Problem

I had the following problem: I have been working in an organization for a year and a half, where from time to time they are forced to go to work on weekends, as well as stay late at work. No applications are made and no payment is made accordingly. Until now, this did not particularly bother me, but the following situation occurred: in the organization, the secretary retired, while an employee is being selected, her place is not occupied by anyone. The director told me that within a month, until she selects an employee, I must perform official duties both his own and the secretary. Of course, without any statements and payment, again on a voluntary-compulsory basis. To my attempt to object, she answered me, “Either you are sitting in the waiting room, or you won’t work here at all anymore, I don’t need to bend my show-offs here!” I understand that this is not legal, but what should I do in this situation, how to deal with the arbitrariness of the authorities? I really count on your help!

Solution

Good afternoon!

Yes, of course, everything is clear, forced labor is prohibited by law, and the Labor Code of the Russian Federation is Article 4 and the International Convention.

But, yes, something must be done, and even more so if you need evidence and witnesses to go to court.

What do you do, but do the following: collect this evidence!

1. Start a notebook or something like a diary, where every day you will write down these threats without emotions, only with facts, for example, on such and such a date at such and such a time in the presence of such and such witnesses, I was told this and that. Yes, bossing and mobbing problems are common all over the world and arbitrage practice is not very rich in examples, but these practices are very extensive in international courts, and based on these courts, such a notebook-diary serves as good evidence.

2. The second point, I would like to clarify, but your salary is white or mixed, when you may not be paid something. If mixed, then again collect evidence that there is a black part, just now you need to remove resentment, emotions and start preparing your defense. Gather evidence in any way, preferably documentary, that there is a black salary.

And if your salary is white, then I can say that if you were not assigned the duties of a secretary, as required by law, then just do this work badly, badly, because they won’t even be able to punish you for this, orders, contracts, job descriptions you didn’t sign, so they can’t even punish you in this case, even just announce a remark or reprimand, there are no grounds for this (well, of course, if the salary is white). Work very poorly, while pretending to be surprised, constantly come to your boss with questions that you didn’t understand something, or something you need to show or where to find, draw her into the process of fulfilling the duties of a secretary, while with an innocent look, saying constantly, that you are very, well, trying very hard, but something is wrong with you.

I have been a personnel manager for 20 years, of course, I give these tips to the detriment of myself and colleagues like me, but when you are on the neck, you need to learn to shoot people from the neck. Sometimes, such situations were also with me.

If the salary is black, then first collect evidence about this, and then move on to the poor performance of secretary duties.

3. Learn to say the word NO, you yourself have taught the employer that he treats you as one who can do everything and you don’t even need to encourage her for this, look around in the team if everyone is in the same position as you, take a closer look at them, how they behave, so that they are treated with sympathy, with pity, that they need support and especially material support.

Study your boss, her weaknesses, her marital status, learn to speak the same language with her, put her in a situation where she will have to see you as a person, with similar problems, weaknesses, so that she identifies herself a little with you, oh, how similar you are, can you she threaten herself, but hardly. It's called manipulation, it's what they do to you, only you have to turn it away from you. Of course, this is already psychology, and life experience, and the ability to get along with people, and the ability to influence them, but you need to do something, maybe you won’t get the result in this situation, but in the next situation it may not even arise.

4. Find more good reasons when you have to be absent from work - b \ l, go urgently to the dentist to treat a toothache, while bringing a certificate that you were at the dentist’s appointment, in general, you can find many reasons for situations to arise when you have to be completely absent or ask for time off for good reasons.

There is an opportunity to oversleep, stand in a traffic jam, even if they tell you for it, let them threaten you, let them yell, but you stay calm and just ask, what do you offer, what way out do you see from this situation, i.e. you don’t make excuses, yes you agree, you were late, overslept, stood in a traffic jam, but you don’t make excuses, but you want to hear some kind of proposal, what should you do in a situation where the whole city is in a traffic jam and now this is a common situation, engage in dialogue.

5. When they begin to point out to you that you are doing a bad job, that you have a mess in your papers, answer, and what does it mean bad, or a mess, this is just an adjective and a noun, you need specific comments and suggestions, you need facts, what they hide underneath these words and again you are not in the position of a guilty and justifying, but are already translating the monologue into a dialogue, you want some kind of explanation, you want to hear the specific position of your leader.

“Who, if not you?”, “No one will do it except you!”, “There is no one else to turn to” - if you regularly hear such phrases, then you are in good standing with your superiors. True, experts say, if for the sake of this high mark you have to take on other people's duties, work evenings and weekends, and all this is free, then most likely you are skillfully manipulated.

