There are frequent situations when a person is fired from work for no reason, and the only argument from the management is personal hostility. According to the law, actions that are inconsistent with the signed contract can serve as the basis for breaking off labor relations; in all other situations, termination of cooperation can only be by mutual agreement. In this regard, many employers have begun to practice forced dismissal "on own will».

Since the legal grounds to break labor Relations the employer does not have, then the only way out for him is to create conditions under which the subordinate will express a desire to leave on his own.

Many managers, in order to receive a letter of request to dismiss, resort to the following methods:

• authorized persons present all their actions in a forced form;
• communication with a subordinate most often takes place in a rude or dismissive tone;
• during the conversation, an imaginary “own desire” is imposed on the employee to break off the employment relationship;
• in all areas of activity, the employee is pointed out to his unsuitability and inability to carry out his work (most often these are just nit-picking and attempts to put pressure on the subject, although in reality the person performs all his duties qualitatively);

In most cases, subordinates understand that communication style, increased demands, and many other pressure factors are coercion to dismiss of their own free will, but how to prove such a violation of rights?
Often a manager will present such actions as methods to stimulate employees to get more performance in their business. But in fact, this is not always true.

There are two main indicators that can reveal the true motives of the employer:

1. The goal that is pursued in all conversations.

If the main motive of the director or other authorized person is to promote the professional growth of his employee, then the goals in the conversation will be set differently, clearly not hints at the release of the position.

1. pressure form.

Motivating pressure, as a rule, is much softer and easier to present, and, most importantly, it contributes to the formation within a person of a desire to work more and better, but not to quit.

What is forced dismissal?

In addition to ambiguous phrases and disguised allusions, some officials also use more crude and straightforward methods that are a direct violation of legitimate human rights, both the Labor Code and the Civil Code.

In order to force a dismissal, the manager resorts to the following actions:

1. Intimidation.

In this case, a person is informed that he will be fired, and then they are required to sign an application. Soft and weak-willed people are not able to withstand strong pressure from their leader, and therefore most often decide to leave anyway.

1. Threats.

If a person refuses to sign a document, then the next step, as a rule, is a threat from the employer to fire him under the article, create unbearable working conditions, etc.

1. Falsification of facts.

To achieve success by this method, the manager resorts to the help of other employees (perhaps also under pressure from management), who help create conditions that lead to at least an awkward position for a colleague, and at a maximum, to fines or legal dismissal.

1. Threats directed against the life and property of the subject.

An extreme measure of pressure on a subordinate is the infliction of material and physical harm on him. As a rule, in order to carry out the plan, the director resorts to the help of third parties who are able to fulfill the order on professional level. It is also necessary in order to prove the involvement of the company itself, the victim could not.

Important! This type of onslaught already refers to the offenses specified in the Criminal Code and can lead to the imprisonment of the owner of the company.

Responsibility of the employer for coercion to dismiss from work

If the employee manages to prove his unlawful dismissal by forcing him to sign a resignation letter of his own free will, then the employer will have to answer under the following articles:

• article 5.27 of the Code of Administrative Offenses;
• article 145 of the Criminal Code of the Russian Federation.

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Penalties depend on the degree of violation of the employee's rights. The decision of the court may be influenced by the method of pressure and the consequences in the life of the applicant, after the actions taken for his “voluntary departure”.

At the end of the court hearing, the following types punishments:

• administrative responsibility (payment of a fine to the state treasury);
• civil liability (payment of compensation to the injured subject, as for non-working days, and for moral damages);
• criminal liability (disqualification of the company for a certain period of time, or its complete closure, as well as imprisonment of the head for a period of 1 to 3 years).

Attention! In order not only to punish the culprit, but also to receive good compensation for the harm caused, you should seek the help of professional lawyers who will help you competently draw up an application to the court.

How to protect yourself from being forced to quit?

Such situations have become quite common among many companies and enterprises. In most cases, subordinates do not even realize that the actions of the director are a violation not only of their rights, but also of the legislation of the Russian Federation.

Therefore, they sign the application and are deprived of legal payments, the right to workplace until finding another job and other privileges specified in the Labor Code.
Each situation has its own characteristics and individual nuances that affect further actions.

However, there are several useful tips to help determine what to do next.

1. Analyze whether the result is worth the effort and money spent.

Before taking any step to resolve the conflict that has arisen, it is worth analyzing the entire situation and deciding what will be more effective under these circumstances: signing a statement or asserting legal rights through litigation. It is very important to understand here that the claims filed must be supported by evidence. Possible compensation is capable of both covering the damage caused and not justifying all the time and effort spent to obtain it, and therefore writing claims and lawsuits will not be an appropriate and meaningless action.

