06/22/2016 at 17:52

In the article you will learn:

Psychology at work and relationships in the team

Greetings, my beloved readers! Today we will talk about such an insidious topic as psychology of relationships in a team at work. Why insidious? Everyone at least once faced pressure from colleagues, banal gossip behind their backs, even outright set-ups in front of the authorities, questioning our professional quality. Well, did it happen? How to avoid these troubles, improve damaged relations with the team and even turn them in a direction that is beneficial for you, I will talk about this in detail now.

Childhood, childhood, where did you go ...

Remember yourself in kindergarten, at school, at the institute? Here in the working environment, the same processes, but more conscious and a little more complicated. I did not in vain turn to your experience. The concept of the collective is inseparable from the individual, social relations. Children's games, communication between boys and girls in the classroom, institute were the future model of your work. Human qualities and the skills you have acquired as you grow up are not baggage, but the equipment with which you make your place in the multidimensional social web of relationships. Unfortunately, in a team it is not always easy as it seems. Now everything is grown-up.

People come to work with different characters, temperaments, levels of self-esteem, motivation: grumblers, envious people, advisers, gossips, teachers and others; a beginner needs to be able to pour into this bouquet.

If you have been working for your boss for more than a day, you want to urgently change something in your relations with colleagues, let's figure out what role is assigned to you, your colleagues in this disgrace, we will choose a behavior strategy, this is the only way you will shift the established relationship from dead center. But first things first!

First day: fatal success!

Before I go to practical recommendations Imagine that a new employee has come to your office. What are your reactions? Certainly different. Interest, alertness, curiosity, distrust, indifference, but absolutely everyone will begin to identify a newcomer on the subject of "friend or foe", this happens unconsciously and naturally, watch yourself. How to behave in order to pass this test? It is important to win over on the first day of work, and the motto of the week will be: "Accuracy in everything!". Starting from appearance, ending with statements, actions and expressed emotions.

We are so different and yet we are together

In fact, there are enough conflicts among staff frequent occurrence, the roles are known, as they say "they are the same in the arena." Consider the causes of problems, based on possible relationship types:

1. "Evil" or "grunt". There are such ladies in any organization, unfriendly, dissatisfied, easily irritated. Your reaction is a source of new irritation. Therefore, your main weapon is calm and methodical, stay neutral
2. envious employees gossip more often than others, allow fun-cynical discussions behind the back of your regular blouse or love stories, even to the point of devaluing your professional duties, emphasizing any oversight or mistake. The reasons are clear: a mixture of envy, boredom and even jealousy. Do not allow gossip, less often flaunt your achievements and successes, spare their feelings. And God forbid you flirt with male colleague at work, especially if he is the only man in the team!
3. Rigid employees are conservatives to the core. Unable to change work style or point of view. It is useless to argue, argue something with them, do not try, communicate with instructions, stick to general rules.
4. advisers- this type of people loves to teach, give recommendations on how and what you should do better. There is no harm from them, but importunity can cause a minimum of yawning, a maximum of a quarrel. In this case, take the initiative yourself, ask for help, you will emphasize the importance of this employee, support his self-esteem and thereby reduce the need to “be needed”.
5. Your pedantic Your colleagues can find fault for any reason, looking for a petty inaccuracy, but on the other hand, if the workflow allows, you can share the responsibilities by giving them the most tedious and routine work that requires attention to detail.
6. "Artists". Surely you have met people of a demonstrative type. Very energetic, emotional, they come to work for attention. Therefore, you can be drawn into a scandal just to be in the center of events. Give the artist attention, compliments, in return you will get a good ally.

These are not the only types, there are many. But what if colleagues seem to be good, but the relationship still does not stick together and irritations and skirmishes periodically flare up? Here you have to pay attention on yourself loved ones and think about whether we ourselves are the cause and source of our own problems? And in this case, changing the team will not help the cause, you will find yourself in the same situations over and over again. Let's talk straight.

