How to get rid of a careless employee. Useless employees. How to get rid of them? Employee demotivation may be the result of an unhealthy atmosphere in the team.

Hello!
Such an article in Labor Code No. For this situation, clause 5, part 1, article 81 of the Labor Code of the Russian Federation is more or less applicable - “repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction.” But even that is only indirect. To do this, firstly, it is highly desirable that either in the employment contract, or in the employee’s job description, or in the employer’s local acts (internal labor regulations, code of ethics or other internal documents with which the employee is familiarized with signature) there is as much as possible the employee’s obligation to maintain a healthy moral and psychological climate in the team, to prevent conflict situations with employees, etc., etc. is established in more detail.
Secondly, it is necessary that such facts of the employee’s behavior be properly recorded in writing. These can be reports from employees, or (even more optimally) reports on inappropriate behavior between an employee and colleagues drawn up in the presence of disinterested witnesses. Thirdly, the employer must have sufficient, properly recorded evidence that such behavior by the conflicting employee actually interferes with other employees’ ability to perform their job duties.
At the same time, before making a decision on disciplinary action, in order to comply with the requirements of Article 193 of the Labor Code of the Russian Federation, a written explanation will need to be taken from the employee. Next, issue a reprimand or reprimand and wait for the employee’s reaction, incl. the expiration of the period provided for the employee to appeal the penalty. If it is not appealed, then if the employee’s behavior is repeated, take an explanation from him again and then dismiss him under clause 5, part 1, article 81 of the Labor Code of the Russian Federation.
However, doing the above is extremely risky for the employer. There is a high probability that the employee will appeal such dismissal in court and prove his innocence, incl. arguing that the dismissal was not due to his business qualities, but to a biased attitude towards him on the part of the employer and a number of colleagues due to personal hostility. Moreover, as you yourself indicated, he performs his main job duties properly. After reinstatement, there is a high probability that this employee will become even more conflicted.
In such situations, it is more effective to use the procedure of staff reduction and dismissal, albeit expensive for the employer, under clause 2, part 1, article 81 of the Labor Code of the Russian Federation, with careful observance of all procedural aspects.
The most optimal, in my opinion, solution in this situation, which is certainly difficult for the employer, still lies not in the legal plane, but in the moral and psychological one. Try to declare a collective boycott on the employee: complete ignorance. Often such employees are energy vampires, and, once they are “ignored,” they leave the team.
Good luck!

An employee who constantly ridicules more timid colleagues, discussing the private life of management or colleagues, feels great in the team. The same cannot be said about other representatives of the company and especially about the manager of this employee. Such people are said to have an “evil tongue.” Is it worth fighting “evil tongues” in a team, why and by what methods? These are the topics of our article.

“Evil tongues” - harmful or good for business?

In the article, we will understand by “evil tongues” actions and expressions taken by individual members of the team in relation to others, aimed at their unfounded and unconstructive criticism, discussion of their qualities and lifestyle, entailing negative consequences for the psychological atmosphere in the team.

The harmful effects of “evil tongues” can manifest themselves in different ways. For example:

frequent occurrence of feelings of resentment among employees at whom caustic remarks were directed;
manifestation of antagonism between team members;
destruction of a cohesive work team;
spontaneous formation of unplanned and unapproved competitive qualities in individual team members;
reluctance to work in an environment where there are slanderous employees, and, as a result, increased staff turnover;
the disappearance of such company-accepted phenomena as mutual assistance, assistance and mentoring.

All of these consequences that occurred as a result of the appearance of “evil tongues” in the team indicate an unhealthy situation in the organization, which negatively affects both the work process and its result. How can we combat this phenomenon and can it be eradicated altogether?

To combat “evil tongues” there are two groups of measures: psychological and legal.

Psychological countermeasures

public censure of the behavior of employees who spread gossip;
sharp suppression of intrigues in the team;
the slanderers fell from grace with the management;
ignoring the merits of an employee with an “evil tongue”;
lack of offers from management for career advancement or additional education;
increased attention to the quality of performance of official duties of the gossiper, etc.

However, as practice shows, these measures do not lead to success in eradicating the phenomenon of “evil tongues” in a team without the use of legal methods of struggle.

Legal methods of struggle

The concept of legal methods of struggle includes all types of disciplinary measures provided for in Art. 192 Labor Code of the Russian Federation. This is a reprimand, reprimand and dismissal. And here the question arises: is it possible to punish an employee for spreading gossip and inciting intrigue? After all, this cannot be considered a violation of discipline! Let's figure out how legal measures can be used to combat this phenomenon.

To learn how to establish a smoking ban and dress code rules, read the article “Dress code and smoking ban: we establish and punish for violation” in magazine No. 6’ 2012

We announce a remark

Employers need to remember that a reprimand can be declared if the following components are present in combination:

The organization must adopt and approve, in accordance with labor legislation, a Regulation on Ethics or a Code of Corporate Ethics, which directly provides for the relevant responsibilities of the employee, for example:
- be polite to company clients and colleagues;
- do not allow humiliation of honor and dignity when communicating with them;
- not to commit actions that could provoke a scandal or non-competitive struggle within the team;
- always evaluate and guide your behavior in order to maintain the company’s image and a favorable psychological environment in the team;
- avoid conflicts among colleagues on non-work issues;
- When solving a controversial problem related to disagreements at work, use only methods acceptable in the company: negotiations, written correspondence, discussion at a conference.
The job description and employment contract must reflect the employee’s obligation to comply with the employer’s local regulations. Direct references can be made to the Ethics Regulations and other acts, or a general indication only of the obligation to comply with all local acts, whatever they may be, can be left.
The employee must be familiarized with the Regulations on Ethics (other local acts stipulating the style and boundaries of employee behavior) and the job description under his personal signature.
Cases of insulting colleagues or inciting a scandal in the workplace or spreading gossip must be recorded in accordance with the requirements of the Labor Code of the Russian Federation. For example, an act. This document must describe in detail the behavior of the slanderer, from which the investigation commission will be able to conclude that he violated discipline (official duties and requirements of local regulations).
The actions of the perpetrator were stopped, there were no negative consequences for the situation in the team or the external image of the company, the violation was insignificant. In this case, the employer can choose a penalty in the form of a reprimand that is adequate to the violation.
To apply punishment in the form of a remark, the usual procedure for bringing to disciplinary liability is carried out, provided for in Art. 193 Labor Code of the Russian Federation.