1. State your position to the leadership of the organization.

During a conversation with the manager regarding the signing of the application of one's own free will, it is necessary to voice your position (refusal to sign the document) and justify this with articles from Labor Code as well as the terms of the contract. Pointing out the illegality of actions, first of all, you will demonstrate knowledge of your rights, which can positively affect the further actions of the manager, and, of course, this will serve as evidence during court proceedings.

1. Become an exemplary employee of the company.

It should be understood that in the situation the main objective pursued by a director or other official is your dismissal, and therefore every mistake or inattention can negatively affect the further development of events. During this period of time, you should strictly follow work schedule day, to perform their duties with high quality and conscientiousness, not to allow delays or any other blunders.

Important! Receipt of tasks and a report on their implementation should be done in writing. If the case goes to court, then these papers will serve as evidence that the manager violated the terms of the contract or found fault with the employee unreasonably.

1. Prepare for possible provocations.

Modern legislation establishes a clear exhaustive list grounds for dismissal. Any additions or free interpretation of the norms of the law are unacceptable.

Provides for a number of circumstances in the event of which an employee may be dismissed at the initiative of the employer. In the case of the liquidation of an enterprise or a reduction in the number of its employees, problems, as a rule, do not arise. But such grounds as the candidate's inconsistency with the dismissal of his position, a gross violation or failure to fulfill his job duties, absenteeism or appearing at the workplace in a state of intoxication require a thorough check of their authenticity and appropriate execution, otherwise termination employment contract will be deemed illegal.

Insufficient qualifications of the employee, that is, the inconsistency of his position, must be confirmed by the results of the certification; absenteeism, that is, absence from work for more than four hours, is properly recorded; the establishment of the fact of intoxication is carried out only by a medical examination.

At the same time, certification involves compliance with a number of standards, in particular, a corresponding order is issued in advance, which must be submitted to the employee for review. This document should reflect the timing of certification, the procedure for its production and other significant points. In addition, from the moment the employee is recognized as inappropriate for the position held, the employer has exactly two months to decide on his dismissal. Later, this will no longer be possible, you will have to be allowed to work or transferred to another position.

As for absenteeism or other violations of the official schedule, dismissal in this case is one of the types of disciplinary action, the imposition of which also requires compliance with a certain procedure. So, for example, it is possible to punish a faulty employee only within six months from the moment the fact of misconduct is established. It is also necessary to obtain an explanation from him or record the refusal to provide it. And only after that it is possible to issue a dismissal order and present it to the employee for signature.

Despite this, dismissal on negative grounds does not oblige the employer to warn the employee about this in advance, however, it turns out that getting rid of an objectionable employee is not so easy. Therefore, unscrupulous managers often prefer the path of least resistance, in other words, they practice pressure on their subordinates in order to force them to resign of their own free will.

Protection against forced dismissal

Wanting to receive a coveted letter of resignation from an employee, the manager can use various methods of influence. As a rule, everything depends on the personality of the employee himself: for some, a short personal conversation is enough, the end of which will be a “persuasive request” to voluntarily leave their position, while in the case of others, more weighty arguments have to be given, up to making threats. As an option, an alternative can be offered - dismissal of one's own free will or for negative reasons.

The most unprincipled leaders often resort to outright forgery, making a statement on behalf of their subordinate, or, much more often, offering to sign a document with an open date.

The question "who is to blame" in this case is irrelevant, it is much more important to decide what to do. Unfortunately, there is no universal means of fighting for one's rights, but knowledge of some legislative norms and observance of elementary rules of conduct at work may well come in handy:

• a categorical refusal to write an application, supported by the legal framework. So, it will be interesting for the employer to know that on March 17, 2004, the Plenum of the Supreme Court of Russia issued Resolution No. 2, according to which the dismissal of an employee on his initiative is possible only if the application was the result of his voluntary expression of will. And any falsification in the application will be easily detected by handwriting examination.
• impeccable observance labor discipline down to the smallest detail. Provocations are possible, for example, the offer of alcohol under a plausible pretext. You need to be prepared for this and under no circumstances give in to the temptation to accept such an offer.
• when receiving oral orders from management, it is worth demanding their written execution. This may be useful in the case when such orders are obviously impracticable - the employee also retains the right to submit a reasoned opinion in writing on the impossibility of fulfilling the task. It makes sense to record any disputes and disagreements that arise - in cases where going to court cannot be avoided, such materials will be useful as evidence of the fact of forced dismissal.

Punishment by a manager for forcing an employee to quit

As practice shows, the courts quite often take the side of an employee in the event of his dismissal on the basis of an application written without specifying a date, or falsification of such an application.