What can provoke colleagues to conflicts

1. Lack of sociability, sullenness, unwillingness to respond to requests. This does not mean that you should be allowed to sit on your neck. But be friendly, help out colleagues when they really need it.
2. Complaining to superiors about colleagues. Better decide controversial situations among themselves, finding compromises.
3. If you have Bad mood, the boss yelled at you, things didn’t work out, don't take it out on colleagues! There are many ways to deal with stress: hobbies, auto-training, meditation techniques, your favorite music and much more.
4. Don't think your opinion is the most important. Often straightforwardness is confused with banal bad manners. hold back, only speak when it really matters.
5. Friendship at work. You may not notice how this will interfere with the workflow and colleagues. Frequent smoke breaks, long lunches, endless conversations will not please the boss either.
6. Fear of overworking, if general task, the more the emergency.
7. Do not take something without asking from the table of colleagues.
8. Constant comparison with former job, especially not in favor of the current one.
9. Unfortunate, inappropriate and redundant curious questions. For example, what kind of salary is paid to whom, who is in what relationship, etc.
10. Loud conversations on personal topics, loud phone music, a strong smell of perfume, a conversation with colleagues in raised tones. Agree that these moments can piss you off and those around you.

A friend of mine complained that she had to look for other vacancies. As it turned out, a whole department organized a persecution against her. In relational psychology, this phenomenon is called mobbing when all on one. The reason for the mobbing was workaholism my friend, which was perceived by the department as a desire to please the boss and stand out from the rest. It was possible to solve the problem by identifying the main instigator of the bullying and discussing the situation directly with him. If, on the contrary, you are too lazy to do something, then read about how to deal with laziness.

Relationships in the men's team: set priorities

The rules of conduct in the men's team deserve a separate discussion. Men are also different, and in such teams it can be oh, how difficult it is, most often it is a struggle for survival!

So, whatever one may say, there is only one recipe: respect each other, adhere to the norms of behavior, give a firm rebuff to the aggressors and strive to improve relations, because we are all, by and large, the same and we all want to come to the best work in the best team. If you are still looking for a better job, then pay attention to the course about 78 Profitable Internet Jobs . We all know that soon virtual work will take great place in people's lives. So there you are with your computer good relations and looking for more interesting work , then the possibility work at home might be just right for you.

Mobbing, bullying, bossing... These cryptic words mean just various options persecution organized by one or more people at work of an objectionable employee. Think you're not in danger? You are wrong. Any of us can become a potential victim, and the number of victims of office terror runs into the millions all over the world.

Conspiracy against the victim

Alla knows firsthand what it is like when the team rejects and does not let them into their friendly ranks. Once she worked in a company where the main contingent of workers were ladies much older than her. But instead of maternal care, the girl faced ignorance and open hostility from her colleagues. And although she liked the work and the authorities had no complaints against her, Alla had to quit a few months after the start of the conspiracy against her.

it typical example mobbing ( mob- crowd), or persecution by a group of persons of one person. As a rule, the goal of mobbing and other types of psychological pressure is to make the victim lose their nerve, and she shamefully fled from the "battlefield".

The main difference between targeted bullying and ordinary conflicts and strained relationships with someone is its constancy and duration, from several weeks to several years. There are other signs by which it can be assumed that a war has been unleashed against you. For example, regular criticism, often too petty or not containing any specifics; ridicule and insults; threats and outright slander. They hide from you important information or do not provide it on time; loaded with cases that are not too related to your competence; they are not invited to joint collective events... But if you are presented with justified claims about the really poor quality of your work, you will not be able to write them off as bullying.

A person subjected to psychological terror may also experience health problems: sleep disorders, physical exhaustion, constant migraines, and various diseases. Self-esteem drops, self-doubt appears. On health problems, the pursuers will also not fail to spread another trump card: "Why keep an employee who is on sick leave all the time?"

Five reasons for mobbing

There are several most common causes of mobbing and its variants.

