insult. If a representative of the stronger sex directed these words to a certain employee of the organization, then this could be considered an insult.

Harassment at work is a type of administrative violation.

Insulting attacks during work activities can be uttered:

• colleague,
• leader,
• by a stranger.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Sample complaint against an employee for rude behavior

It is not always possible to be satisfied with working in a team. Conflict situations and disagreements often arise, which cause discomfort, spoil the mood for the whole day and significantly reduce productivity. This needs to be stopped immediately and effective measures taken. In this case, a complaint against an employee will be the only way out.

The character of an employee and the way he communicates with colleagues is a personal matter for everyone, but as long as it does not contradict the requirements of official documents:

• job descriptions;
• TD;
• local regulations of the organization;
• Law of Russia.

The basic rights and responsibilities of a worker are given in Article 21 of the Labor Code of the Russian Federation. An employee is obliged to:

• conscientiously fulfill the duties assigned to him in accordance with the TD;
• follow the internal labor regulations and discipline.

Art. 189 of the Labor Code of the Russian Federation answers the question of what labor discipline is and provides for mandatory obedience to the rules of conduct for all employees, without exception, enshrined in local regulations of the enterprise, laws, TD, and agreements.

Below we will consider some situations in more detail.

Insult

Insult is understood as undermining social security, publicly humiliating the honor and dignity of an employee. And, as a result, loss of respect from others. It doesn’t matter who insults whom, the law provides for the same punishment for everyone.

Signs of insult are the following factors:

• obscene language, prohibited language directed at a specific person;
• comparisons with representatives of the animal world;
• offensive body movements;
• indecent touching, gestures.

This incorrect behavior can take different forms:

• oral form;
• written form;
• through audio recordings;
• through video files.

If such incidents occur in front of co-workers, this is especially unpleasant and creates uncomfortable working conditions.

Attention: The wording of the violation includes an action that is regulated by local regulations, and the employee is familiar with them, which is recorded by his signature.

The following are considered boorish and unlawful behavior:

• rude and harsh language towards colleagues or clients;
• raising voice and lack of restraint;
• use of profanity to humiliate other citizens;
• assault;
• rude and intrusive behavior;
• threats;
• disrespect for female employees, harassment.

Self-confident and determined people will not leave such cases unattended. And they will transfer the conflict situation to the legal field.

In accordance with federal law, Part 1 of Art. 192 of the Labor Code of the Russian Federation, for intentional failure or improper performance of assigned job duties by an employee, the employer has the right to the following types of disciplinary sanctions:

• verbal reprimand for the first violation;
• reprimand for the first violation;
• dismissal in case of repeated gross violations.

However, employers also use other wording in their practice, issuing warnings, warnings, and severe reprimands to employees, which is unacceptable.

Manipulation is a common way to achieve what you want by controlling other people by creating certain feelings and emotions in them.

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Workers who cannot or do not want to ask directly, are wary of, or do not have the full right to give direct instructions, successfully practice such actions.

Manipulation can pursue the following goals:

• transfer the performance of their duties to another employee;
• escape personal responsibility by burdening another person with work;
• assert oneself;
• find a solution to your psychological problems;
• build relationships in the desired form;
• get more comfortable conditions.

This affects working relationships, creating a nervous atmosphere, conflicts and intrigues, diverting the attention of workers from solving basic work tasks. You need to fight this, read on to find out how to do it.

Important: In accordance with the text of Article 152, Part 1 of the Civil Code of the Russian Federation, a citizen has the right to ask for a public apology from his offender.

Lawyers recommend confronting boors and violators. If you do not want to get involved in legal proceedings or contact the police, then you should write a report to your management.

Very often, a complaint against an employee is the only effective way to rein in a colleague whose actions interfere with the ability of another employee to perform their professional duties well.