For your information

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Keep in mind that the court, when considering disputes about penalties for interpersonal conflicts in a team, may begin to be guided by the position of the European Court, according to which holding the applicant accountable and disciplinary action for expressing a critical opinion is equivalent to.

We reprimand

A reprimand can be issued under the same conditions as a reprimand. However, an unsightly act must have more significant consequences for the employer, for example, a scandal, a fight in the office, the dismissal of a good specialist, dissatisfaction with a client or his complaints. Thus, for the adequacy of the application of a more severe punishment in the form of a reprimand, the following is necessary:

Malicious behavior (not the first time he has been punished for “evil language”).
Lack of awareness of the wrongness and unethicality of one’s behavior.
The employee making insults against colleagues and clients, rather than just making caustic but completely harmless remarks.
Negative consequences of an action. Moreover, in this case, the employer should establish a cause-and-effect relationship between the employee’s statements and the negative consequences that occurred.
Not only generally accepted norms of morality and behavior must be violated, but also the norms of the employer’s local regulations (Code of Corporate Ethics, for example), i.e. the employee’s violation of discipline must be documented (similar to the previous paragraph).

Bringing an employee to disciplinary liability is carried out in the same manner as when announcing a reprimand (i.e. in accordance with Article 193 of the Labor Code of the Russian Federation). It must be remembered that the employee will most likely decide to challenge the order of punishment, especially if it was announced for such an “incomprehensible” violation of discipline such as spreading gossip, starting a scandal, or interpersonal conflicts in the team, and will (or may lead) to dismissal in the future. And the court does not always recognize that the employer is right, both on formal grounds (failure to comply with the procedure for bringing to disciplinary liability, for example), and in essence, without finding a violation of norms of conduct in the employee’s actions.

Arbitrage practice

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The plaintiff appealed to the court with a demand to recognize the order to impose disciplinary liability issued by the employer, the Ministry of Internal Affairs, as unfounded and illegal. This order reprimanded her with the wording “for violating the requirements of Art. 2 of the Code of Professional Ethics for Employees of the Internal Affairs Bodies of the Russian Federation, approved by Order of the Ministry of Internal Affairs of Russia dated December 24, 2008 No. 1138, regarding non-compliance with the principles, norms and rules of conduct established by the Code, which is the moral duty of every employee of the internal affairs bodies, regardless of their position; violation of the requirements of paragraph 4 of Art. 15 of the said Code, causing harm to the moral and psychological climate in the team, including: discussion of orders, decisions and actions of senior superiors, implemented within the limits of their authority; spreading rumors, gossip and other unverified information of a dubious nature and misleading the leadership of the Ministry of Internal Affairs for the Karachay-Cherkess Republic.” The plaintiff did not agree with the order; she believed that she had not committed any actions that led to a violation of the requirements of the Code of Professional Ethics for Internal Affairs Officers.

The court, having studied the materials of the official audit underlying the order, found that they did not lead to an unambiguous conclusion about the cause-and-effect relationship between the actions of the plaintiff and the state of the moral and psychological climate in the team. The facts of discussion of orders, decisions and actions of senior commanders, the spread of gossip were not recorded by the audit, and the parties did not present any other evidence of this to the court. Based on the provisions of the Code, it follows that not any violation, including a formal violation of ethical standards, can entail disciplinary liability of a police officer, but only a disciplinary offense associated with a violation of professional ethical principles and norms. In this case, no such circumstances were established, including in the conclusion of the internal audit. Based on the foregoing, the court came to the conclusion that the conclusion of the internal audit was unfounded and illegal. The court satisfied the employee’s demands, recognizing both the reprimand order itself and the conclusion of the internal audit, which served as the basis for disciplinary action, as illegal and unfounded (decision of the Cherkessk City Court of the Karachay-Cherkess Republic dated March 22, 2011 in case 2-634/2011).

As you can see, a legally significant circumstance for punishing an employee is the fact that the employee’s actions constitute a disciplinary offense (see the determination of the Constitutional Court of the Russian Federation dated February 25, 2010 No. 377-О-О).

Let's fire

Let us note right away: it is impossible to fire an employee for slander and gossip, even if he has repeatedly made unethical statements. After all, there is no such basis in the Labor Code of the Russian Federation. The only basis that is most suitable in meaning is provided for in paragraph 8 of Part 1 of Art. 81 of the Labor Code of the Russian Federation - the commission by an employee performing educational functions of an immoral offense that is incompatible with the continuation of this work. However, it cannot be applied to employees who do not perform educational functions. In addition, the immorality of gossip and caustic statements still needs to be proven. Don't forget about quite short term(Part 5 of Article 81 of the Labor Code of the Russian Federation). How then to part with an employee who constantly makes tactlessness towards colleagues and does not respond to verbal comments from management and officially announced punishments?

It is sad, but in most cases the employer has to go the long way: to issue reprimands and reprimands for each case of violation of discipline, expressed both in violation of the norms of the Code of Corporate Ethics and in other violations. The goal is to collect several orders of punishment during the year and apply the next violation of such grounds for dismissal as clause 5 of Part 1 of Art. 81 Labor Code of the Russian Federation - repeated failure by an employee to perform job duties without good reason, if the employee has a disciplinary sanction. But such a basis can be used, as a rule, in relation to a malicious offender.

And what basis can be applied to an employee who makes sharp statements in a soft and veiled form, as a result of which they cannot be classified as a violation of local regulations, for example, the Ethics Regulations? And in the case when he does not commit other violations of discipline (for example, tardiness and absenteeism)? To part with such a “slippery” employee who has a “bad language”, two grounds can be used:

at the initiative of the employer;
by agreement of the parties.