1. Banal envy and fear that you will cross someone's path - so successful professionals are quite often ostracized.
2. Sometimes the trigger is quarrel between people which, when it reaches its peak, leads to harassment in the workplace.
3. Another option - the boss and his subordinate at one time already had a relationship that go beyond the official: for example, friendly or love. But then they were interrupted. However, both parties have to work together, and in some cases the boss will seek to get rid of the person with whom he had something in common.
4. Most often, office wars provoke unhealthy atmosphere in the company- constant staff turnover, a rigid system of fines and control, distrust of each other. In such a team there is tension hidden for the time being, which sooner or later will require detente. And then the "scapegoat" can be anyone.
5. Big role in whether the organization has a tendency to "witch-hunt", plays leader's personality. There are bosses who love to manipulate people and push them head-on. The collective persecution of an employee occurs with their tacit approval, or even with their submission, when they want to get rid of an objectionable person with the wrong hands. Sometimes leaders underestimate the seriousness of the situation, tolerate such tricks of their subordinates and do not take any measures against the instigators of harassment, leaving them with a sense of impunity. But the boss, like no one else, is responsible for the positive psychological climate in the team and the settlement of industrial conflicts.

Daria Stasevich, psychologist

In some companies, "hazing" of newcomers is accepted, this is a kind of tradition of joining the team. When you pass this stage, then everything will most likely form. You can also look at the reasons for pressure in relation to yourself from the other side. Perhaps similar situations have already occurred in your life. Then you need to figure out what in your behavior can provoke others to such an attitude. For example, you are used to playing the role of a victim and do not know how to stand up for yourself. Or you are too different from colleagues - behavior, appearance- and they do not understand and do not accept you. Among other reasons - you unknowingly or deliberately ignore the established "rules of the game" and do not share the values ​​of the group; you came to the company by pull; they want to put "their" person in your place.

Bullying: one on one

When the boss of Maya, who worked as an assistant referee, got on whole year to the hospital due to a serious illness, his staff were temporarily transferred to another site. There, the woman had to deal with the inappropriate behavior of one of her colleagues. "She worked as an assistant to my new leader and for some reason immediately took a dislike to me, messed with terrible force. Then the rumors will spread behind my back that I allegedly got a job through the bed. She will keep silent about the important request of the boss, and she brazenly lied to him that she gave everything to me, ”says Maya.

This is another version of psychological terror - bullying (bully - a bully), or the persecution by one person of another, usually equal in status. It is believed that a feature of bullers is the constant thirst for "fresh blood". Often after the victim, unable to bear the bullying, quits, the attacker is taken for the next "lamb".

How to build relationships?

If you feel that a targeted large-scale action is being taken against you, you can choose multiple strategies to fight. The main thing is to realize what you are ready to fight for.

Try to give a decisive rebuff to the aggressors. Another option is to ignore the attacks with the expectation that sooner or later you will be left behind. Such a technique as "external agreement" also helps: "Perhaps you are right, I will think about it." Sometimes this has the effect of surprise: you were expected to have outbursts of anger or pathetic excuses, and now you have a chance to take control of the situation.

Seek help from the boss. By and large, mobbing or bullying can be stopped if he takes appropriate measures. Otherwise, the further struggle for their rights may turn into a battle with windmills.

You can also take certain steps to prevent possible negative attitude to yourself. When hiring, find out what corporate culture and the values ​​of the company, whether mutual assistance is accepted, respect for each other, etc. Sources of such information are interviews with the HR manager and the future leader. If you are hired by a company whose products you have used, pay attention to how the stores of this organization treat customers. After all, this is often a reflection of the style of relationships within the company. During probationary period you can also learn a lot of interesting things. For example, about whether there is pressure on any of the employees. If such a phenomenon exists, draw appropriate conclusions.

Karina Khutayeva, Director of the International Educational Center

If you encounter bullying at work, stay calm and don't lower yourself to the level of the bully. Don't yell or intimidate back. Often the "attackers" provoke you on purpose, expecting retaliatory aggression, as this will give them a chance to respond to you with an even stronger provocation. It is not recommended to cry or show your weakness, this is expected of you in the first place. Keep up the quality work, because "well-wishers" hope to see you broken, and when you succeed over and over again, it is perceived by them as a defeat. Be sure to show the results of your work to your superiors in order to protect yourself from malicious slander about your unprofessionalism. And don't let yourself be isolated from loyal colleagues, maintain business and friendship ties with them.

Natalia Verigina, business coach

People with low self-esteem often become victims of bullying or mobbing, so it is important to work on improving it. This will help contacting a psychologist, participation and victories in competitions professional excellence. Often they are persecuted, keeping apart from the team. Learn to build relationships with people - this will make it easier to establish contact with colleagues and form an "army of allies". They can be employees not only from their own, but also from related departments, and even more significant - the immediate supervisor. Learn to defend your position, taking into account the interests of all parties and the "rituals" adopted in the company, so that disputable situations do not develop into a violent conflict. Don't make enemies with your own hands.

Bossing: the boss is against

The confrontation between Nina and her boss has been going on for a long time, and no one will remember the root cause. The manager creates an unbearable environment for his employee at work. Sets unrealistic deadlines for completing tasks, requires strict adherence to labor discipline, and the rest are given significant concessions. Nina is in constant stress, and only an even greater fear of being unemployed is stopping her from being fired so far.

In this case, we are talking about bossing ( boss- chief, boss), persecution by the head of his subordinate. In fact, this is the same bullying, but not horizontal, but vertical. It is usually used when the boss lacks weighty arguments for the legal dismissal of a person.

As a rule, the victim has little hope for the help of colleagues, because they are by no means eager to fall under the punishing sword. Sometimes the attitude of the boss towards someone is perceived by subordinates as a clear indication of action, in such a situation a person is under the crossfire of harassment literally from all sides.

They can put pressure on you, forcing you to urgently write a letter of resignation of your own free will. Do not make any decisions in a hurry, you have every right to take a pause to think. If you agree to quit your job, try to negotiate a dismissal by agreement of the parties. This suggests that both sides are ready to make concessions to each other. You leave, and the employer, if you manage to agree with him, pays a severance pay in a certain amount. After all, dismissal on one's own initiative involves only compensation for unused vacation.

In any case, experts recommend quitting a company where unpunished terror of people is allowed, and the sooner the better. Otherwise, the consequences for your health and psychological state may become irreversible.

Daria Stasevich, psychologist

If the boss decides to fire you, you will have a very difficult time. But your leaving is not the only option developments, although very likely. You can try to transfer to another department of the same company or to another branch or even a region, if possible. You can seek help from higher authorities or go to court. There are also city and district labor inspectorates. It is important to provide documentary evidence of a violation of your rights - dictaphone recordings of conversations with superiors, various correspondence, an employment contract, etc. will do.

Ideally, you should maintain smooth and friendly relations with all employees in the team. However, this is not always possible. People are different, one of them treats you well, while the other can do harm. If you were set up at work, it is insulting and extremely unpleasant, but first of all, you need to minimize the consequences.

If you were set up at work, what to do?

You were framed - a conversation with the boss

The boss calls you to his office and defiantly puts before you a report with errors or a summary of real data that differs markedly from those indicated by you, and you understand that you don’t know where these papers came from, yesterday they looked like -other. It doesn't matter if you suspected that cunning colleagues were going to harm you, or if it really came as a surprise to you, be surprised. Throw up your hands and say that all this is a misunderstanding, the correct report is saved on your computer, and the accountant submitted other information yesterday - here is the paper, seal and signature. Don't yell about being set up and don't point your fingers at your co-workers. A smart leader will come to this conclusion himself. If he asks about your detractors, you can delicately speculate (which you yourself will be sure of) about who could have done this.

Don't give the names of people you suspect of setting you up unless you're sure of it. If you make a mistake, you will be ashamed

Work will not go to Fedot

You are not to blame for the fact that you were set up, but if you did not grab the ill-wisher by the hand, you still have to correct the mistakes. Try to do it as quickly as possible, without moaning about cunning colleagues and without complaining to clients and bosses. The people involved in this story will appreciate both your professionalism and personal qualities.

How to deal with the person who set you up

You may know who set you up, but it is not certain that the boss will decide to fire this person. It is likely that you will continue to work with him in the same company and even in the same office. Despite all your anger and resentment, don't fight. Best of all, do not pay any attention to the colleague who has sat you down - do not help him, do not communicate with him, do not offer to get acquainted with new form report, let someone else do it, don't share sugar with them.

Leeds described the four most common types of problem colleagues in her book Full order. A weekly plan to deal with chaos at work, at home and in your head. The communication strategy that will help you get along with him depends on who the employee who bothers you is. Or just protect yourself from its "harmfulness".

Skeptic

He does not believe in anything or anyone, and especially in your good undertakings. But the most disgusting quality of a Skeptic is that he will never be too lazy to tell you about his doubts, and even in public, with a laugh and obvious pleasure.

“In the office, the Skeptic will constantly say that your efforts will lead nowhere. This is the same person for whom the glass is never half full - it is always half empty. If the Skeptic sees that you are trying to organize your workplace, he can even arrange a sweepstakes and take bets on how long your new order will last.

And it would be fine, he just nagged over his ear every day: in the end, you can train your attention so that it turns off, and the brain filters this incoming information. But after all, from listening to the mantra “You will not succeed”, “You will never be promoted”, etc. you can really believe that you are doomed to failure. And with such an attitude, nothing shines for you except chronic depression.

How to act. To begin with, to realize that the Skeptic behaves this way not from a great mind and ability to predict the future. Simply, this person is not confident in his abilities and is very afraid of failures, but in order to live calmer, he transfers his complexes to everyone around him. That is, when he sneers contemptuously and says that you will never deliver the project on time, he rather convinces not you, but himself. In general, come to the conclusion that your "fiend" is actually just weak notorious person. After that, you yourself will not notice how you will start to ignore all his remarks.

smart ass

Each of us likes to be smart sometimes, but some of us just have a pathological need to present ourselves better than others. Every single day Egghead tries to brag about one or the other, emphasizes his even the slightest superiority and constantly asks for compliments, which you, as a tactful person, simply cannot refuse him. As Leeds writes, “He must do better than you. Did you set a sales record last month? Great, but he sold more. Do you like this book? He has better. And so on".

How to act. Just like the Skeptic, such a person deserves only pity. If he needs constant confirmation that he is worthy of something, then he is deeply unhappy and insecure.

Dictator

All of a sudden you have another, self-proclaimed boss? It happens. by all possible ways this person will try to impose his methods on you to do the work, because he considers them the only true ones, and everything else for him is heresy. Even if you produce the desired result in deadlines, but at the same time "come in from the other side", the Dictator will make fun of you in every possible way and will remain in the opinion that he knows your work better.

How to act. If the Dictator's claims to power are not confirmed staffing, listen to him in the same way as Egghead, and do it your way. It is much easier and less traumatic for your nervous system how to try to convince him that he is right.

If your actual boss turned out to be the Dictator, you will have to reluctantly do as he wants. Gradually, you will win his trust and recognition that you have at least a drop of intelligence in you. And after that, you can carefully try your methods, asking permission from your boss in advance. The boss dictator loves to know everything, so if you do something - even something good - behind his back, it will really piss him off.

Scoundrel

A typical manifestation of "office" meanness is the theft of ideas (merits, achievements, etc.) in order to later pass them off as one's own. Usually a person who is capable of this tries to ingratiate himself with everyone in the team, everyone likes him and loves everyone himself, but behind his back he probably talks all sorts of nasty things. Gossips can also be attributed to scoundrels - but not ordinary talkers, but those who use personal information for career purposes - stuck (they love to ride on someone else's hump) and sneak, who will not miss the opportunity to report to the authorities about your 5-minute delay.

How to act. It makes no sense to make a scandal and enter into a public confrontation with the Scoundrel. Most likely, his cunning and ability to suck up to the authorities will help him get out of the water dry, and in worst case- and make you look like a fool. If the importance and scale of the idea stolen from you are negligible and the “merit” of the Scoundrel will be forgotten the very next day, it’s better to keep silent altogether and just remember that you shouldn’t be frank with this person. If we are talking about a long-term strategy, the direction advertising company, brand concepts, etc., it is worth discussing the situation personally with your immediate supervisor, and not in the tone of a complaint, but asking for advice. Still, sneakers are also not very fond of.

An employee who constantly makes fun of more timid colleagues, discusses the private life of management or colleagues, feels great in a team. What cannot be said about other representatives of the company and especially about the head of this employee. They say about such people that they have an "evil tongue." Is it worth it to fight with evil tongues» in a team, for what and by what methods? These are the topics of our article.

"Evil tongues" - harmful or beneficial for business?

Under the "evil tongues" in the article we will understand the actions and expressions taken by individual members of the team in relation to others, aimed at their unreasonable and non-constructive criticism, discussion of their qualities and lifestyle, entailing negative consequences for psychological atmosphere in a collective.

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

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

All of these consequences, which 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 this phenomenon be combated and can it be eradicated altogether?

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

Psychological control measures

• public condemnation of the behavior of employees who spread gossip;
• sharp suppression of intrigues in the team;
• "disgrace" of the slanderers from the leadership;
• ignoring the virtues of an employee with an "evil tongue";
• lack of proposals from management for promotion career ladder, receiving additional education;
• increased attention to the quality of performance official duties gossip, etc.

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

Legal methods of struggle

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

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

We declare a remark

Employers need to remember that it is possible to declare a remark if the following components are present in the aggregate:

1. The organization must be accepted and approved in accordance with labor law The Regulation on Ethics or the Code of Corporate Ethics, which expressly provide for the relevant duties of the employee, for example:
   • be polite with the company's customers and colleagues;
   • not allow humiliation of honor and dignity when communicating with them;
   • not to commit acts that could provoke a scandal or uncompetitive struggle within the team;
   • always evaluate and direct your behavior in order to maintain the company's image and a favorable psychological environment in the team;
   • avoid conflicts among colleagues on non-working issues;
   • when solving a controversial problem related to disagreements in work, use only methods acceptable in the company: negotiations, written correspondence, discussion at a conference.
2. The job description and the employment contract must reflect the obligation of the employee to comply with local regulations employer. The Regulation on Ethics and other acts can be given direct references, or you can leave a general indication only of the obligation to comply with all local acts, whatever they may be.
3. With the Regulation on Ethics (other local acts that provide for the style and boundaries of the behavior of employees), job description the employee must be familiarized with a personal signature.
4. Cases of insulting colleagues or inciting a scandal in the workplace, the spread of gossip must be recorded in accordance with the requirements of the Labor Code of the Russian Federation. For example, act. The specified document should describe in detail the behavior of the slanderer, from which the investigation commission will be able to conclude that he has violated discipline (official duties and requirements of local acts).
5. The actions of the slanderer were stopped, there were no negative consequences for the situation in the team and the external image of the company, the violation was insignificant. In this case, the employer can choose an adequate penalty for the violation in the form of a remark.
6. To apply punishment in the form of a remark, the usual procedure for bringing to disciplinary responsibility, provided for in Art. 193 of the Labor Code of the Russian Federation.

Note

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

We announce a reprimand

You can declare a reprimand under the same conditions as a remark. However, an unsightly act should have more significant consequences for the employer, for example, a scandal, a fight within the walls of the office, dismissal a good specialist, customer dissatisfaction or complaints. Thus, for the adequacy of the application of a more severe punishment in the form of a reprimand, it is necessary:

1. Malice of behavior (not the first time punished for "evil tongue").
2. Unconsciousness of wrongness and unethical behavior.
3. Allowing an employee to insult colleagues and clients, and not just caustic, but quite harmless remarks.
4. The negative consequences of an action. Moreover, in this case, the employer should establish a causal relationship between the statements of the employee and the negative consequences that have occurred.
5. Not only universally recognized norms of morality and behavior should be violated, but also the norms of local regulations of the employer (Code of Corporate Ethics, for example), i.е. a violation of discipline by an employee must be documented (by analogy with the previous paragraph).

Bringing an employee to disciplinary responsibility is carried out in the same manner as when announcing a remark (i.e., in accordance with Article 193 of the Labor Code of the Russian Federation). At the same time, it must be remembered that the employee is likely to decide to challenge the punishment order, especially if it is declared for such an “incomprehensible” violation of discipline as spreading gossip, unleashing a scandal or interpersonal conflicts in the team, and will (or may lead) to later to dismissal. And the court does not always recognize the correctness of the employer, both on formal grounds (non-compliance with the procedure for bringing to disciplinary responsibility, for example), and in fact, without finding a violation of the norms of behavior in the actions of the employee.

Arbitrage practice

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The plaintiff applied to the court demanding that the order to bring to disciplinary liability, issued by the employer - the Ministry of Internal Affairs, be recognized as unreasonable and illegal. By this order, she was reprimanded with the wording “for violating the requirements of Art. 2 of the Code of Professional Ethics for an employee 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, in terms of 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 this Code, causing harm to the moral and psychological climate in the team, including: discussion of orders, decisions and actions of senior leaders, implemented within 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 KChR. The plaintiff did not agree with the order, she believed that she had not committed actions that led to a violation of the requirements of the Code of Professional Ethics police officer.

The court, having studied the materials of the internal audit underlying the order, found that they did not follow an unambiguous conclusion about a causal relationship between the plaintiff's actions and the state of the moral and psychological climate in the team. The facts of the discussion of orders, decisions and actions of senior commanders, the spread of gossip were not recorded by the audit, other evidence of this was not presented by the parties to the court. Based on the provisions of the Code, it follows that not any, including a formal violation of ethics, may entail disciplinary liability of an internal affairs officer, but only a disciplinary offense associated with a violation of professional ethical principles and norms. By this case such circumstances were not established, including they were not in the conclusion of the internal audit. Based on the foregoing, the court came to the conclusion that the conclusion of the internal audit is unreasonable and illegal. The court satisfied the demands of the employee, recognizing both the reprimand order itself and the conclusion of the internal audit, which served as the basis for bringing to disciplinary responsibility, illegal and unfounded (decision of the Circassian City Court of the KChR dated March 22, 2011 in case 2-634 / 2011).

As you can see, legal significant circumstance to punish an employee is the fact that the employee’s actions contain a disciplinary offense (see the ruling of the Constitutional Court of the Russian Federation of February 25, 2010 No. 377-О-О).

Dismissing

We note right away: it is impossible to dismiss an employee for slander and gossip, even if he 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 - commission by an employee performing educational functions, an immoral act 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 pretty short term(part 5 of article 81 of the Labor Code of the Russian Federation). How, then, to part with an employee who constantly admits tactlessness in relation to colleagues and does not respond to verbal comments from management and officially announced punishments?

It is not sad, but in most cases the employer has to go a long way: to announce 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 such grounds for dismissal as paragraph 5 of part 1 of Art. 81 of the Labor Code of the Russian Federation - repeated non-performance by an employee without good reasons job duties, 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 grounds can be applied to an employee who makes biting statements dressed in a soft and veiled form, as a result of which they cannot be classified as a violation of the norms of local regulations, for example, the Regulations on Ethics? And in the case when he does not commit other violations of discipline (for example, being late 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 slander in the 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, unless, of course, the organization continues to work). But when applying them, one should always evaluate both the actual possibility of using the base, and the risks of negative consequences.

So, dismissal under paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation - downsizing or downsizing. However, when using it, one should not forget that:

• the reduction must be real, not imaginary;
• the dismissed employee should not have advantages over the rest, i.e. the requirements of Art. 179 of the Labor Code of the Russian Federation;
• gossiper does not fall under 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 also fire an employee for 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). Unless, of course, the employer manages to "catch" the slanderer on a one-time gross violation. For example, on an employee's birthday, catch him drinking alcohol or being intoxicated at the workplace. Which, in general, will not be difficult, since alcohol is often unofficially allowed in the workplace. As you can see keyword here is unofficial. Yes, such actions of the employer may seem ugly, but a reason will be found to part with the violator of the working climate in the team. With regard to employees who do not heed the repeated comments of management, such methods are good.

By agreement of the parties

Employers, taught by the bitter experience of long litigation with employees dismissed for controversial reasons, often prefer to negotiate and dismiss the slanderers under paragraph 3 of part 1 of Art. 77 of the Labor Code of the Russian Federation ( at will) or according to paragraph 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation ( by agreement of the parties). The main thing that is required in this case is the ability of the manager to competently conduct negotiations, avoiding resentment on the part of the employee, but eventually achieving his goal. Agree, the skill is rare. Not every HR manager or a simple personnel worker can do this. However, after studying the relevant literature and some experience, this is achievable.

Example 1

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To part with an ambitious employee who is disloyal to colleagues, but does not allow violations of discipline or failure to fulfill management's tasks, you can use the following conversation scenario.

Part 1. Positive rating business qualities of the employee. Example wording: “As a leader, I see your efforts and appreciate the success you have achieved in completing my last assignment. It was difficult, but very important for the company. You did great with it!"

Part 2. Remarks in the work. An example of the wording: “But along with this, it is impossible not to notice that when you appeared in the team, there was some tension, silence, and the initiative of employees was sharply reduced. Moreover, the turnover of personnel with unclear justifications for the need for voluntary dismissal has increased. While doing last job You failed to properly distribute the workload and responsibility among the staff entrusted to you. Because of what many have gone unnoticed, many will not receive bonuses at the end of the year.

Part 3. Unjustified expectations. Example wording: “When we hired you, our ultimate goal there was the cultivation of the head of the department / sector, which we casually talked about at the interview. However, we voiced the qualities that we expect from such a leader. It was not only about business qualities that we really found in you, but also about personal qualities the head of a large department/sector: the ability to establish contact with each subordinate, correctly distribute tasks between employees, depending on the level of qualification and speed of work. However, we have not yet 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. Even the negative atmosphere in the team is felt. Considering that we have clear parameters for a leader, we are forced to state that we did not manage to grow such a leader from you. Of course, the position you hold also has weight, and you are quite satisfied with the leadership in it. But we cannot offer you more. As far as you need the unpromising for career development place is up to you. Although, on the other hand, what keeps you in this place without prospects?

Part 4. Offer to leave. As a rule, it is in this place that the employee understands the hidden desire of the employer to leave. If an employee directly asks the question: “Do you want me to leave?”, It is important to respond loyally. For example: "We did not say this, but we think that this will be the right decision."

Part 5. Solution. Not always an employee with an "evil tongue" decides to leave of his own free will. In this case, not everything is lost for a peaceful parting with him. If the employer has material resources, he may well offer the employee to leave by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation) with compensation (as a rule, no more than 2-3 salaries).

As practice shows, dismissal precisely for being unethical and outrageous is still possible.

Example 2

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The media vigorously discussed the dismissal of the Mayak radio station hosts V. Kolosova and A. Veselkin, with whom employment contracts were terminated due to on-air discussion in a mocking tone of the symptoms of a serious illness, often leading to death in childhood. The scandalous incident occurred in October last year, when, as part of morning show the program "Sores" was released, in which the presenters discussed the problems of cystic fibrosis with a visiting doctor. During the conversation, the presenters ridiculed the symptoms of the disease, and there was a complete impression that they were not themselves, 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 affect the management's decision to part ways with the employees. The grounds used by the employer when dismissing these persons were not publicly disclosed.

The response is unexpected

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

The courts, studying all the evidence presented in the case, more often come to the conclusion that there is no evidence of any harm caused by an employee in respect of whom legal measures have been taken to combat his habit of gossip and scandal. Nevertheless, even with such a negative practice for employees, disputes with similar subjects of claims occur regularly.

Arbitrage practice

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The employee turned to the employer with a claim for the protection of honor and dignity and compensation for non-pecuniary damage. The essence of the case was as follows: the plaintiff was dismissed from work for absenteeism, but was reinstated by the court in connection with a violation of the procedure for bringing to disciplinary liability. After his reinstatement, he was reprimanded for violating discipline, which, at the protest of the prosecutor, was declared illegal due to the delay in punishment. After the unlawful order was issued, many employees became aware of its content, rumors and gossip began to spread, which caused the applicant great distress, moral suffering, in connection with which he asked to recover moral damages from the defendant. In addition, the plaintiff indicated that his work is currently related to 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 actions of the employer the dissemination of information about the applicant, as well as the discrediting nature of this information. The applicant did not provide any substantial evidence confirming these facts, and therefore the claim was not satisfied (the decision of Pavlovsky district court Krasnodar Territory from 03.03.2011) .

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

There are psychological and legal methods of dealing with "evil tongues". The latter achieve results faster and more efficiently in the form of stopping or reducing the number of gossip, scandals and resentments 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 norms of ethics, behavior and treatment of colleagues established at the enterprise. At the same time, it must be remembered that a legally significant circumstance for punishing an employee is the presence of a disciplinary offense in the actions of an employee.

When using legal countermeasures, 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 "evil language" and a litigation arises, there is a risk that the court will recognize the illegality of the employer's actions when applying judicial authority the position of the European Court in a similar dispute, according to which bringing an employee to liability and disciplinary action for expressing a critical opinion amounts to an interference with his right to freedom of expression.

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

Footnotes

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