How to attack the employer when dismissal. How to punish the boss with magic? A large father or single mother refuses to dismiss by agreement of the parties

The law guarantees equality and protection of interests both workers and employers. However, labor legislation is focused primarily on an employee in need of increased social protection. And, unfortunately, in practice, the employer often has to face the abuse of labor rights by personnel.

How dismissed employees act most often

Most often, employees appeal or labor dispute committee. The most common requirements to restore at work, pay the wages (including during the forced absenteeism), compensate for the caused moral damage, change the record in the employment record, cancel the disciplinary penalty.

The employee has the right to go to court within a month from the date of the issuance of an employment record, and if there is a valid reason (disease, care for family members, etc.), then the claim can be filed and later. But even if the dismissed employee misses the term without a valid reason and the court will refuse him to accept the claim, but at the same time judicial decision It will be indicated that dismissal is illegally, this will allow the employee to contact the prosecutor's office or the labor inspection.

And already these instances may require a salary from the employer. Complaints of employees on the actions of the employer, directed initially (without appeal to the court) to the prosecutor's office, labor and tax inspection Or to the government, as a rule, entail verification by the control of the controls.

Employees may resort not only to legal ways to protect their interests. In practice, there are often cases of revenge for former employers. Forms may be as follows:

promoting competitors;
disclosure of commercial secrets;
causing material damage;
seizure of equipment and material values;
use of employer resources for personal needs;
Distribution of information that disappoints the company's business reputation.

Judicial practice of crisis time

C. appealed to the court with the requirement to recognize between it and LLC "K" labor relations (and, accordingly, to place an order for employment and put an entry in labor book), pay the salary debt in the amount of 140,000 rubles, and also issue polis Oms, Recognize a vacation application at your own expense, and signatures in salary deposits are placed. C. Recreated that he worked and works at present in LLC "K" as a sales manager.

The court of first instance satisfied the lawsuit completely, and the court of appeal is partly: recovered by salary in the amount of 70,000 rubles., I ordered the policy of the OMS, recognized the application for vacation at my own expense (resolution of the Presidium of the Moscow City Court of November 28, 2008).

P. appealed to the court with a claim to OJSC R ", in which from June 25, 2004 he worked as a general director and was ahead of schedule dismissed by the decision of the General Meeting of Shareholders. P. demanded compensation for delaying payments wages and issuing an employment record (62 500,79 rubles), compensation for moral damage (100,000 rubles) and material assistance (35,000 rubles). The court satisfied the claim partly: recited from JSC "P" 77 242.53 rubles. (For delay in payments when dismissal), 446,244.1 rubles. (For the delay in issuing an employment record), 30,000 rubles. (for moral damage), as well as a state duty in the amount of 6902,16 rubles. (Decision of the World Judge of the 371rd Judicial Area of \u200b\u200bthe Tagansky District of Moscow of July 10, 2007).

A wide publicity in the media received a conflict between the employees and the leadership of the publishing house B2B Media (Business Journals "Financial Director", "Commercial Director", "Advertising Industry", "HR Management", Internet Resources E-Cecludive.ru, E-Perspektiva. RU, HRM.RU). At the end of 2008, many employees were invited to write statements about dismissal by agreement of the parties in connection with the planned closure of the publishing house projects. No compensation, other than wages, the payment of which was delayed from November, did not offer.

Employees refused to write statements and in mid-January 2009 filed claims on the payment of wage debt to the Tver District Court of the city of Moscow. In the process of struggle, employees also used other methods: they wrote an open letter to the V. Potanin Charitable Foundation, who speaking a partner B2B Media on one of the online projects, placed on the Internet about what is happening in the company, opened a special blog, which reflected the chronicle Events and gave references to publications about this story in various media, and even staged a picket.

In early February, the court satisfied claims, obliging a publishing house to pay wage arrears, penalties for the delay in payments and compensation for moral damage. On February 7, the company officially launched the reduction process, according to which the staff should have been listed in the state and receive salary until May 2009 (the official simple change was also announced: the staff did not go to work and therefore did not receive 100 from February to May % salary, and 2/3).

Examples of revenge former employees

Blackmail. Employee small Moscow manufacturing company, dismissed in the spring of 2009 for fraud with shipped to customers, created the blog on the Internet, where he began to post negative information about the company. In a private conversation with an accountant of the company, he promised to delete all the records that dislike the company's business reputation for 50 thousand rubles. The company did not pay money. Unfortunately for her, a search query in Yandex, containing the name of the company and the word "vacancies", in the first line gives a link to the vacancies of the company posted on the website job.ru, and in the second one is the same blog.

Pogrom. Renault employees (according to police estimates - 2400 people, according to the Protestants themselves - 5,000 people), dismissed from the company in connection with the crisis, in October 2008 staged a pyrome at the Paris Motor Show. They exploded the petardes, loud advertising banners and cars exhibited on stands.

Hacking server. The Australian programmer who worked for three months over support and modernization of government computer systems, avenged for dismissal, hacking a government computer server and removing all the information about more than 10 thousand employees from the database. Servers of the Ministry of Health, Prison and Court were also injured, which cost the Government of Australia in an amount exceeding $ 650 thousand.

Attack with computer viruses. American programmer dismissed from the company - IT-system supplier for points fast food, in retaliation made a kiberatka on the computers of the organization. He posted three malicious files, which led to the infection of 25 servers. The cost of recovery amounted to a total of 49 thousand US dollars.

Theft. On the last working day, offended employees carry out everything that can (even what they do not need). In addition to stationery, there are lists of mailings, personal data of employees, customer information and other information. Information is recorded on CD, DVD, flash drives, send data by mail to their personal email addresses.

Donos. Since the beginning of the crisis, more and more Russian dismissed employees are knocking on their former employers in a non-profit partnership suppliers software products (reporting on the use of unlicensed software), as well as in the labor and tax inspection (about gray and black salary schemes).

Causing harm to health. In 2001, the dismissed seller of the computer equipment store in Hong Kong splashed his former boss in the face of sulfuric acid. For this court sentenced him to 10 years in prison.

What consequences are threatened by the employer if the employee appealed to the court

Restoring an employee at work. If the court restores the employee in office, the company is obliged to pay him average earnings during the forced absentee (that is, from the date of dismissal on the date of recovery). As an example, you can cite a case with an Omsk company for the production of eggroducts.

The employee of this company wrote a letter of dismissal own willing (The reason was the delays of payments of wages). However, his employment record was recorded that he was fired for repeated non-fulfillment of labor duties without a good reason. The employee appealed to the court who satisfied his claim and decided to change the record in the employment record, to pay wage arrears in the amount of 2.5 thousand rubles, pay for forced 350 thousand rubles, and compensate for moral damage in the amount 2 thousand rubles. To recover from the company in cash debt, the bailiff imposed arrest on computers and furniture organizations.

The imposition of fines on the company and the Director-General. For violations by the Company of Labor Law, a fine of 30 thousand to 50 thousand rubles is provided. or administrative suspension of activities for up to 90 days (Article 5.27 of the Administrative Code). The size of the fine imposed on the head is from 1 thousand to 5 thousand rubles.

If the head has previously been previously subjected to administrative sanctions for violation of labor legislation, a sentence of disqualification is provided for a period of one to three years (the same COAP article; Read more about this in the magazine "General Director", No. 6, 2008). The Criminal Code (Article 145) provides for the responsibility of the head for the unreasonable dismissal of a pregnant woman or a woman who has children under the age of three: a fine of up to 200 thousand rubles. Or mandatory work for a period of 120 to 180 hours.

Compensation of moral damage. An employee may require the company to compensate for him the moral damage in case of unlawful dismissal, forced absenteeism, salary delay, illegal translation to another work, delays to issue a workbook to him. IN judicial practice There are cases of payments in the amount of 30-40 thousand rubles. These are significant amounts, and they are rather an exception to the rules. Typically, such payments are less than 5 thousand rubles. If the employee proves that the wrong wording of the cause of the dismissal prevented him to get on new jobThe court can not only oblige the company to change the record, but also to recover the average earnings during the forced absenteeism.

* Lyudmila Barkovskaya graduated from the Moscow State Legal Academy. Experience as a legal adviser - since 2002. The company "The Metropolitan Legal Center" Business and Law "has been operating since 2007.

Elena Krepeva

Beginner employer, worker with great experience.

Cute girls who face dismissal or whom they recently fired! I will tell you how to survive after dismissal and try to take revenge on your former employer.

Don't get drunk and call him

Psychologists argue that parting with the beloved and loss of work causes approximately the same strength. And they put these causes of shocks in the rating of stress on the second and third place, respectively. Well, how not to get drunk?

You can drink, of course. And cry. Not rebel. Only here to call your former - neither a man nor the employer - in this state is not recommended.

He, of course, goat. You are undoubtedly a dream of anyone. And he, naturally, will regret. But! Let's try to convey this information by others. available methods. We decided to get drunk - first pass your phone to the banking cell.

And further. Alcohol takes the strength and ability to think, and they still need them!

Revenge is a hot dish

Do not believe the statement that revenge is a dish that is served cold. There is no time to cool in your accident!

The law has provided only one month in order to decide whether you want or not to join the war path. So or now, or let him live!

For that he is so with me

Do not beat your head about the wall, questioning the universe: "For what he is with me?". But it is necessary to deal with the cause of separation! This man can say that they sobbed, tired, loved another, you are too good for me. The employer is limited by the choice of the reasons established in Article 81 of the Labor Code of the Russian Federation. And I will tell you that this guy hands are not just connected by a closed list of grounds for dismissal - his hands are fastened to the battery with iron handcuffs! If in this article you did not find the wording, repeating the word into the word of the cause of the dismissal, your former will pay for everything in full!

How did it all happen

"I'm all for him: always manicure, a dress, to work on time, from work - when they say, Saturdays, Resurrectures, work at home" - Leave these memories for memoirs. It is necessary to remember what really matters. How did it all happen? Let's remember together.

Dismissal is issued by order. Was the order? Have you seen it? With the order, the employee (you are) must be familiar with the signature. It was? Signed? On the day of the termination of the employment contract, the employer is obliged to issue an employee to the employment record and make the final calculation. What is there with a book? Did you give out? And money? Received? Completely?

If all this and the foundation for which you broke up, there are 81 in the list, most likely your ex-invulnerable. Although…

Let in an honest fight show what kind of brave

If your former broke up with you not according to the rules, that is, she fired on the basis that not provided for in Article 81 of the Labor Code, or violated the procedure for termination of the employment contract, please them to a strong friend.

Best friends unfairly dismissed girls:

Federal labor inspectorate;
prosecutor's office;

Find on the Internet addresses of these strong friends, go to them and complain! Labor inspection and prosecutors are obliged to begin on your complaint check, the court according to your claim is the consideration of the work dispute. Contact yourself at the same time. So rather. It will not cost you anything. The employee is released by law from the payment of state duty. But your former in this fight will not be right away!

You can wash it nerves anyway

Employers are afraid of checks of labor inspection and prosecutors no less than the tax. They take employees as they have to be dismissed as you want. The best friends of the dismissed girls will be roaring. Therefore, if your former in this particular case did everything right, but you are not less hurt from this, act on the already proposed scheme - complain everyone!

It can still be returned, even if he already has someone

If your former is very cute or not like you or not at all, but you want to return it to anything that is your right. And moral, and fixed in law. The court or labor inspectorate may apply for you to restore you at work in case of illegal dismissal. An employee adopted in your place, with this development of events will be dismissed.

By the way, satisfying his pride, returning himself former, you can immediately send it to where! Just write a declaration of dismissal at your own request.

Leaving, do not forget to slap the door loudly for yourself and for all those whom your already exactly quit!

Who will remain your money with

Emotions with emotions, and no one has canceled inventive money relations. Parting, you must pick up everything that your right. When dismissal, the employer is obliged to pay you salary for all spent time and compensation for unused vacation. In some cases, the output allowance is also paid.

In addition, in accordance with Article 394 of the Labor Code, in case of recognition by the court of dismissal, the time of absence in the workplace is considered an forced absentee. This period begins the day after dismissal and ends on the day of recovery at work (or on the day of making a change in the formulation of dismissal). The court shall be made to compensate for the employee of a period of forced absenteeism in the amount of average earnings. That is all the time during which you will lead with your former warHe will have to pay you.

At the same time, the amount of compensation does not affect the receipt from another employer, unemployment benefits and temporary disability. Thus, you can work elsewhere, getting a salary there. And after making a court decision, get compensation for unpaid wages from your ex. And nothing will be deducted! Well, there is something to fight for?

Make it regret that he lost you

You can take revenge on your former differently. Although you write on the fence that he goats! But be sure to try the sweetest way: make it regret that he lost you. Develop, attend trainings and webinars. Read a lot. Strive rise. Be hard work and diligent. Become in your work indispensable! And then sooner or later you will hear from your former: "What I was a fool, swaying with you" ... And you: "But I'm given to another ..." But if you silent, looking at you transformed, it means that you are about it on the fence wrote!

The question of how to substitute the boss, so that he was fired, interested in many workers to which a new one, and perhaps the old leader refers to bias. How to get rid of the bosses?

Effective ways to substitute the chief

In order to decide to substitute the chief, it is necessary to possess at least an intelligence and intelligence and, on the contrary, do not have a drop of conscience and humanity. In addition, it is necessary to remember that without loyal associates can not do. If the head does not suit only one employee, most likely, all attempts to narrow them to be unsuccessful. Another thing is when most of the team is dissatisfied with the leadership.

Data adjustment and discharge of information

It is possible to pump up the manual, changing some data in the project or remove important files at all. To do this, you need to get passwords from the work computer, perhaps passwords from the post office. Make it is not difficult if you lose in trust, constantly trying to help. Another option is to attract a good programmer to the command.

After the necessary data will be in the hands of fighters for justice, it is necessary to act - immediately before the project will be delivered by the department, you need to fix some data in the chief computer. It should take care of saving the correct copy of the document.

When a higher management will notice an error, it will be possible to provide him with the correct option, referring to the fact that the boss was transferred to this project, and he already corrected the information he himself, without consulting.

In addition to the option with errors, you can "merge" information to competitors from the computer of the chief. It is important that at the time of data transfer the boss was somewhere in the organization, so he will not be able to justify.

Show that employees are better

This option is also possible if there is access to the boss computer. At the next meeting, about a certain project, it should be simply shown that employees are capable of subordinates.

To do this, you need to provide development that will be at a level of high-quality data provided by the chief. Naturally, the method will only be possible if the employees are subordinate to the boss, in fact, is more intelligent.

Interesting! If the project manager itself does not particularly understand all the specifics of the work, but only uses the mind of the staff, it is possible to substitute it by providing a plan with rightest violations that he will miss.

Make an alcoholic chief

This option is suitable for those who are completely tired of the leader's attacks. It is necessary to act together. It is necessary to regularly prevent the arrival of the director on workplace On time, you can start from the place of his residence. While he is late, to put the rumor that he is a winding alcoholic. In the office you can put or scatter empty bottles From alcohol as evidence of yesterday's couch, as well as to hide a deeper in the cabinets and drawers of the table empty packaging.

In a cup, from which the chief has just drank coffee or tea, you can imperceptibly mild cognac or any other alcohol-containing drink. Sooner or later, rumors will reach up to the higher authorities, and empty bottles will be discovered when checking, and a cup of coffee with alcohol will be discovered.

Secretary, if he is in the command of the authorities of the authorities, can assure those who verify that it was the boss who forced to buy drinks with alcohol and cut them right in the workplace.

Fact! If, as a result of such deception, the head will be dismissed, and subsequently falsification will open, he is entitled to sue the conspirators and demand compensation for damage.

Provocation

Knowing the explosive character of the head of the organization, you can provoke it on scandals and insults. Perhaps and provoke not to have to provoke, suddenly he will have a bad mood and everything will fall under distribution? At the same time you need to be alert and record these insults on the voice recorder. For a court, voice recorders are not proof, but for the Director-General, if he values \u200b\u200bthe company's reputation, this will be enough.

Director often, taking advantage of the situation, ask for a job to work, threatening otherwise by dismissing the personnel department or simply try to dismiss some categories of workers in order to free the place for his wife or sister. In this case, you can also use the voice recorder.

Eliminate the disadvantaged boss is not so simple, but it is possible with due ingenuity. If he spoils life and does not quietly work the team, it should be struggling with the arbitrariness of all honest and dishonest ways.

Representative of the Internet service of legal advice "Rovel.Ru, Evgeny Slyakhov told the site which problems may arise when the employees will be dismissal and how to prevent or solve them.

If in 2014 the Russian courts dismantled about 600 thousand labor disputes, then in 2015 - already 620 thousand. The lion's share of lawsuit traditionally concerned the wage, in second place - the requirements for restoration at work. In most cases, the courts satisfy them. Such statistics are better than any words to motivate the employer in advance prepare for surprises from dissatisfied employees.

1. The employee copied the customer database

In the spring of 2014, a former Alfactory employee using worker access to information systems Companies, copied information on insurance contracts concluded with Alfactor OJSC. Subsequently, he was transferred to the intermediary for further resale.
- From the site of AlfaStrakhovanie.

Anything commercial company It is advisable to have a provision for confidential information (commercial secret). Each employee, signing an employment contract, also confirms that he is familiar with this provision. For the illegal receipt and disclosure of such information, an employee can be brought to criminal liability (part 1 of article 183 of the Criminal Code of the Russian Federation).

In terms of work, the distribution of the base entails a disciplinary penalty - that is, the remark, reprimand or dismissal (Article 192, 81 of the Labor Code of the Russian Federation). So, if you planned to part by agreement of the parties and caught an employee in copying the client base, you can dismiss on the "iron" basis.

How to prove that the employee copied your database? Any evidence that may be presented in writing are: acts of service checks, reports on sending emails from the mail server, reports and explanatory notes and so on. Information disclosure forms can also be any: oral communication, publication of information on external resources, forwarding e-mail.

It is important that the fact of disclosure is fixed in the employee's report note that it discovered. At its basis, a commission for serving an investigation is created.
If it turns out that the dismissed employee copied the base and enjoys it at another place of work, the damage of the former employer ceases to be illusory. In this case, from the employee can recover a significant amount.

And, of course, discuss data protection technology with IT experts: backup, copy protection, changing passwords.

2. The employee deleted important information on the work computer

The program fails occurred due to the fault of the former employee of the enterprise - the system administrator. It turned out that at one time it developed customer applications to optimize the working time and systematization and installed a program that automatically allowed to receive and handle client applications. Deciding to quit, the young man deleted the program developed by him from the enterprise base.
- From the notes of Interfax.

If the worker in the rustling of revenge removed the client base (an important program, the supplier base, and so on), he faces responsibility for intentional destruction or damage to property (Article 167 of the Criminal Code of the Russian Federation).

However, with such an employee, there is no sin to recover all the money that will have to spend on the restoration of the base. This is done in the framework of the labor dispute: the employer has the right to recover from the employee caused material damage to them. And this can be done during the year from the date of detection of damage (Article 392 of the Labor Code of the Russian Federation). To the application you need to attach any evidence: it may be a programmer's official note, and a confirmed shipment by email, and so on.

Another nuance: if in labor agreement There is an item "When terminating or terminating an employment contract to convey the organization available in the use of employees, material carriers containing information constituting a commercial secret", and the employee will not be able to fulfill this item, he will receive everything else, disciplinary recovery. And the employer will have a foundation to dismiss such an employee without any expressive.

3. An employee disinforms customers: says his former employer - bankrupt

B. turned to a lawyer, in respect of which the Justice of the Tagansky judicial district of Moscow was convicted of the city of Moscow in part 1 of article 128.1 of the Criminal Code of the Russian Federation. From the said sentence, it should have extended false information among the employees of his former employer that he was the thief and a fraudster.
- from the lawyer S.N. Kuznetsova.

By law, the organization may challenge not only information that flashes its business reputation, but also those that simply do not correspond to reality. Under the dissemination of such information, the court understands their mention in the media, the Internet, public speeches and statements addressed to officials.

So, if a dismissed worker distributed slander about the employer in a public field - for example, on the partner's website or on social networks, it can be safely addressed to the court on the protection of business reputation and even demand to recover from the defendant losses incurred in connection with the affected reputation ( Article 152 of the Civil Code of the Russian Federation). Compensation of losses can be requested from all those who have spread this information. Therefore, the administration of the social network usually does not go to the conflict and quickly deletes controversial information.

The transfer of unreliable information during a private conversation - for example, an employee of a partner company of the former employer - is not a public character, and therefore it cannot be considered the dissemination of information. To attract the slander to justice in this case will not work. One can only warn customers in advance about potential demarches by the former employee.

4. The employee laid out on a dating site a photo of the former chief

According to investigators, the dutin decided to undermine the reputation of the former chief, after unfair, in his opinion, dismissal. To do this, he created in several social networks questionnaire of the general director of the company, pointing out its personal data, the name, last name, phone number and place of work, and attaching a photo former chief. At this time, I did not stop, and placed another information about his unconventional sexual orientation, attached various photo and video materials, supposedly confirming it.
- From the notes of the portal "St. Petersburg.ru".

First of all, it is worth contacting the administration of dating sites or social networksSo that fake accounts are blocked. In the urgent removal of the record, if any personal data (FZ "On Personal Data") is published. If the site administration does not react, contact Roskomnadzor.

If you have evidence that this opposition is the case of the hands of a specific employee, you can go to court with a claim for the protection of honor, dignity and business reputation and demand compensation for moral damage. Such precedents are in judicial practice. To catch the Avenger, any written evidence will rise: correspondence in social networks, the IP addresses of computers and so on - here it is worth consulting with the system administrator.

5. The administrator changed passwords to access computers companies

The system administrator was owed money and refused to pay after dismissal. He avenged the director through remote access: Only the director's computer worked the next day, passwords were changed to the rest. After the director still paid money to the administrator.
- From the text "How to take revenge on the employer? »On Studopedia.ru.

This fact can be regarded as a violation of labor discipline (disciplinary misconduct), which pulls on recovery (Article 192 of the TC RF), reprimand and dismissal. If a dismissed administrator has changed passwords as revenge, you should contact the court and demand to reveal passwords in the lawsuits and compensate for material damage. If the damage was caused by a significant, employee threatens imprisonment to five years (Article 165 of the Criminal Code of the Russian Federation).

6. The employee leads the part of the team or is arranged to direct competitors.

Four years ago, a valuable employee quit Buro-Object. "What was my surprise, when in a month I learned that two more" star "employees wrote statements about dismissal! I immediately guessed who lured them, "recalls the CEO of Karina Arutyunova. "In one day I was left without a team of the best managers."
- From the article on the portal "Segment".

Legally - nothing can be done. Each employee decides on the care of self. In this case, you can only collect employees of the company, to conduct an explanatory conversation and motivate them for future feats.

In the United States and in many European countries (England, Germany, France) often uses non-conventional agreement (Non Compete). A document that the employee signs when enrolling in the state, prohibits him for several years after dismissal to work on the same position from competitors or lead personal practice. The employer pays an employee of a certain compensation.

In Russia, such an agreement will be recognized as insignificant, since violates the free right to work (Article 37 of the Constitution of the Russian Federation). The only thing you can do is to oblige an employee not to disclose information about the company component of a commercial secret.

7. An employee blackstagrates denunciation to the labor inspection, requiring a "golden parachute"

Now this frame is blackmailing me, demanding the official and informal salary for February-April, when he *** Pinal. In the spring, he sent by mail a statement about the suspension of work in LLC in connection with the salary delay. I wrote an application for me as an IP to the Labor Inspectorate: that I do not observe the Labor Code, paying the salary of the current and so on. All documents confirming my payments, he specifically destroyed.
- From the forum of the portal "Clerk".

When dismissal, by agreement of the parties, the employee cannot demand anything - just negotiate with the employer about the amount of compensation.

When reducing the state or liquidation of the company (Article 178, 81 of the Labor Code of the Russian Federation), a dismissal employee is paid a day off allowance in the amount of average salary, one more monthly earnings are issued for the period of employment, which should not exceed two months from the date of dismissal. In exceptional cases, the average monthly earnings are stored for dismissed during the third month if the employee appealed to the employment service in a two-week after dismissal.

If the organization is clean before the law, you can not pay attention to blackmail. The State Labor Inspectorate (hereinafter referred to as the GIT) is either will be checked, or requests documents: an employment contract, regular schedule, Regulations on the bonuses and so on. At the same time, the blackmail itself can be punished. Article 163 of the Criminal Code promises the extortion of imprisonment to four years or long forced work.

The evidence in this case may be an audio recording extracted by a legitimate way, testimony, e-mail correspondence and so on. The video from the hidden cameras can also be attached to the suit, but the court has the right to reject it as a record produced by illegally. The same applies to audio recordings. Help such a record can indirectly for the formation of a court position. But to read the employee's work mail and follow its actions on the computer can be completely legitimate if there is a corresponding local act.

8. The employer promised an employee from personal funds, and a dismissed employee said Git that the company is paid "gray" salary

The tax authorities were detached by the company a single social tax, and also obliged to pay the penalties and fines. As a substantiation of their claims, inspectors presented the protocols of interrogations of former employees of the organization. However, the court considered that the information received from workers dismissed for the gross violation of labor duties is biased - and therefore, there can be no complaints from the tax authorities to the company.
- From the notes in the newspaper "Accounting. Taxes. Right".

Salary "In Envelopes" threaten to the employer with administrative liability for violation of labor legislation (Article 5.27 of the Administrative Code). There can be several fines at once, from 5 to 200 thousand rubles - depending on the form of ownership, the presence of warnings and so on. If the inspection also connects to the tax authorities, then the employer will at best have to pay a fine from 20% to 40% of the unpaid amount of taxes (Article 122 and 123 of the Tax Code of the Russian Federation), in the worst - to become a law enforcement.

However, everything is not so simple. Any transfer to the money worker is issued in writing. A confirmation of the payment may be a signature of an employee in a statement or account statement if it comes to non-cash translated. If the employer on the kindness of spiritual gave the employee to a premium from personal funds, it is unlikely that there will be written confirmations. Proving the fact of money transfer will be very difficult: one will say that he took, the other - that did not give. In any case, this is no longer labor relationships, but the transfer of money from one individual to another.

Another thing is, if the employee is informed in Git that the employer systematically gives part of the salary "in the envelope". The inspector will ask for checking all the documentation that will show financial transactions to pay employees.

Proving the presence of "gray" salaries, proceeding only from the accounting documentation, is almost impossible. It is necessary to carry out a large-scale audit on the income of the enterprise, according to its tax liabilities, to comply with the declared income and expenses for the payment of salaries to employees, to look at the compliance of these payments paid by NDFL in the amount of 13%. Inspector Git all this will not be done simply because he has no authority. Powers have a tax.

9. The employee, having learned about the dismissal, does not want to return a working laptop

The employee took the laptop of the company, sacrament his workbook and left. Then he called and said that he would give a laptop if we would give a polliplinary. The employment entry was made, but the head of the documents from his employee did not sign (the employment contract, the rules of the internal labor regulation, the order of admission, the Regulations on the commercial secret, and so on). We want to return at least a laptop.
- From the message on the Forum Portal "Povrovik".

If an employee declared his decision only to the head, then the situation can be stopped on the root. It is necessary to explain the desperate worker that his actions are interpreted as theft (Article 158 of the Criminal Code of the Russian Federation) or extortion (Article 163 of the Criminal Code of the Russian Federation), and therefore bargaining is better to stop.

If the employee declared his demand in public, in the presence of colleagues and leadership, then he would be able to avoid criminal liability, only leaving the workplace without a laptop.
When the worker is trying to make equipment from the office, you need to contact the police, because we are talking about the stealing of the property of the employer (Article 158 of the Criminal Code of the Russian Federation). If this happened, it is possible to submit a claim for the recovery of material damage. In addition, a legitimate circumstance appears to dismiss the Avenger (Article 81 of the Labor Code of the Russian Federation).

But with the inspected inspected by the steal of the employee you need to be careful. The inviolability of the personality of a citizen is guaranteed by the Constitution of the Russian Federation, and therefore no one can be inspected without the powers specifically established for this. The guards of the enterprise can only delay the suspect in the embezzlement before the police arrival.

10. The employee, having learned about the dismissal, goes to the "Eternal Hospital" or in the "Eternal Broken"

The installer "SK TEKHINZHSTROY" Konstantin Booth was serving administrative arrest in the Special Administration of the Tyumen Police, where he fell for driving a car in a state of intoxication. Fearing dismissal for absenteeism, Booth presented at work bought by him via the Internet fictitious disability.
- From the notes on Nashgorod.ru.

It is impossible to dismiss the employee during the period of temporary disability (Article 81 of the Labor Code of the Russian Federation). Such a dismissal he can easily challenge in court. If there is a desire to part, wait for a job and closely look at how he fulfills his duties. If the worker is negligent, then the base for dismissal can always be found. Here the main thing is to competently observe the procedure for dismissal (Article 84.1 of the Labor Code of the Russian Federation).