Experts from the recruitment portal HeadHunter Ukraine gave some advice on how to tactfully refuse your boss or colleagues and stop working "for yourself and that guy."

So, experts say, it is certainly wrong to work for two, or even for three, for one salary. But, first of all, let's note the pluses of the fact that you are assigned the additional work.

1. You are valued, so your position at work is stable, most likely, there is no threat of layoffs.
2. You are a real professional in your field, and doing someone else's work is not too difficult for you.
3. Doing a lot of work in short time, you gain experience and temper.
4. Your boss marks you, so the chances of getting promoted career ladder are high enough.
5. You have every reason to ask for a pay rise.

How to say "no"

Perhaps, after reading this list of advantages, you have decided for yourself that everything suits you. However, it is possible that neither a new position nor a salary increase will shine for you. How to be in this case?

• Offer to share the responsibilities among everyone. For example, if one of the employees of your department went on vacation or quit, then, instead of completely "picking up" his work, tactfully advise delegating his duties to all employees of the department or neighboring departments.
• Clearly define the timing of "help". For example, in the case of a colleague's vacation, say that you are ready to do his work for exactly one week.
• Discuss your reward. For example, say that you are ready to take on the responsibilities of a colleague who has left, but what bonus can you expect at the end of the month?
• If you are offered to do someone else's work under the guise of "help", you can say that you are very pleased that they turned to you, but now you are busy doing your job.
• It is possible and necessary to help others, but still think a hundred times before offering help voluntarily. The fact is that next time they will already count on your help, and it will be much more difficult to refuse.

At the same time, experts note that in some cases the inability to say "no" is due to too vague job responsibilities in the company. The employee believes that this is not his job, but the boss thinks differently. The responsibility for this partly lies with the employee himself, who did not specify the list of his duties at the time of hiring.

"Even if you agreed, it's not forever"

Psychologists say that the first thing every person needs to do is to overcome their habit of agreeing to everything. Yes, it is difficult, unpleasant and uncomfortable to refuse, but who said that at work and in life everything should be pleasant and comfortable?

“Actually, refusing the boss’s order does not mean going into conflict at all,” says business coach Marina Derkach . - For example, you can simply list your current tasks to the boss and ask for help to determine priorities. In any case, you should not make excuses for a long time, apologize, or, even more so, "pull the cat by the tail", without saying either yes or no. It's annoying, even more than a rejection."

It happens that the task assigned to you is difficult, unpleasant, and even has nothing to do with you, but the consequences of its failure can be catastrophic. In this case, of course, the task must be completed. But, experts advise, you should not leave the conversation - it is important to show that your consent to do the work is not given "once and for all." Therefore, after completing the work, be sure to inform the boss that you worked in emergency mode and therefore would not like a repetition of such situations in the future.

They say the road to hell is paved with good intentions. And, probably, you begin to understand the meaning of this phrase especially clearly when, out of the kindness of your soul, you offer a colleague to help with the performance of his duties, and then you yourself do not notice how this colleague is already climbing onto your fragile neck and preparing to hang his legs. In general, this is a rather risky undertaking - to take on the solution of other people's problems and do it regularly.

However, it is not at all necessary to voluntarily agree to perform other people's duties, sometimes they fall on our heads regardless of our desire. It is enough just to quit one of the colleagues, and the authorities will immediately offer to save the company from the "collapse" - to temporarily work for a person who has not yet been found for an empty position. And it happens in a different way: guided by the attitude “if you want it done well, do it yourself”, we did someone else’s work a couple of times, instead of explaining to the person what his mistake was. As a result, part of the duties of the mistaken one imperceptibly becomes ours, and no one thinks to pay extra for the work.

How to behave in such a situation? Some will just give up and continue to take on too much burden on their shoulders, complaining about the lack of time for communication with family and rest. And others will think - should they do something that does not belong to the circle of their duties at all? And if not, how to get rid of unnecessary things? If you are determined to put spoiled colleagues and bosses in their place, then our advice will help you.

Think Before You Offer Help

Kindness is a wonderful quality, but many do not appreciate it and believe that you can “ride” a kind person, ask him for any services and never stumble upon a refusal. That is why it is worth being kind in moderation, especially with work colleagues. If you see that one of them is toiling, tearing his hair and complaining that he catastrophically does not have time to fulfill this or that order of the boss, then think ten times before offering your help.