At the initiative of the employer

If it is impossible to continue working with the slanderer in a team, then any of the grounds provided for in Part 1 of Art. 81 of the Labor Code of the Russian Federation (with the exception of clause 1, part 1, article 81 of the Labor Code of the Russian Federation, if, of course, the organization continues to operate). But when using them, you should always evaluate both the actual possibility of using the base and the risks of negative consequences.

Thus, dismissal under clause 2, part 1, art. 81 Labor Code of the Russian Federation - to reduce numbers or staff. However, when using it, we must not forget that:

the reduction must be real, not imaginary;
the dismissed employee should not have advantages over others, i.e. the requirements of Art. 179 Labor Code of the Russian Federation;
a gossip does not fall into one of the categories specified in Art. 261 of the Labor Code of the Russian Federation, in respect of which there is a ban on dismissal at the initiative of the employer;
an employee cannot be dismissed at the initiative of the employer during the period of vacation and temporary disability (Part 6 of Article 81 of the Labor Code of the Russian Federation).

You can fire an employee, including single gross violation of labor duties by an employee(any of the grounds provided for in clause 6, part 1, article 81 of the Labor Code of the Russian Federation). If, of course, the employer manages to “catch” the slanderer in a one-time gross violation. For example, on an employee’s birthday, catch him drinking alcohol or being intoxicated at work. Which, in general, will not be difficult, since drinking alcohol in the workplace is often unofficially permitted. As you can see, the key word here is informal. Yes, such actions by the employer may seem ugly, but a reason will be found to part with the violator of the working climate in the team. In relation to employees who do not heed repeated comments from management, such methods are also good.

By agreement of the parties

Employers, taught by the bitter experience of long litigation with employees dismissed on controversial grounds, often prefer to come to an agreement and fire the slanderers under clause 3, part 1, art. 77 Labor Code of the Russian Federation ( By at will ) or according to clause 1, part 1, art. 77 Labor Code of the Russian Federation ( by agreement of the parties). The main thing that is required in this case is the manager’s ability to competently negotiate, avoiding offense on the part of the employee, but ultimately achieving his goal. Agree, this is a rare skill. Not every HR manager or ordinary HR worker can do this. However, by studying the relevant literature and certain experience, this is achievable.

Example 1

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To part with an ambitious employee who shows disloyalty to colleagues, but does not commit violations of discipline or failure to complete management tasks, you can use the following conversation scenario.

Part 1. Positive assessment of the employee’s business qualities. Example of wording: “I, as a manager, see your efforts and appreciate the success that you achieved in completing my last task. It was difficult, but very important for the company. You did a great job with it!”

Part 2. Notes in the work. Example of wording: “But at the same time, one cannot help but notice that when you appeared in the team, a certain tension and silence arose, and the initiative of the employees sharply decreased. Moreover, staff turnover has increased with unclear justifications for the need for voluntary dismissal. When completing your last task, you were unable to correctly distribute the workload and responsibility among the personnel entrusted to you. Because of which many went unnoticed, many will not receive bonuses at the end of the year.”

Part 3. Unjustified expectations. Example of wording: “When we hired you, our ultimate goal was to develop the head of the department/sector, which we briefly talked about during the interview. However, we also voiced the qualities that we expect from such a leader. It was not only about the business qualities that we really found in you, but also about personal qualities head of a large department/sector: the ability to establish contact with each subordinate, correctly distribute tasks between employees depending on the level of qualifications and speed of work. However, we still haven’t seen these qualities in you. You are a leader, but instead of building a strong team, you act alone, remaining not the center, but somewhere parallel to the team. You can even feel the negative atmosphere in the team. Considering that we have clear parameters for a leader, we are forced to admit that we were unable to raise such a leader from you. Of course, the position you occupy also has weight, and you are quite happy with the leadership in it. But we cannot offer you more. How much you need a place with no prospects for career growth is up to you to decide. Although, on the other hand, what is keeping you in this place without any prospects?”

Part 4. Proposal to break up. As a rule, it is at this point that the employee understands the employer’s hidden desire to leave. If an employee directly asks the question: “Do you want me to leave?”, it is important to answer loyally. For example: “We didn’t say this, but we think it would be the right decision.”

Part 5. Solution. It is not always that an employee with an “evil tongue” decides to leave of his own free will. In this case, all is not lost for a peaceful separation from him. If the employer has material resources, he may well offer the employee to part ways by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation) with payment of compensation (usually no more than 2-3 salaries).

As practice shows, dismissal precisely for unethicality and outrageousness is still possible.

Example 2

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The media heatedly discussed the dismissal of the presenters of the Mayak radio station, V. Kolosova and A. Veselkin, whose employment contracts were terminated due to an on-air discussion in a mocking tone of the symptoms of a serious illness, often leading to death in childhood. A scandalous incident occurred in October last year, when the program “Sores” aired as part of the morning show, in which the hosts discussed the problems of cystic fibrosis with a guest doctor. During the conversation, the presenters ridiculed the symptoms of the disease, and one got the complete impression that they were out of their minds, the jokes were so cynical. Of course, at the request of the public, both the presenters themselves and the management of the radio station made a public apology. However, this did not influence the management's decision to part with the employees. The grounds used by the employer for dismissing these individuals were not publicly disclosed.

The response is unexpected

An analysis of judicial practice shows that an employee can challenge not only the legally significant actions of the employer (disciplinary action up to and including dismissal), but also the methods of struggle. In particular, in his opinion, they can affect his honor and dignity and be offensive. Therefore, employees often go to court to demand compensation for moral damages. Although it is very, very difficult to prove the derogation of honor and dignity through actions and statements.

Courts, examining all the evidence presented in the case, more often come to the conclusion that any harm caused by the employee, in respect of whom legal measures have been taken to combat his habit of gossip and scandal, has not been proven. Nevertheless, even with such negative practice for employees, disputes with similar subjects of claims occur regularly.