We spend a significant part of our lives at our workplace, so staying there should be comfortable. Sometimes conflict situations arise between employees. Many of them are resolved over time, but in some cases the confrontation intensifies so much that one of the employees is forced to quit.

In our country, it is not customary to complain about a colleague, but you should learn to defend your dignity. The right of citizens to file various types of claims is formalized by law.

Transferring the dispute to the legal field, with the help of a qualified lawyer, will allow you to find a civilized solution to the current situation.

Your complaint against an employee can be directed to the company management. If the actions have no result, then you should write to the organizations that supervise the activities of specialized institutions, the labor inspectorate, as well as the prosecutor’s office or the court.

One employee can complain about an employee, or you can file a complaint. By enlisting the help of our lawyer, you can receive a free sample application and assistance in drafting it.

Good relationships with employees in the workplace are the key to success and a strong nervous system of the employee. But, no matter how much one would like such a development of events, not everything goes so smoothly.

It happens that people who work side by side begin to be rude and behave inappropriately towards their colleagues.

Such rudeness must be immediately stopped and measures taken that will serve as a lesson for others, for example, write a complaint.

Not everyone knows how serious consequences a person can expect for his boorish behavior at work. The following types of liability exist:

• civil law. Provides for compensation for moral damages by the offender. Article 152, paragraph 1.7 of the Civil Code of the Russian Federation indicates the right of the injured person to seek protection of his reputation in court. A Art. 152 paragraph 3.7 requires a public apology from the offender. Other articles, for example 150, 151, contain information on monetary compensation for moral damage;
• criminal Provides for criminal punishment for the offender; penalties are specified in Article 130 of the Civil Code of the Russian Federation “Insult”;
• administrative. Regulated by Article 5.61, paragraph 5 and called “Insult”

Example of unacceptable employee behavior

Note! Some individuals confuse slander with insult. These are different things and the penalties for them are also different.

Many citizens are forced to endure rudeness and insults in the workplace. Such situations, unfortunately, happen very often. Some people tolerate this and do not complain anywhere, although this behavior is fundamentally wrong.

But self-confident and courageous people do not want to put up with such behavior of their work colleagues and seek justice by all existing means.

First of all, they are interested in how to write a complaint against an employee who constantly insults other employees.

A complaint about an employee’s rudeness should include the following information:

• name of company;
• details of the offender, including his position;
• day and time of the incident;
• who exactly is to blame for what happened;
• describe all the details;
• set out demands for action;
• signature and date.

Important! All information about what happened should be described in detail, without any kind of slander against the offender. It is necessary to specifically indicate why exactly the actions of the offender were perceived in this way by the complaining person.

Sample complaint about boorish behavior of an employee

What exactly can be regarded as boorish behavior? A standard list of manifestations of unacceptable behavior can be given as follows:

• sexual harassment;
• behavior of a colleague that can be considered defiant (showing unacceptable gestures or provocative clothing);
• constant obscene language that a work colleague uses when communicating with employees or a client;
• rude language addressed to management or colleagues (or obscene statements);
• other employee actions that somehow disrupt the usual work process

These actions can lead to disciplinary liability and add a lot of problems to the guilty person. If a complaint has already been drawn up, then the injured person has several options for further developments:

• take the report to the head of the enterprise;
• submit an application to the prosecutor's office (if the situation is not resolved within the company);
• send the complaint directly to the court.

On a note! If the offender is a work colleague, then you should first take the paper to your boss and explain the essence of what happened.

Next, the director himself must begin proceedings on this matter. He is obliged to call the offender, witnesses to the incident and listen to the arguments of all parties involved.

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After all the manipulations, the offender is punished, if, of course, it was possible to prove the fact of unacceptable behavior.

What ways are there to confirm the fact of unacceptable behavior of a colleague? To answer the question, you can give the following list:

• video recording (for example, cameras on the territory of the enterprise);
• audio recording (the offended person has a voice recorder turned on);
• presence of witnesses among company personnel.