Firstly, the initiative is punishable, and your great desire to help (after all, no one even asked you about it) will be regarded as a green light of a traffic light - now you can be loaded like a draft horse. Secondly, it will be much more difficult to refuse a colleague's request next time - being sure that such "charity" makes you happy, he will be extremely surprised why you suddenly ignore his suffering. Some may even take offense at you for your callousness.

stand your ground

If there are more other people's duties than those spelled out in your job description, and it now takes almost the whole day to complete them, but about lifting wages and there is no question, then it's time to have a serious talk with the authorities. Only the boss can solve such a problem, but you must understand that without your initiative, no one will even think of changing something. Therefore, go to the manager and, having described the current situation, ask either to release you from unnecessary work or increase your salary.

Of course, the boss may take such a statement as an ultimatum and, angry, refuse both the first and second options for solving the problem. In this case, you just have to write a letter of resignation. That is why it is worth going to the boss’s office only if, in case of failure, you are ready to say goodbye to exhausting work.

Negotiate terms

If you have to combine your own and other people's duties because they are only looking for a person for the second position, then do not forget to agree in advance with your superiors the terms of work as a “double agent” and the amount of additional payment for your “exploits”. In this way, you will let the boss know that you will never carry an extra load on yourself forever. If the boss avoids answering and suggests that you “work for now, and then we’ll see,” then explain to him that your strength is not unlimited and sooner or later you will no longer be enough for everything at once, so it would be better if new employee found as soon as possible.

cheat

If spoiled colleagues and bosses do not want to understand you and regularly ask you to do someone else's work, then you will have to give up principles and play the performance of one actor. Step on the throat of your own diligence and simply put aside assignments that do not directly concern you. Perform your duties all day long, and closer to its end, when the dangling legs fan asks if everything is done, pretend to be very tired and say: “Sorry, I didn’t have time. So many things, so many calls! Like a squirrel in a wheel!

The next day, repeat the script, and on the third day, fix the result. You will see that such a situation will not suit a colleague, and he will decide either to find a new victim, or to do everything on his own. By the way, if you can’t just ignore the request, then complete the task assigned to you with errors. In the end, although you are an expert, but only in your field, you should not know the nuances of someone else's work.

Life, the thing is not unambiguous and complex, at first labor activity a person is looking for a job, looking for a place where he could apply his skills in practice, then he begins to struggle with doing only the work that he agreed on in advance, and not the one that the management imposes on him.

Although in our time there are more and more cases when a manager tries to impose on an employee an “extra” job for him, i.e. he actually abuses his powers. And what can an employee object to such a boss?

How can he deal with such situations, and at the same time not lose his job, which he has been looking for for so long? After all, most often it is the loss of a job that makes many people do work that goes beyond their functionality.

Refusal to work - right or dismissal?

Remember that if you are forced to do work that you should not do due to your official status, but you are forced to do it, and this is motivated only by the fact that someone still needs to do it, then this is not legitimate. Here on the face of a direct abuse of his official position as a boss, forcing you to do what you should not do.

If you turn to labor law, then you can see an article there that regulates just such moments, i.e. it clearly states that the employer does not have such a right to require employees to perform work that is not indicated in their employment contracts or contracts.

Moreover, everything that an employee must perform, i.e. everything that is included in it functional responsibilities prescribed in the job description. And the employee must sign this instruction when accepting him for this position.

Only under a confluence of relevant circumstances, the employer has the right to demand from the employee that he perform any work that is not indicated in his job description. And these circumstances are:

• situations that can be attributed to force majeure situations;
• accident cases;
• situations when a natural disaster occurs, etc.

And therefore, if there are, in principle, no such circumstances listed at your work and in the city, then the employee may well legal grounds refuse to perform those duties that his management imposes on him, and if such duties are not specified in the job description that he signed, or they are not specified in his employment contract.

At the same time, it is impossible to dismiss an employee due to the fact that he refused to perform such work - this is not legal. The only option for the authorities may be an offer for the employee to combine his main duties with additional work, but all this must be documented, and there must also be an appropriate remuneration for this work.

At the same time, the amount of such remuneration should be approximately the same as that received by another employee who performed this work as his main duties.

But, when an employee does not want to perform additional work even for remuneration, then he cannot be forced. There is no such legitimate mechanism for forcing a person to work where he does not want to work.

If a dispute arises between an employee and his employer on the basis of his job duties, then the commission resolving labor disputes, as well as through the courts, is engaged in resolving such a dispute. And if the enterprise has trade union committee, then when resolving a dispute, his participation is simply mandatory.

The main thing to remember is that it is your right and even the duty to defend your rights if you see that they are being violated, and are completely sure that the truth is on your side. Good luck with your work!

Problem

I had the following problem: I have been working in an organization for a year and a half, where from time to time they are forced to go to work on weekends, as well as stay late at work. No applications are made and no payment is made accordingly. Until now, this did not particularly bother me, but the following situation occurred: in the organization, the secretary retired, while an employee is being selected, her place is not occupied by anyone. The director told me that for a month, until she selects an employee, I must perform both my duties and those of the secretary. Of course, without any statements and payment, again on a voluntary-compulsory basis. To my attempt to object, she answered me, “Either you are sitting in the waiting room, or you won’t work here at all anymore, I don’t need to bend my show-offs here!” I understand that this is not legal, but what should I do in this situation, how to deal with the arbitrariness of the authorities? I really count on your help!

Solution

Good afternoon!

Yes, of course, everything is clear, forced labor is prohibited by law, and the Labor Code of the Russian Federation is Article 4 and the International Convention.

But, yes, something must be done, and even more so if you need evidence and witnesses to go to court.

What do you do, but do the following: collect this evidence!

1. Start a notebook or something like a diary, where every day you will write down these threats without emotions, only with facts, for example, on such and such a date at such and such a time in the presence of such and such witnesses, I was told this and that. Yes, the problems of bossing and mobbing are widespread all over the world and judicial practice is not very rich in examples, but international courts have these practices and they are very extensive, and based on these courts, such a notebook-diary serves as good evidence.

2. The second point, I would like to clarify, but your salary is white or mixed, when you may not be paid something. If mixed, then again collect evidence that there is a black part, just now you need to remove resentment, emotions and start preparing your defense. Gather evidence in any way, preferably documentary, that there is a black salary.

And if your salary is white, then I can say that if you were not assigned the duties of a secretary, as required by law, then just do this work badly, badly, because they won’t even be able to punish you for this, you didn’t sign orders, contracts, job descriptions, therefore they can’t even punish you in this case, even just announce a remark or reprimand, there are no grounds for this (well, of course, if the salary is white). Work very poorly, while pretending to be surprised, constantly come to your boss with questions that you didn’t understand something, or something you need to show or where to find, draw her into the process of fulfilling the duties of a secretary, while with an innocent look, saying constantly, that you are very, well, trying very hard, but something is wrong with you.

I have been a personnel manager for 20 years, of course, I give these tips to the detriment of myself and colleagues like me, but when you are on the neck, you need to learn to shoot people from the neck. Sometimes, such situations were also with me.

If the salary is black, then first collect evidence about this, and then move on to the poor performance of secretary duties.

3. Learn to say the word NO, you yourself have taught the employer that he treats you as one who can do everything and you don’t even need to encourage her for this, look around in the team if everyone is in the same position as you, take a closer look at them, how they behave, so that they are treated with sympathy, with pity, that they need support and especially material support.

Study your boss, her weaknesses, her marital status, learn to speak the same language with her, put her in a situation where she will have to see you as a person, with similar problems, weaknesses, so that she identifies herself a little with you, oh, how you look alike, will she be able to threaten herself, but hardly. It's called manipulation, it's what they do to you, only you have to turn it away from you. Of course, this is already psychology, and life experience, and the ability to get along with people, and the ability to influence them, but you need to do something, maybe you won’t get the result in this situation, but in the next situation it may not even arise.

4. Also find good reasons when you have to be absent from work - b / l, go urgently to the dentist to treat a toothache while bringing a certificate that you were at the dentist’s appointment, in general, you can find a lot of reasons so that situations arise when you have to be absent completely or take time off for good reasons.

There is an opportunity to oversleep, stand in a traffic jam, even if they tell you for it, let them threaten you, let them yell, but you stay calm and just ask, what do you offer, what way out do you see from this situation, i.e. you don’t make excuses, yes you agree, you were late, overslept, stood in a traffic jam, but you don’t make excuses, but you want to hear some kind of proposal, what should you do in a situation where the whole city is in a traffic jam and now this is a common situation, engage in dialogue.

5. When they begin to point out to you that you are doing a bad job, that you have a mess in your papers, answer, and what does it mean bad, or a mess, this is just an adjective and a noun, you need specific comments and suggestions, you need facts, what they hide underneath these words and again you are not in the position of a guilty and justifying, but are already translating the monologue into a dialogue, you want some kind of explanation, you want to hear the specific position of your leader.