Arbitrage practice

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The employee filed a claim against the employer for protection of honor and dignity and compensation for moral damage. The essence of the case was as follows: the plaintiff was fired from work for absenteeism, but was reinstated by the court due to a violation of the disciplinary procedure. After being reinstated for violation of discipline, he was reprimanded, which, upon the protest of the prosecutor, was declared illegal due to the delay in punishment. After the illegal order was issued, many employees became aware of its contents, rumors and gossip began to spread, which caused the applicant enormous distress and moral suffering, in connection with which he asked to recover compensation for moral damage from the defendant. In addition, the plaintiff indicated that his work currently involves moral education cadets who might have formed a negative opinion about his business reputation. The court examined the evidence presented and did not find in the employer’s actions the dissemination of information about the applicant, as well as the defamatory nature of this information. The applicant did not provide any significant evidence confirming these facts, and therefore the claim was not satisfied (decision of the Pavlovsky District Court of the Krasnodar Territory dated 03/03/2011).

In conclusion, we note that the presence of employees with “evil tongues” in a team is undoubtedly harmful to the working atmosphere. Unlike the competitive instinct, deliberate and unreasonable belittling of a colleague’s merits does not bring a positive effect to the work process in general and the development of an individual in particular.

There are psychological and legal methods of combating “evil tongues.” The latter achieve results faster and more effectively in the form of stopping or reducing the amount of gossip, scandals and grievances in the team. They are based on the application of punishment for specific actions of the employee, which can be qualified as a violation of the employer’s local acts containing the standards of ethics, behavior and treatment of colleagues established at the enterprise. It is necessary to remember that a legally significant circumstance for punishing an employee is the fact that the employee’s actions constitute a disciplinary offense.

When using legal measures, the employer has the right to apply various grounds for dismissal provided for by the Labor Code of the Russian Federation, choosing the most appropriate one depending on the specific circumstances of the case. However, when an employee is punished for an “evil tongue” and a legal dispute arises, there is a risk that the court will recognize the employer’s actions as illegal when the judicial authority applies the position of the European Court on a similar dispute, according to which holding an employee accountable and disciplinary action for expressing a critical opinion is equivalent to interference in his right to freedom of expression.

In general, it is possible to eradicate the phenomenon of “evil tongues” in a team if there is a desire to do so and the use of psychological and legal methods in combination.

Footnotes

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When a person is fired from work on the initiative of higher management, for him this almost always means psychological stress, painful experiences, and a wounded sense of pride. Irritation and resentment can have serious consequences for the organization - from creating a negative image in professional circles to lengthy legal proceedings. An angry employee often takes revenge on the company by leaking its customer base to competitors or by disclosing secret financial information to tax authorities. In addition, dismissal carried out in a rough, “clumsy” style causes stress for the rest of the staff. The remaining employees understand that sooner or later they will be treated in exactly the same way. In the team, work motivation decreases, loyalty to management disappears, and a secret search for a new job begins.

Hence the importance of psychological support for the dismissal of an employee. The dismissal process itself, if possible, should be made as gentle as possible in relation to the employee leaving the organization. It is necessary to minimize negative psychological consequences. There are several ways for both parties to avoid excessive stress upon dismissal, so that the employee does not leave embittered and does not plot further intrigues against the former employer.

Psychological studies have found that psychological stress caused by dismissal is more pronounced in men than in women. Men, due to their psychophysiological characteristics and prevailing stereotypes in society, are more inclined towards social success and career achievements. They more often perceive dismissal as the collapse of all their life plans and hopes, and are more often prone to inappropriate reactions. , are also more pronounced in men. Women react more flexibly to stressful situation and quickly adapt to new conditions. Therefore, no matter how strange it may seem from a philistine point of view, men need a more attentive and “gentle” approach when leaving a job than women.

There are several psychological rules that are useful to use when dismissing an employee.

The upcoming dismissal procedure can be mitigated by setting specific tasks for each week/month/quarter and discussing their implementation with the employee. An employee who systematically fails to complete assigned tasks is mentally prepared for dismissal. Even before the decision is announced, he understands that he cannot cope and may be separated from him, and he also knows why. Therefore, the notice of dismissal does not come as a surprise to him and does not cause stress. In this case, the stress factor is not the job loss itself, but the constant threat that this is about to happen. And the very fact of losing a job is often perceived with relief - as getting rid of constant uncertainty and discomfort.

In some cases, it is necessary to record in writing all the tasks that are given to the employee, and the result of their completion, in case of future litigation. Preparation for dismissal can also include conducting a performance appraisal and communicating the (negative) results to the employee. They make him understand that it is time to look for another job.

The conversation in which the dismissal is announced must be structured psychologically competently. Best to use psychological technique"PNP". (Positive-Negative-Positive). That is, first you need to list the positive qualities of the dismissed employee, then explain why the person can no longer work in the company, and at the end of the conversation you need to reassure the person and once again emphasize his strengths.

Stage 1, positive. At the first stage, it is important to create a positive emotional background and demonstrate respect for the person and his personality. This will soften upcoming negative experiences.

Stage 2, negative. Notice of dismissal. The reaction to it depends on the temperament and character of the person. For some, the reaction can be very violent - the employee “explodes”, screams (women may cry), accuses the boss of all mortal sins. In this situation, it is important not to interrupt him, but to let him “let off steam.” Listen calmly to him before continuing the conversation. It is not recommended to express active sympathy to an employee - this will only intensify his emotions. It is also inappropriate to respond according to the principle “you are a fool” - emphasizing the negative personal traits of the person being fired, reproaching him for laziness, sloppiness and lack of professionalism. This will make the employee even more angry and may cause a protracted conflict. Stay within the bounds of polite and calm goodwill.

Having “shouted out” all the negativity, the employee will again be able to perceive your arguments. In addition, such an accusatory impulse on the part of an employee who has “nothing to lose” can be very useful for the company. It allows you to find out those negative opinions and moods in the team that are usually kept silent and not expressed out loud to superiors. Smart leader will definitely draw conclusions from the information received.

Anyone who gets excited quickly usually calms down quickly. Such individuals overcome stress quite quickly. Within a few days after dismissal, they return to normal and begin to live not in the past, but in the future.

For calmer, phlegmatic and melancholic individuals, the notice of dismissal will not cause such a sharp external reaction. However, their internal psychological experiences are much stronger than those of the “explosive”. Negative consequences last longer, they tend to accumulate, and can cause chronic depression and loss of meaning in life. There are also known cases of suicide in which fired employees attempted to commit suicide.

In these people, psychological stress tends to develop progressively. Over time, negative experiences do not decrease, but become stronger. The fired person accumulates resentment for several weeks or months, and when it becomes unbearable, he suddenly decides to take revenge on his former employers and begins to develop a sophisticated plan of revenge.

For such individuals, the adaptation period is especially important. They need to be informed about “their own desire” to leave the company in advance and allowed to work in the company for some more time (2-4 weeks) in order to mitigate the period of acute psychological crisis. During this time, the employee will come to terms with the inevitable and get ready to look for a new job.

Stage 3, positive (“rehabilitating”). After the “sentence” is pronounced, it is recommended to take a pause so that the person has time to come to his senses, realize everything that was told to him or to “blow off steam,” and then do a few final “strokes.” For example, express confidence that he will definitely be able to reveal his great potential in another place of work. To sweeten the bitter pill, at this stage it is appropriate to discuss the amount of severance pay (“nth amount of salary”) that the employee will receive upon dismissal.

It is better to emphasize that dismissal is due to external reasons, and not to the personal qualities of the employee. It happens due to objective circumstances, and the employee himself has nothing to do with it. Those. at the third (positive) stage of the conversation, you need to say: “...the company simply finds itself in such a situation that we are forced to cut staff” or “You are a good specialist, but to solve new problems in new conditions we need people with different skills and other approach." You can also play on the ambitions of the dismissed employee, emphasizing his overqualification: “You are too good for us. You have long outgrown the boundaries of our company, you are capable of more, and for you, dismissal is a good reason to rise even higher and fully realize all your inclinations, which were not put to use at your previous place of work.”

The “PNP” principle also applies in the case when the dismissed employee does not shine with business qualities and, in principle, there is nothing to praise him for. As is known, in accordance with the Labor Code, an employee must be warned about the upcoming dismissal in advance. Therefore, the corresponding conversation between a boss and a careless subordinate can be structured like this:

“Dear name! You are a good person (positive personal qualities are listed). But if you don’t radically change your attitude towards work and your financial results, then we will be forced to part with you. I give you two weeks. If, after the expiration of the two-week period, you show that the work is up to you (and we both know very well that you are up to it), everything will be fine. If after two weeks nothing changes, then write a statement “on your own” and look for another place. Or I myself will officially inform you that you are fired! In the meantime, come to me for help and advice any time you need it! I will behave towards you as if nothing had happened and you had just started work, and I will do everything in my power for you.”

This text must be pronounced in its entirety and in exactly the same sequence to achieve the maximum psychological effect. If the situation has not changed after two weeks, the negligent employee quits.

Large and successful companies can afford the so-called. - working with reduced staff. Outplacement, as a type of consulting services, is provided by personnel and recruiting agencies. It includes psychological support and, ultimately, employment of the employee laid off as a result of restructuring or any other organizational changes.

Less successful companies may limit themselves to writing a good letter of recommendation for future employers, with which the dismissed employee will go looking for a new job. Of course, only if the employee agrees to resign calmly and without scandal. During the final conversation, it is advisable to give parting words and advice on future employment: where is the best place to apply, where can you get short-term training, improve your classification, etc. It is important to explain to the person that losing a job and looking for a new one is not a tragedy, but a normal stage of any business career. Therefore, we need to be optimistic about the future. Sooner or later, he will definitely find a job that will open up new prospects for professional growth. Show concern for his fate so that the person does not feel like an unnecessary thing that heartless employers squeezed out and threw out into the street without regret.

Many companies have a good tradition: in a farewell conversation, one of the company’s managers thanks the employee for his work and hands him “exit” documents. This gives a good psychological effect, but only if the person thanking is a truly important person in the organizational hierarchy, and not a regular clerk from the personnel department.

If a person has worked for a long time and brought significant benefit to the organization, it is advisable to see him off publicly and with honor. For example, arrange a small farewell buffet and present him with a memorable gift in a formal atmosphere. This is especially important if the dismissal occurs due to a person’s retirement. In this case, material costs are more than compensated by the favorable psychological climate in the organization. Not only the dismissed, but also the remaining staff will feel calm and confident. People will know that the company they are giving to best years life, will not treat them indifferently, but will provide respect and support. This will have a beneficial effect on work motivation and loyalty to management.

Such behavior on your part will ensure, if not a positive, then at least a non-aggressive attitude towards your company. Employees will be more inclined to view their dismissal as an honest and forced act, rather than as meanness on the part of management. They often continue to speak well of the company and express no desire to sue it for wrongful termination or retaliate against former employers in any other way.

Prepared based on materials from the training seminar:

Dismissal of an employee at the initiative of the employer is an extremely difficult and often painful process, requiring not only knowledge of psychology, but also the nuances of labor legislation.

How to fire an employee if the employee does not want to quit?

Applying on your own can be a costly mistake. Forcing an employee to sign a statement of his own free will is an effective, but absolutely illegal option. After signing such an application, the employee can go to the labor inspectorate and sue the company for: compensation for moral damages, compensation for forced downtime, and seek reinstatement at work.

In this case, the company will have to pay an administrative fine for violating the Labor Code - up to 50,000 rubles. How to legally fire an employee at the initiative of the employer?

The Labor Code already spells out legal methods for dismissing an employee at the initiative of the employer - this includes dismissing workers for absenteeism, due to staff reductions, non-compliance with labor regulations, etc. They should be used if an employee works dishonestly. Let's look at them in more detail.

Dismissal of an employee by mutual agreement with the employer

Article 78 of the Labor Code of the Russian Federation consists of only one sentence: “An employment contract may be terminated at any time by agreement of the parties to the employment contract,” and gives enormous scope to the employer. It is the best way for an employer to leave and is suitable if there are no official grounds for dismissal, but there is a reason. The reason for dismissing an employee is at the initiative of the employer and is discussed with the employee one-on-one. However, the employee usually expects compensation for forced dismissal or at least paid leave. Therefore, the employer needs to prepare for additional costs. But by documenting the dismissal by agreement of the parties, the employer minimizes the risk that the employee will go to court.

Dismissal due to changes in working conditions

Article 74 of the Labor Code of the Russian Federation provides that the employer can change the work schedule and working conditions. Also, the employer can change the location of the company or change the owner, or carry out a reorganization. The employer’s task is to notify employees about the reasons and changes in a timely manner, namely in writing, and no later than two months in advance. And employees can either agree to the changes or quit.

Dismissal due to staff reduction

Dismissal of an employee at the initiative of the employer due to staff reduction (Article 81 of the Labor Code, clause 2) is one of the most popular ways to separate legally. The employer is obliged to notify the employee in writing of the layoff at least 2 months in advance and not to open a layoff position for a year. True, it is impossible to reduce staff by a specific unit without explanations and alternatives. The employer must offer the employee a list of other vacancies that correspond to his competencies. The employee refused - they documented this and carried out the layoff. In this case, it is necessary to pay the laid-off employee severance pay and notify the employment authorities about the staff reduction.

When determining employees with whom the employment contract cannot be terminated under clause 2, part 1, art. 81 of the Labor Code of the Russian Federation (reduction of the number or staff of an organization’s employees), it is necessary to be guided by Art. Art. 261, 264 Labor Code of the Russian Federation.

Unsuitability

Dismissal of an employee at the initiative of the employer due to inadequacy of the position (Article 81, paragraph 3) is another loophole for the employer. When hired, each employee must sign a job description. But the employer has the right to change it over time by warning the employee 2 months in advance. For example, introduce individual work criteria - processing a certain number of documents, etc. In the additional agreement to the employment contract, state on the basis of what conditions the employee’s performance is considered unfulfilled, and then fire.

The employee has not passed the certification

Another way to prove the incompetence of an employee and to dismiss the employee at the initiative of the employer is to conduct certification. But for the employer this is an extreme measure due to labor costs and high cost. Certification is carried out not only for the unwanted employee, but also for others in a similar position. It is necessary to assemble a commission of people who have a professional understanding of the work of the employees subject to certification. Bad results are the dismissal of an employee at the initiative of the employer, but only if he refuses another vacancy in the company that matches his qualifications.

Dismissal due to absenteeism and tardiness

Dismissing an employee for absenteeism is one of the most popular ways to part with an unscrupulous employee of an enterprise. One absence (from 4 hours in a row or throughout the entire working day) is enough to fire him, because... this refers to a gross violation of labor duties by the employee (Article 81, paragraph 6).

It is more difficult to fire an employee who is constantly late, but it is also possible. You cannot be fired for a single lateness; you will need to collect several explanatory notes about the lateness and impose a disciplinary sanction. At the same time, the work schedule must be specified in the internal labor regulations and in the employment contract.

Intoxication

For dismissal, one appearance of an employee in a state of intoxication - alcohol, drugs, or other toxic substances is also sufficient (Article 81, paragraph 6). But a company that wants to fire an employee on the employer’s initiative will have to call an ambulance to the office before the end of the working day in order to record the employee’s intoxication and have the results of a medical examination in hand.

Failure to comply with internal labor regulations

In addition to the law, there are also rules that the company determines itself. For example, what can you wear at work (dress code), can you smoke and, if so, where. Such rules should be clearly described in one document called “Internal Labor Regulations”. All employees sign up for it when they are hired. If the employee is notified, but violates the rules, then the employee can be dismissed at the initiative of the employer.

Disclosure of secrets

If an employee becomes aware of a secret protected by law (state, commercial, official, etc.), including the disclosure of personal data of another employee, he can be fired (Article 81, paragraph 6). At the same time, even the phone number of another employee may fall under personal data.

Failure to fulfill duties

Dismissal of an employee at the initiative of the employer is possible in accordance with Clause 5 of Article 81 of the Labor Code of the Russian Federation, which allows the dismissal of an employee if he repeatedly fails to fulfill his duties. To fire an unscrupulous employee, the employer can “overwhelm” him with tasks that cannot be completed within the specified time, and then ask him to write an explanatory note about the reasons for non-fulfillment.

Services of KG ETALON to support the dismissal of personnel

Do not forget that it is still not easy to fire an employee. To do this, you need to properly prepare documents and follow all formal procedures, because If the employee subsequently goes to court, judges most often take the position of the employee and examine the employer’s evidence “under a magnifying glass.” To ensure that the dismissal of employees at the initiative of the employer does not lead to problems for your company, we advise you to contact experienced lawyers.

Dismissal of an employee at the initiative of the employer, whether due to failure to perform duties, intoxication or dismissal of an employee for absenteeism, is one of the main specializations of labor law lawyers at KG ETALON. The price for services is determined after a free initial consultation and analysis of documents, and does not change during the work process.

A professional lawyer will analyze your situation for free and offer a solution to your problem.

Is it possible to effectively counter the manifestations of mobbing?
What contributes to the deterioration of relationships within the team?
How to negotiate dismissal with an employee so as not to create a conflict situation

Having noticed the indifference of employees to completing assigned tasks or a decrease in planned economic indicators, one should not rush to conclusions: it is possible that the reason for these negative manifestations lies not in the negligence of employees, but in the existence internal conflict a team. Another reason may be the manager’s inappropriate behavior. An analysis of the current situation and its causes will help to find a way to resolve contradictions and restore effective interaction between company employees.

Employee demotivation may be the result of an unhealthy atmosphere in the team.

Unfavorable socio-psychological climate in the team, the emergence of conflicts, decreased efficiency labor activity employees can often be associated with manifestations of mobbing in the team. This negative phenomenon in organizations was actively discussed in the West back in the 80s of the 20th century. In Germany and a number of other European countries, the employer is held liable for manifestations of mobbing during the work process, and if it actually occurred, the employer is obliged to pay considerable compensation. According to the research company Management Issues, in Europe mobbing charges account for about 10% of all cases that are heard in court. Today, mobbing is not only a Western, but also a Russian reality. This concept (from the English to mob - to attack by a crowd, to poison) means a form of psychological violence in the form of bullying an employee in a team with the aim of his subsequent dismissal.

As a rule, mobbing is a systematic manifestation of an unfriendly attitude towards an employee. In a situation where an employee is constantly “bullied” at work, he may become alienated, depressed, and demotivated. The constant struggle for existence at work can cause frustration, stress, somatic and mental illness. It should be noted that mobbing has a negative impact not only on the employee towards whom negative manifestations are directed, but also on the normal functioning of the company as a whole. The deterioration of the psychological climate within the organization leads to a sharp increase in staff turnover. Employees are trying to find another place where there would be not only a good salary, but also correct attitude towards the staff. Involvement in conflict interaction of team members reduces economic indicators. The risk of lawsuits from dismissed employees increases, and a negative reputation of the company is formed.

Envious employees are a source of unfriendly behavior

There are several types of mobbing: horizontal, vertical and mixed. Vertical mobbing can occur at the level of interaction between a manager and a subordinate. If mobbing occurs among subordinates without directly affecting management, it is horizontal mobbing. The most complex and problematic type of mobbing is mixed mobbing, which includes elements of both vertical and horizontal psychological pressure.

There are many reasons for the emergence of unconstructive conflict interaction and they are quite diverse. However, the common ground for mobbing in an organization can be: uncertainty in the organizational structure, unclear “floating” distribution of responsibilities, a blurred area of responsibility and a conflicting management style.

The most common causes of mobbing include the following.

Envy.“Envy is even more irreconcilable than hatred,” said Francois de La Rochefoucauld. As you know, you can envy everything - efficient work, youth, professional success, career, etc.? It is the feeling of envy that often pushes people to act psychological aggression. At the same time, the initiators of mobbing in most cases are not ready even to admit to themselves that the real reason their conflict manifestations. This makes the situation even more complicated.

Fear. No less powerful than envy, the motivator of psychological terror is fear - fear for one’s place, for one’s professional future, fear of losing the favor of management, etc.? If fear is expressed to a small extent and manifests itself in the form of apprehensions, it can be quite constructive and contribute to development and professional growth. When expressed strongly, fear takes on a destructive form – it is a catalyst for mobbing. Experiencing fear, the employee begins to act according to the principle “ best protection“is an attack” even when there is no real threat. In many cases, the instigators of bullying are employees who have been working in a given organization for a long time, who are afraid of losing their place and strive to survive everyone who can claim to be potential competitors.

The fight for "justice". If there are serious personnel changes in an organization, the victim of mobbing may be an employee who is unexpectedly appointed to a high position, who came from outside, or an employee who, in the opinion of colleagues, is not entitled to this position.

Dissimilarity from others, demonstrativeness. In a situation where an employee is very different from colleagues in socially, by behavior, level of education or work experience, the risk of mobbing increases. Any structure with great difficulty includes “foreign” elements. The flexibility of a “different” employee, his willingness to integrate into a new environment, demonstrate loyalty to the new team and its values, significantly removes the potential threat of becoming a “victim” of mobbing. Demonstrative behavior, excessive emphasizing of one's merits and differences from others, bragging, ignoring corporate meals, defiant behavior, deliberate isolation from colleagues - on the contrary, push the team towards mobbing.

An employee can be subject to mobbing not only from colleagues, but also from management

Tension in the team requires emotional release, the release of negative emotions, and if there are no constructive ways to relieve emotional tension in the organization, the team follows a destructive path and finds a “scapegoat”, this is especially facilitated by the victimized (otherwise known as provoking attack) behavior of the “victim” itself. . At the same time, mobbing does not have a rational justification; participants in bullying often cannot explain their behavior in a motivated manner, pointing out that the “victim” has a terrible character, or is even simply mentally disabled, she simply irritates everyone with her very presence.

Some differences can be noted in the manifestations of mobbing in foreign and Russian companies. Thus, in foreign companies, the most common type of psychological terror is horizontal mobbing, when the team finds a “scapegoat”. In Russia, on the contrary, vertical mobbing is much more common. The main reason for psychological pressure is the desire to get rid of an employee, to fire him when there is no legal basis for this. The motives for this can be different: personal hostility, hurt pride (if the employee has shown his superiority), the manager’s confidence in the employee’s ineffectiveness, the desire to reduce staff, etc.?

Most often, there are three main personal reasons for vertical mobbing:

Enjoyment of power. The manager enjoys “games with the staff”; he likes to dominate, cause discord, and pit the interests of employees against each other.

The need for self-affirmation. Lack of self-confidence, a negative attitude and suspicion, which makes you see everyone as “enemies”, the desire to constantly assert yourself at the expense of subordinates.

Managerial incompetence. Inability to constructively solve management problems, lack of skills for peaceful conflict resolution, problems with setting professional tasks and monitoring their implementation.

Recently, the office environment has become increasingly called “plankton”. The phenomenon of vertical mobbing is directly related to this. After all, plankton in a biological ecosystem are heterogeneous, mostly small organisms that drift freely in the water column and are unable to resist the flow. Plankton is food for larger aquatic animals. If you look at this definition as an allegory, then all the prerequisites for the creation of vertical mobbing are visible - against the background of “office plankton”, it is easy for any “bigger fish” to realize their internal psychological needs: to assert themselves, to exercise power for the sake of power, to command, to suppress. Availability in the organization large quantity“plankton” is the litmus test for vertical mobbing.

How should a manager behave in a conflict situation with an employee?

To avoid possible manifestations of mobbing, if a conflict situation arises, the head of the company or the employee responsible for organizing the work of personnel (HR specialist, HR manager, lawyer) can use the technique briefly described below.

Collect the most complete information regarding the current situation.

Based on the information received, try to determine your goals and the goals of the employee as impartially as possible. Record the obtained result on paper and ask the question “What else can guide me, besides the interests of the organization?”, “What does the employee expect from me as a leader?” At this stage, it is important to go beyond the boundaries of your own stereotypes, allow yourself to think outside the box, and assess the situation from an “outside perspective.” It is recommended to write down any assumptions that arise, even those that seem insignificant, on the same sheet of paper.

Analyze the recorded information and formulate a new look at the problem. Difficulties in this work may indicate the need for additional action.

The cause of an employee’s psychological discomfort is not always the negative attitude of the manager or colleagues

Mobbing situations noted by employees do not always exist in objective reality. Therefore, it is important at the very first stage to separate real and imaginary mobbing. Imaginary mobbing occurs when psychological pressure in the workplace is a personal subjective feeling of the employee. In a situation where past work experience is very different from new requirements. For example, a specialist who is used to working at a fairly calm pace finds himself in a company where strict speed requirements are set and there is no opportunity to relax. Based on his previous experience, this employee begins to suspect that he is deliberately not being allowed to breathe freely. A similar situation arises in the event of a sharp change in management policy, “restoring order” and “tightening the screws.”

The attitudinal effect also plays an important role - if the company already has information about cases of real manifestations of mobbing, employees will be more inclined to consider any negative actions as manifestations of “psychological terror.”

Situations of imaginary mobbing often arise due to the manifestation of situational and personal factors (tension, suspicion, anxiety, fatigue, etc.).

An employee may come to the conclusion that the team doesn’t like him if a colleague suddenly “got at him”, if he suddenly received an unprecedented number of complaints, or if documents began to disappear from his desk. However, all these events cannot serve as confirmation that the employee has become the target of mobbing. In this situation, the manager should reassure the employee and set him in a working mood, because a person’s state at work can be influenced by a huge number of factors, from weather conditions to personal problems.

The level of irritability and suspicion also increases with the accumulation of fatigue and tension and is often associated with a significant increase in workload and intensity of activity. In a situation of chronic fatigue or constant stress, a person is not able to adequately assess the reality around him.

There is another reason for the appearance of imaginary mobbing – “consciously purposeful”. Excessive suspicion and a special search for manifestations of mobbing in an organization can be used by employees to achieve specific personal goals, such as attracting the attention of management, standing out from the general background of employees, destabilizing the situation in the team, creating a conflict situation, etc.?

Rules for non-conflict dismissal

When making a decision to dismiss, it is important to make the dismissal informed and “transparent” for employees. Employees must be clear about the reasons for the dismissal of their colleagues, otherwise discontent will brew in the company, creating the threat of a destructive conflict.

In a potentially conflictual conversation, you can use the psychological technique “PNP” (positive - negative - positive). At the beginning, list the positive qualities of the employee being dismissed, then explain why the person can no longer work for the company; at the end of the conversation, you can return to the positive characteristics of the employee and his prospects. You should demonstrate concern for his fate and promise to write a good letter of recommendation for future employers. The inability to correctly use the PNP technique often leads to situations where the employer seemed to try to soften the bad news about his dismissal for the employee, but achieved exactly the opposite results.

Feedback from employees will help diagnose conflict at an early stage

The employer should form and maintain a negative attitude towards gossipmongers and intriguers at work. It is necessary to encourage peacemaking initiatives, defend your opinion about each of the employees, despite attempts by employees to denigrate one of their colleagues in the eyes of management, and also support the victim of mobbing. The latter requires special explanation: the active support of a particular “weak” employee by management, his obvious guardianship is often perceived by the team as protege, and the opinion is formed that he is someone’s protégé. It is well known that “favorites” are not liked in any team, and, therefore, even those who sympathized with him before will take up arms against this employee. The mobbing situation will worsen even more, moving into a phase hidden from management. In such a situation, constructively resolving the conflict becomes even more difficult. To avoid these negative consequences, it is important to clearly and visually communicate the demonstration of employee support to the entire team.
and specific manifestations of mobbing against him. Effective support should be constructive, aimed at meaningful analysis of specific work situations.

To receive feedback, company management very often introduces internal communication rules. If such technologies are used in a company, then the employer will have to monitor the reasons for the violation of information transmission channels. Distortion or concealment of information is often a mobbing tool, which makes it possible to diagnose the problem at initial stage. Regulating information flows, monitoring information overloads, situations of “information hunger” or places where information is “stuck”, creating additional channels to eliminate information distortion, creating an open information culture through the introduction of modern information technologies, information management systems - all these actions make it possible to avoid many conflicts situations, and are also a good prevention of mobbing. If there is a sufficient amount of objective information, rumors appear much less frequently in an organization, and their use as a tool
“psychological terror” is not highly effective. In addition, it is necessary to create conditions that ensure the receipt of objective feedback from employees. The employer should declare his readiness to hear any opinion, even one different from his own. An effective measure to counter mobbing can be to involve employees in the development of ideas and proposals for optimizing the work process and team interaction, so it seems logical to encourage employees’ readiness for constructive dialogue and cooperation.

Constructive criticism of an employee increases his work efficiency

Constructive criticism makes you want to correct mistakes, increases self-confidence and motivates you to complete your tasks. This type of criticism does not insult or degrade a person's dignity. Criticisms must be timely and relevant to the present moment, since delayed criticism often antagonizes employees and can be seen as score settling and even provoke conflict. It is necessary to separate the person from the problem - that is, one must avoid generalization and getting too personal. You should invite the employee to make his own decision on the problem being discussed, and ask what he would advise a colleague who found himself in a similar situation.

Appointing internal organizational consultants on the problem of mobbing, creating conditions for individual and group conversations with employees will help not only monitor the psychological climate in the team, but also correct it in a timely manner. The implementation of educational programs and trainings aimed primarily at developing skills of effective interaction and teamwork, as well as methods for constructive conflict resolution, will contribute to team unity. It is also important to implement the system in the organization psychological relief: creating relaxation areas, using relaxation techniques and auto-training. To understand the complexities of forming effective relationships in a team, managers may benefit from a coaching method (external mentoring) aimed at helping them set and achieve goals. It allows you to expand the horizon of goals, find within yourself the necessary resources for effective and conflict-free management decisions.
tasks.