The presence of any of the above evidence will significantly help during proceedings in court or the prosecutor's office. As practice shows, most often, a complaint against an employee does not go further than the director of the enterprise.

And all because the boss tries not to “wash dirty linen in public” and not spoil the reputation of the company.

• People grow up, but unfortunately, often only in terms of age and weight.
• Their behavior is far from reasonable.
• Situations when an employee allows himself to insult his colleagues are not at all rare.
• It is important here, firstly, not to hush up the incident, and secondly, to know how to act correctly.
• You should start with a memo.

Legislative regulation

An insult during work can be inflicted on both a citizen and an official. Various regulations regulate such conflicts.

Insulting an individual is an action that is in the sphere of interpersonal relations, therefore measures of liability are contained in the Code of Administrative Offenses, in Article 5.61. Article 21 of the Constitution protects the honor and dignity of every citizen of Russia.

If the insult is combined with the use of real threats to health or life, then this is already regarded as a criminal offense, and therefore falls under the scope of the Criminal Code.

Insulting a citizen who is in public service is punishable by criminal prosecution. Such cases fall under the Criminal Code.

Watch the video. Memorandum:

Memo about boorish behavior of an employee

Unfortunately, it is not uncommon for an employee to have to write a report against a colleague for his behavior. And there is also a different situation with management, which allows itself to behave boorishly towards employees. In this situation, the employee has every right to complain about his superiors.

Main points of the note:

1. You must write a memorandum addressed to a superior in position

2. It is advisable to state the problem and indicate the name of the employee who allows himself to behave inappropriately.

3. The best way to provide this document is to contact the secretary so that he can record the fact of your application by putting the incoming document number

Important! If a written appeal to your superiors has no effect on the rude person, you have every right to file a complaint in court, but you will have to prove the fact of boorish behavior in your direction.

Effectiveness of the note

A report for offensive actions at the place of work should be submitted if you are confident that you are right and there will be no problems with management and colleagues in the future.

Sometimes it is easier to extinguish a conflict situation at the very beginning than to inflate it to enormous proportions.

What are the goals of such actions?

• improving the performance indicators of the team’s labor (in case of conflict, the level of such an important factor decreases),
• restoration of the organization’s reputation (if its clients witnessed the incident),
• harmonization of the psychological state of the team,
• conflict resolution,
• removal of responsibility from the offended citizen,
• protection of one's own rights.

There are circumstances in which filing a report is not only ineffective, but also lacks the necessary objectivity:

• the victim has a personal dislike for the offender,
• there is no evidence of the incident,
• the conflict is minor and did not have a serious impact on the team,
• the dispute was settled in time.

In other situations, you should definitely contact management with a report against an employee for insult, in order to prevent such a problem from arising in the future.

What to do if your boss yells and humiliates you?

Responsibility of the employee for this behavior

An employee who indulges in this behavior towards staff or clients can usually be subject to disciplinary action or a reprimand.

Important! It is impossible to immediately dismiss an employee for this violation, since it is not a serious violation, but if these facts are repeated, extreme measures can be applied.

These violations can be regarded not only as non-compliance with the Labor Code, but also with the Civil Code, if there is a fact of insult or slander.

Two parties have the right to go to court, the victim and the employees.

If the person who allowed himself to be treated incorrectly in the team holds a leadership position, then the employees can file a lawsuit against the organization itself by collectively signing the claim.

Legal consequences

An administrative offense will entail punishment for insult - a fine.

In accordance with Article 5.61 of the Code of Administrative Offences, the fine for such actions is equal to:

• for individuals – up to 3,000 rubles,
• in relation to officials - up to 30,000 rubles,
• for organizations – up to 100,000 rubles.

In addition, within the framework of collective labor agreements, other measures of liability may be established for violators who have committed insults. This may be deprivation of bonus payments, a corresponding entry in the work book, etc.

Watch the video. What is the difference between reports and memos: