The main methods of dealing with unscrupulous employers. Tricks of unscrupulous employers at the interview How not to run into unscrupulous employers

The All-Russian Internet survey of the job search portal Joblist.ru showed that 87% of Russians have encountered unscrupulous employers. 60% of them noted that, having got a job, they did not receive a salary due to their debt, and 34% did not receive it at all. According to 30% of respondents, instead of the promised official salary, the employer paid them wages “in an envelope”, unofficially, and 29% of the respondents were delayed in signing the contract. The majority of workers (42%) quarreled with the employer in an attempt to solve the problem, 22% threatened to sue, and 6% carried out their threats and went to court.

36% of respondents believe that for non-observance of the rights of workers, it is necessary to deprive unscrupulous employers of the right to conduct business. According to 31% - it is necessary to impose fines from the state. And 16% noted that nothing needs to be done, since such a situation is the norm in our country.

By the way, according to COMCON, Russian workers do not defend their labor rights. They easily succumb to the persuasion of managers to write a letter of resignation on own will or to amend the employment contract with the deterioration of wage conditions.

The obedience of workers and the unwillingness of employers to reckon with the interests of employees have always been hallmarks Russian market labor. The crisis has only highlighted these features more clearly. Of all those fired, 65% left their jobs, signing a statement of their own free will, succumbing to the persuasion of their superiors, while 68% of them have not yet been able to find a job.

Workers are so intimidated, so afraid of losing their jobs, that they are not ready either morally or physically to defend their interests. In addition, according to Sergey Dubov, a business coach at Nanoprom, it is not customary in our country to argue with the leadership, and most ordinary workers regard those who try to download rights as brawlers who want to fill their own worth.

"Since the early 1990s Russian business has come a long way in the development of civilized business relations. Just a few months of the crisis begin to swept away our achievements, ”comments the situation. CEO COMCON Elena Koneva.

COMCON research shows that many employees left with nothing. Only half of them (47% of those surveyed) received a full payment at the time of dismissal, as prescribed by law. Only a quarter (24%) paid an allowance in the amount of two months' average monthly earnings. Less than a quarter of all respondents - 23% - warned about the upcoming cuts.

On the one hand, there is nothing surprising in the fact that many quit at the first request. Everyone is well aware that if the director decides to say goodbye to the employee, he will find a way to do it. If a person does not want to quit “in a good way”, you can find a way to fire him “in a bad way”. Work for him will turn into a fight for workplace. “Firstly, there are one-time grounds for terminating the contract, for example, failure to appear at the workplace for four hours. This qualifies as truancy. The appearance at work in a state of intoxication is not necessarily real, it can be adjusted and drawn up an act. And then they say to the employee: “If you want, sue.” Usually they don’t want to, ”says Igor Simonov, a lawyer at the Moscow Bar Association Knyazev and Partners. Other grounds are repeated reprimands (if you wish, you can find reasons for them), repeated delays. Convince employees to take a layoff working week even easier: everyone understands that there is not much choice.

What exactly was the negligence of the employer?

Answer

Percent

Didn't pay salaries on time

Didn't get paid at all

They promised to pay salaries officially (“white”), but they paid “in an envelope”

For a long time they refused to conclude an employment contract

Fined under various pretexts

Refused to pay vacation

Didn't go on vacation

Refusing to pay sick leave

Other

How long have you been unpaid for?

Answer

Percent

Month

2 months

3 months

4-5 months

6-7 months

8-9 months

10-12 months

Over a year

If an employer does not respect the rights of its employees (does not pay salaries on time, pays salaries “in an envelope”, “refuses to pay vacations”, etc.), what kind of punishment does he deserve?

Answer

Percent

Deprivation of the right to conduct business

State fines

None, in our country this is the norm

Deprivation of liberty

Difficult to answer

Other

At the same time, 42% of employees became eyewitnesses of an emergency at work. The majority are sure that there is no one to blame for what happened, the circumstances just happened (47%). At the same time, every third (32%) noted that carelessness of the leadership led to such circumstances.

70% of the interviewed participants in the events were ready for the emergency, and 19% figured out what to do during the emergency itself. 9% of respondents admitted that they were absolutely not ready for such a situation.

Have there been any emergencies in your company that have suspended labor activity and threatening people's lives?

Answer

Yes, accident

Yes, fire

Yes, flood, flood

Other (raider seizure, part of the building collapsed, bomb, robbery, etc.)

Do you have technical problems at work that prevent you from doing your job comfortably?

Yes, office equipment does not work, equipment at the workplace

Yes, the phone, Internet (communications) is turned off

Yes, the power goes out

Yes, the bathroom is not working.

Yes, the plumbing is broken.

Yes, batteries are not working in the office in winter

Never

Rarely (less than once a year)

Sometimes (several times a year)

Often (almost every month)

Other problems:

"lack of ventilation and air conditioning"

"huge gaps in plastic windows"

“shortage of spare parts for repairs, rush to service, lack of control, technical condition leadership, replies, forgeries ... "

"lack of ventilation in used basements"

“internal financial jambs of the bank that even the authorities cannot explain”

"A/C didn't work during hot weather"

“2 winters worked in an unheated room”

“I want to work with people who will respect themselves and production”

"disconnection of technical water, air, breakdown of production equipment, tax, police, etc."

“the neighbors flooded the office from above, their battery burst”

"no job"

“the roof was leaking, the steps on the stairs were failing, the heating boiler was dying out”

You come to the interview and on the way back you fly like on wings. I liked everything, everything is wonderful; and you approached the employer, cheers! And only after a month or two it turns out that the salary here is not paid on time, you need to work overtime, you can not count on the support of colleagues in difficult situations. How to recognize at an interview that this job will not be so hot, and refuse a “tempting” offer?

Unfortunately, there are no guarantees. If you only offer the employer to take a polygraph test ... Since this is a fantasy option, you will have to rely on your knowledge of people, life experience and intuition.

The attitude of the employer towards his employees is given out by the details. How were you received when you first crossed the threshold of the company? Politely showed where to go, where to leave outerwear, asked how did you get there? This is one option. Were you accepted an hour late and didn’t even apologize, and were they laughed at at the interview? This is another option. Draw your own conclusions.

You can almost always observe how employees communicate with each other. The author of this article always arrives for an interview half an hour early. Even sitting in the corridor, you can learn something interesting. For example, if employees are discussing something near the coffee machine or in the smoking room. It is important to remember here that the role of a “spy” watching in the corridor is likely to bring not objective information, but gossip. And gossip is not an indicator. One offended employee can remember in 5 minutes all the bad things that happened in his work within these walls for 10 years. So filter the information. On the other hand, such information will not hurt to complete the picture.

If you feel that the HR is interested in you, and there is a possibility that you will be called to the staff, insist on communicating with your immediate supervisor. The HR story that the chef is a progressive person with a big heart is not enough. You have to figure out for yourself who you will be in contact with every day.

It's good if you manage to meet people who work here or have worked in the past. Their "testimonies" also need to be divided into two, because in one company, in 2 different departments, employees may experience different levels of satisfaction. It is important not to rely on the opinion of one person, even if you trust him. Try to collect versatile information from several sources.

Most The best way understand, right choice did you do it or not probation. Attempts to “calculate” the employer before joint working days are in many ways reminiscent of guessing on coffee grounds.

In Russia, the relationship between workers and employers is by no means always characterized by equality of the parties.
Increasingly, various employers are committing violations of labor legislation, expressed in informal registration and delay or even in refusal to pay salaries.
I have repeatedly consulted and sometimes represented the interests of deceived workers at the pre-trial stage and in courts general jurisdiction. This prompted me to write this note.
Some employers, not wanting to pay taxes and various deductions for their employees, take them for the so-called "trial" period (from one month and more), promising official employment in the future. Most people agree to such conditions due to the difficult situation in the labor market. As a result, the employer commits the following violations:
- does not conclude an employment contract;
- does not issue a job order;
- does not make an entry in the work book.
If the employer decides to get rid of such an employee, he will do it without complications, but the employee risks not getting wages and other obligatory payments.
At the same time, deceived workers feel that they are unable to change anything. However, do not despair, even if informal employment It is possible and necessary to protect your labor rights.
There are effective ways to hold the employer accountable and oblige to eliminate the violations:
- apply to the prosecutor's office with a statement about the fact of violation of labor legislation;
- apply to the court with a claim to establish the fact labor relations and collection of wage arrears.
Samples of these documents can be found on the Internet.
Ways to collect evidence of the fact of labor relations:
- you need to get any possible documents, with your signature, related to this work;
- you need to find witnesses who can confirm the fact of your employment relationship with a particular organization, be sure to take their data to indicate them in a complaint or in a statement of claim.
Normative acts regulating labor relations:
In accordance with Art. 16 of the Labor Code of the Russian Federation: "Labor relations between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case when the employment contract was not properly executed."
Article 56 Labor Code The Russian Federation states that an employment contract is an agreement between the parties in which they undertake:
- the employer - to provide the employee with work according to the stipulated labor function, working conditions in accordance with the law, local regulations and pay his salary on time and in full;
- worker - perform labor function personally, while observing the requirements of the rules of the internal work schedule employer.
When you get a job, the employer, by virtue of Art. 67 of the Labor Code of the Russian Federation is obliged to conclude an employment contract with you, which contains all the essential conditions relating to your labor function.

Responsibility of the employer for violation of labor law.
In accordance with applicable law, an employer who violates labor law, simultaneously bears the responsibility provided for by: the Labor Code of the Russian Federation; Code of Administrative Offenses and the Criminal Code of the Russian Federation.
Article 236 of the Labor Code Russian Federation provides liability employer for the delay in payment of wages and other payments due to the employee. In case of violation by the employer due date payment of wages, vacation pay, dismissal payments, other payments due to the employee, the employer is obliged to pay them with the payment of interest ( monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time for each day of delay starting from the next day after the due date of payment until the day of actual settlement inclusive. At the same time, the obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
Administrative Code of the Russian Federation separately highlights in paragraph 4 of Art. 5.27 Violations related to the absence of an employment contract with an employee:
- evasion of registration;
- improper execution of the employment contract;
- the conclusion of a civil law contract that actually regulates labor relations between the employee and the employer.
For the absence of an employment contract with an employee, an employer who has committed this offense for the first time is subject to an administrative fine, the amount of which varies.
If the violation is committed repeatedly, then the punishment is more severe - up to the disqualification of the head of the organization (clause 5, article 5.27 of the Code of Administrative Offenses of the Russian Federation).
In accordance with the provisions of Art. 145.1 of the Criminal Code of the Russian Federation for non-payment of wages, pensions, scholarships, allowances and other payments, the following liability is provided:
- Partial non-payment of more than three months of wages, pensions, scholarships, allowances and other payments established by law, committed out of selfish or other personal interest: the head of the organization, the employer - individual, the head of a branch, representative office or other separate structural unit organization, shall be punished by a fine in the amount of: up to one hundred and twenty thousand roubles; or in the amount of wages or other income of the convicted person for a period of up to one year; or deprivation of the right to hold certain positions or engage in certain activities for up to one year; or forced labor for up to two years, or imprisonment for up to one year.
- Complete non-payment for more than two months: wages, pensions, scholarships, allowances, other payments established by law or payment of wages for more than two months in the amount below the established federal law minimum size payment of labor made out of mercenary or other personal interest: by the head of an organization, by an employer - an individual, the head of a branch, representative office or other separate structural unit of an organization, is punishable by a fine in the amount of: from one hundred thousand to five hundred thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to three years, or by forced labor for a period of up to three years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or by deprivation of liberty for a term of up to three years with deprivation of the right to occupy certain positions, or engage in certain activities for a period of up to three years or without it.
- If the above acts entailed grave consequences, they are punishable by: a fine in the amount of two hundred thousand to five hundred thousand rubles; or in the amount of wages or other income of the convicted person for a period of one to three years; or imprisonment for a term of two to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.

Summarizing this material, I would like to emphasize that it is certainly necessary to try to prove the fact of labor relations and wage arrears, at present there is an established positive extrajudicial and arbitrage practice settlement of these disputes, some employees even managed to achieve this without the help of lawyers.

Irina Davydova


Reading time: 8 minutes

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The labor market in the Russian Federation is an excellent field for scammers. By cheating when hiring, dishonest employers draw from citizens cash or they are fired after completing a certain amount of work under the pretext of not having passed the probationary period, of course, without paying remuneration.

How to protect yourself from such troubles, we will try to describe in this article.

Signs of unscrupulous employers - how to recognize fraud when applying for a job?

The very first thing to know and never forget is that you came to work to earn money, not spend it. If you have employment require any advance payment , for example - for uniforms or work tools, something is clearly not right here.

Most people find a job in three stages:

1. Search for a job posting.

2. Phone call to the employer.

3. Interview with the employer.

  • First stage on a job search, as a rule, begins with a search for ads in the media mass media or the Internet. Already at this stage signs of dishonesty of the employer can be seen if you look closely.

1. The ad is too enticing

Significantly lower requirements for the applicant. In the ad, the employer does not show interest in the age, work experience of the candidate, and often even, on the contrary, focuses on this.

2. Large circulation of ads in various media and on job portals

Constantly repeated in new publications over a long period.

3. Suspicious data is indicated in the contacts to the ad

There is no company name or a cell phone is indicated for communication. This, of course, is not the main reason, but still.

After finding a suitable ad, it is best for the job seeker to do their own research. It is very simple to do this, especially since a modern person has all the tools for this.

Criteria to pay attention to in a deeper check of the work of interest:

1. The salary level indicated in the ad is higher than the average market salary for a similar job.

2. The absence of an official website on the Internet or a description of the company and its activities on information resources. Complete lack of information.

3. Frequent editing of the same ad in different media and on different resources on the Internet, which indicates a high turnover.

4. A very intrusive invitation to an interview.

  • Second phase

After searching for an ad and checking at least a brief description of the organization that placed the ad, the stage of a phone call to the specified number. This stage can also give a lot of information, if you approach it correctly, know what to do and what to say when you first telephone conversation with the employer.

  1. The employer refuses to give information about himself and the nature of his activity. Does not name the name of the company, the address where it is located, and the full name of the director. Instead, you are asked to come in for an interview to get all this information. In most cases, there is absolutely no need for an ordinary employer to hide information about himself.
  2. Your questions about the vacancy are answered with a question For example, they ask you to tell about yourself first. Most likely they just want to extract information from you in order to understand whether it is possible to work with you further.
  3. The interlocutor answers your questions regarding the vacancy in abstract phrases. For example, "We are a team of professionals" or "We are promoting global brands on the market."
  4. The interview is scheduled for work time. In any conscientious company, the HR department is responsible for hiring employees, which, in turn, cannot have a floating schedule and traditionally works only on weekdays and during business hours. For example, from 9:00 to 17:00.
  5. The address at which the interview is scheduled is the address of a private apartment. This is easy to check through the reference book. It often happens that the office of the company is indeed located on the territory of the apartment, but there must be relevant information about this. If it is not, it is better to refrain from such an interview.
  6. During a telephone conversation, the employer asks to reset to email yours or passport data. A resume is your personal confidential information, but most likely there will be no damage if it is disclosed. But with passport data, it is quite the opposite. At the stage of a telephone conversation and an interview, this data of yours should definitely not be of interest to the employer.

  • Third stage and the last one is, of course, the interview itself. If you still decide to go for it, then you need to pay attention to the following criteria:
  1. An interview was scheduled for several applicants at the same time. If the employer is decent, and the job that he offers is stable and well paid, this format of the interview is not acceptable.
  2. At the interview you are asked to contribute some money, suppose - for special clothes or tools, to pass some kind of paid test or training on training - turn around and boldly leave. Such actions are completely illegal.
  3. If at the interview you are asked to sign some documents, contracts about non-disclosure of commercial information or something like that, then this is also a sure sign of the employer's dishonesty. At the interview stage, you have no legal relationship with the employer, and you are not required to sign anything.
  4. At the interview, you are told that the first time working in their company is not paid, as it is considered a probationary period or training time. In this case, this item must be described in employment contract and clearly state under what circumstances the probationary period is considered passed, and under which it is not.

Knowing the criteria described above and operating with them, you can protect yourself from the actions of unscrupulous employers and protect yourself from getting into unpleasant situations, primarily related to the waste of time on scammers.

Anti-rating of the most dishonest employers in Russia

Of course, the creation of such an anti-rating is a rather complicated matter. But still there resources that are designed to do just that. Their work, as a rule, is based on the correspondence of employees of a particular company with reviews and recommendations.

It is possible to find almost any company you are interested in in any industry and in any region in the vastness of such resources.

  • One such resource is the antijob.net project. It will offer you more than 20,000 thousand real reviews for review, and if you yourself find yourself in a not very pleasant situation, then you can take part in the formation of anti-ratings yourself.
  • You can also get a lot of information from orabote.net.

Certainly, unified register there are no unscrupulous employers, but it should be noted with The most frequently pop-up on resources such as antijob.net, companies:

  • Garant-Victoria- imposes paid training, after which it refuses applicants due to unsatisfactory results.
  • OOO Satellite - ask applicants to pay 1000 rubles. on the organization of the workplace, which is completely contrary to the law of the Russian Federation.
  • Hydroflex Russland LLC – company executives, CEO and his wife, Commercial Director, do not value their employees at all, and the principle of their work is the organization of staff turnover, with the aim of non-payment of wages under the pretext of fines.
  • OOO "Mosinkasplomb" - is engaged construction business in which he understands absolutely nothing. It hires contractors represented by BelSlavStroy LLC and ABSOLUT-REAL ESTATE. Very often, they do not pay employees anything other than an advance payment under the pretext of poor-quality work.
  • LLC "SF STROYSERVICE" — these are large and good facilities in Moscow and the Moscow region. SF STROYSERVICE LLC does not have its own staff of finishers and constantly searches for finishers via the Internet. After the work is completed, it does not pay wages to employees under the pretext of poor-quality work.
  • OOO SHIELD-M- The company is engaged in hiring private apartments. She is known for the lack of payments under employment contracts.
  • 100 percent (Language Center) - systematically delays wages. Many employees, even upon dismissal, were not paid settlement. * 100RA (Group of Companies) - when applying for a job, they do not tell the truth about working conditions. There are a lot of illegal immigrants who live right in the shops. They pay much less than they promise at employment.
  • 1C-SoftClub- conclude fixed-term contracts with applicants, and a month later they are expelled without payment of wages.

Of course, reviews also need to be properly filtered. Since competitors often order compromising information on their opponents, they can still be trusted. Especially if they are massive.