Proving that forced dismissal really took place is not easy, but if justice prevails, dishonest employer may be brought to administrative responsibility under Art. 5.27 of the Code of Administrative Offenses of Russia. And for the unlawful dismissal of a pregnant woman, criminal liability is provided for under Art. 145 of the Criminal Code. Freedom for this, of course, will not be deprived, but compulsory work and a hefty fine.

If the employer forces you to quit without good reason, this is a direct violation of the rights of the employee and labor law. It is possible to appeal against such actions of the employer, but it is difficult, therefore it is necessary to collect various evidence even before the moment of dismissal.

Unfortunately, the current legislation does not contain an article that fully discloses such a topic as coercion to dismiss, and, accordingly, there is no punishment for such an act.

Therefore, it is necessary to refer to the provisions of the law governing individual cases:

1. Article 145 of the Criminal Code of the Russian Federation contains a measure of responsibility for the illegal dismissal of a pregnant woman. It is very significant - either a fine of up to 200,000 rubles, or a referral to corrective labor for up to 360 hours.
2. In all other situations, you can be guided by article 5.27 of the Code of Administrative Offenses of the Russian Federation. It provides for the punishment of the employer for violation of labor laws. Here the punishment is much lighter: a fine official up to 5,000 rubles, legal up to 50,000 and in the most severe cases, disqualification of an official.

Under these articles, the employer will be involved only after it is proved that the dismissal was illegal.

What are the grounds for being fired under duress?

Usually, the employer offers the employee two grounds for terminating the contract:

• Writing a resignation letter of your own free will.
• Sign an agreement on dismissal by mutual decision of the parties to the employment relationship.

In this case, the management of the enterprise pursues the goal that the employee himself “expressed a desire” to leave work, since legal grounds for dismissal at the initiative of the employer he does not have.

How to behave if you are forced to quit

How should an employee behave when they are forced to write a letter of resignation, but he does not want to do this? You can use the tips below:

1. It is necessary to carefully study all documents related to work, especially the employment contract and job description. See how clearly they are painted, and whether they contain the requirements that the employer makes. The fewer details the instruction contains, the better for the employee, since according to established practice, all doubts are interpreted in favor of the employee.
2. All documents that the employer offers to sign must be carefully read and you can safely refuse to sign. And never sign anything. backdating. If, when registering an employee for a job, the personnel officer made a mistake and did not familiarize him with all necessary documents, this is also a plus for the employee who is being fired.
3. If the organization has a trade union, you must become a member. If it is not there, you can independently initiate the creation of a primary trade union organization in the company and become its chairman. It is problematic to dismiss a person occupying this position even at the initiative of the employer. In order to get detailed advice on this issue, you need to contact the union of trade unions, which still exist in almost every subject of the federation. The employer has no right to prohibit the formation of a trade union.
4. Implementation must be closely monitored job description so that the work performed cannot be faulted. The same applies to internal labor regulations.
5. If possible, accompany all actions with written documents, request from the employer all copies of official investigations and other documents.

Where can I turn if my employer is forcing me to quit?

You can also contact a third party to protect your rights - in organizations that resolve disputes between an employee and an employer:

• State Labor Inspectorate
• Prosecutor's office

You can contact the above authorities both after dismissal and to protect your rights until the termination of the employment contract.

The second option is preferable, because if the employer still forces the employee to write a statement or sign an agreement, it will be much more difficult to prove the moment of pressure.

You can appeal not only the fact of dismissal, but also other illegal actions of the employer:

1. Illegal deprivation of bonus payments;
2. overlay disciplinary action;
3. Non-observance by the employer of his duties (issuance of overalls, provision necessary materials etc.).

You can contact any of the above institutions, or several at once.

In the event of an appeal against the completed dismissal, it is necessary to have time to meet within a month from the date of receipt of the work book.

How to prove that the employer is forcing you to quit

The fact of coercion to dismiss the employee will have to prove. The following materials may serve as evidence:

• Written appeals to the employer and vice versa;
• Copies of official investigation materials;
• Video and audio recordings of conversations with the employer.

The necessary evidence must be taken care of in advance, even before dismissal.

Coercion to dismissal is illegal and, if there is evidence, the employee can challenge it and be reinstated. At the same time, as practice shows, it becomes problematic to continue working in this organization. Therefore, most workers are restored, receive due compensation for forced absenteeism, and are fired again.

On the other hand, the employee needs to adequately assess his strengths and capabilities, if the employer has a real reason to dismiss him under the article, then it is better to agree and write a statement of his own free will and not spoil the work book.

In the Labor Code forced dismissal is not subject to special provisions, and the employer can use many tricks to force a person quit . How to protect your interests?

Under what circumstances can you be forced to leave?

People often do not know their rights well or are simply afraid to go against the system. But if, in such a situation, dismissed will not be at a loss and will collect enough evidence that an illegal and forced dismissal will be able to keep the position or receive monetary compensation.

The reasons why an employer forces an employee to write an application for voluntary dismissal , most often lie in the desire of management to save money or time. force employee to be fired can in the following situations:

1. Downsizing state or liquidation of the enterprise.
2. The employee is allowed systematic or serious violations of the labor schedule.
3. The qualifications of the employee do not correspond to the position he occupies.
4. Personal dislike or desire to attach "your" person to the position.

By law, compulsion to dismiss at will on the part of the employer is unacceptable, the definition itself initially assumes only the desire of the dismissed person to terminate contract.

How to recognize coercion to quit?

If a person is satisfied with his position and salary, then any attempts to force him to refuse this position fit the definition of " forced dismissal ". An employer can exert pressure in the following ways:

1. Report that the quality of work is not satisfactory, and offer to quit on your own.
2. Threaten to fire under the article if the employee does not agree to do it himself, or threaten with physical harm.
3. Find fault and fine for the slightest offense, deprive bonuses and so on.
4. Openly violate the rights of an employee: reduce his salary, demand overtime work, and the like.
5. Issue documents retroactively or forge the signature of an objectionable employee.

According to article 81 of the Labor Code of the Russian Federation, in order to dismiss an employee against his will, you need not only good reasons, but also compliance with the procedure for terminating the contract. The employee must be notified in writing of the decision made within 2 to 6 months, depending on the reason.

Moreover, in some cases, compensation payments. Here are unscrupulous leaders and forced to quit under article 77 of the Labor Code, which contains general grounds for dismissal.

How to legally protect yourself from the pressure of management?

Anyone can face the situation forced layoffs . In such cases, you should be prepared for the following actions:

1. Notify management of your knowledge of the area labor law and the illegality of what is happening.
2. Accurately follow the working order, instructions to request in writing so that the management does not have a reason for nit-picking.
3. If the employer creates provocative situations in order to compromise the employee, make sure that there are witnesses who can speak in court.
4. If there is such an opportunity, it makes sense to think about transferring to another division of the company.
5. If the current work is not too important, forced dismissal by agreement of the parties You can turn it to your advantage by insisting on monetary compensation.
6. Draw up a statement of claim in court, providing evidence of violations by the employer.

Knowing your rights, you can solve a similar problem on your own or seek help from a lawyer.

Nuance! Having discovered the knowledge of the intricacies of the law and the determination of the employee, the management usually prefers to resolve the issue in a peaceful way that suits both parties.

Where to apply, and what evidence of coercion do you need to have?

It is quite difficult to achieve justice in case of illegal dismissal. But, knowing what evidence will be accepted by the court, you can defend your rights. When contacting labor inspection or the prosecutor's office, before signing the letter of resignation, the relevant services will conduct an audit and issue a warning to the employer about the unlawfulness of his actions. If the application has already been signed, but the person does not want to leave, there are three solutions:

• write a complaint to the labor inspectorate;
• apply to the prosecutor's office;
• file a lawsuit in court.

The deadlines for contacting the authorities are limited to a month after the termination of the contract.

Sample application to the labor inspectorate.

The labor inspectorate or the prosecutor's office will check the data and, if the alleged violations are found, they will take the case to court. In order to prove in court the fact of forced resignation from work, the following evidence is needed:

1. Written evidence or audio recordings of disputes, disagreements and threats from the administration of the enterprise.
2. Copies of orders indicating coercion to quit: deprivation of bonuses, fines, demotion, and so on.
3. Testimony of people who saw and heard threats and demands to vacate their positions.

If immediately after the termination of the employment contract, another person is hired for the vacant position, this may serve as evidence of the employer's prior knowledge of the vacant vacancy.

Attention! heavy financial position and other adverse conditions resulting from the loss of a job can also indirectly confirm what happened compulsion to quit.

How does pressure on an employee threaten an employer from a legal point of view?

Of course, for forcing an employee management is not threatened with a prison term for dismissal, but still they will have to answer for violations of rights. Depending on the severity of violations, the following types of penalties are applied:

1. Disciplinary penalties under labor law.
2. In accordance with administrative law - the imposition of a fine and material compensation to the victim, followed by reinstatement (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
3. When forcing the dismissal of a pregnant employee, management will incur criminal liability from forced labor to suspension entrepreneurial activity(Article 145 of the Criminal Code of the Russian Federation).

In case of detection of forgery in documents or damage to health from psychological or physical pressure, criminal proceedings may also be initiated against the perpetrators.