If you doubt the authenticity of the hospital leaf or suspect the patient in collusion with the doctor, you can conduct an examination by contacting the fund social insurance, and apply to the prosecutor's office. Suspicions will be confirmed - the employee can be safely dismissed for the walk.

The absenteeism is considered the absence of an employee in the workplace for more than four hours in a row without a good reason. If the employee is not in place all day and no information about the reasons for its absence is also no, the corresponding act and the mark in the accounting table of accounting ("NN" is an illustration for unexplained circumstances). And so every walking day. This is enough to make disciplinary recovery, wait for explanations and dismiss. If you dismiss without explanation, the employee will have a chance to recover: suddenly it turns out that he got into the hospital and could not warn you.

If the employee does not appear in the workplace, then a registered letter is sent to the home address with a proposal to explain its absence. It will not help - contact the police with a statement about the search for the missing (better, so that the relatives of the trash are made). If the employee does not find the police - the court recognizes it to be missingly absent, and labor relations with him are terminated.

Personal things Walk Put storage, make an act of inventory. When the employee comes for the calculation and workbook, things will be returned to him on receipt. If the employer has suffered additional expenses when storing things, he has the full right to recover them from a trash; This law gives him a year.

11. A large father or single mother refuses to dismiss by agreement of the parties

"The Soviet District Court of the city of Omsk regained a doctor of the hospital number 2 Natalia Suturina. A single mother was illegally fired in the framework of the "personnel optimization" of the Ministry of Health of the Omsk Region. As a moral compensation for the illegal dismissal of a single mother from a medical institution in favor of an employee, 10 thousand rubles will contribute.
- From the notes of the magazine "Business Course".

If a large employee has no spouse or spouse does not work, dismiss such an employee on the initiative of the employer will not work (except for the grounds specified in paragraphs 1, 5-8, 10 or 11 of Article 81 or in paragraph 2 of Article 336), since the ban on it is directly Article 261 of the Labor Code of the Russian Federation is listed. The same is true of the mother, alone with a raising child up to 14 years.

The most painless way to part with an unnecessary, but protected law by an employee is to conclude an attractive agreement with him. For example, in the company the conditions are tightened, labor payment is reduced, certification or optimization is coming - against the background of this excitement, many employees begin to think about changing the place of work.

You can explain in a private conversation to explain the "superfluous" employee: if he has thoughts to leave the team before the certification, the employer is ready to do this by agreement of the parties (paragraph 1 of Article 77 of the Labor Code of the Russian Federation). Such an entry in the employment book does not compromise the employee. At the same time, compensation for dismissal will amount to the amount in the size of a three-month content (or how to agree). Such a foundation of the dismissal of an employee in the courts is practically not disputed.

The second way is to impose a few disciplinary penalties (Looking forward to work, lack in the workplace without good reason and so on) and terminate the employment contract with it under article 81 of the Labor Code of the Russian Federation.

12. The employee filed to your company to the court, stating that he was fired in an easy basis (National hostility, sexual discrimination)

At the Vsevolozhskaya plant, Ford Sollers deny the massive dismissal of women, but in the trade union it is confident: the money of the regional government went to compensation to the discriminated women.
- From the notes of the portal 47News.ru.

You can only object by providing any evidence. Another question is that at first the employee will have to prove its right. By virtue of Article 66 of the Code of Civil Procedure of the Russian Federation, each Party must prove the circumstances to which it refers to both on the basis of its requirements and objections.

13. The employee does not want to write a statement, refuses to sign the order of dismissal and does not come for the employment record

Here we had a friend who was recalled and did not come to work. She sent him a bunch of letters - first with a request to appear to explain, then notification of dismissal for the program and the requirement to appear for labor. The calculation I was transferred to the card, and the work so far in the safe is lying.
- From the forum of the magazine "Glavbukh".

When parting at the initiative of the employer, the statement of the employee is not required. If it is impossible to bring the order to his information (order) on the termination of the employment contract or the dismissed refuses to familiarize himself with it under the painting, an appropriate entry is made on the order. This is not a hindrance to complete the procedure.

On the day of termination of the employment contract, the employer is obliged to issue an employee a labor book and make a calculation with him (Article 140 of the Labor Code of the Russian Federation). If an employee refuses to receive an employment record or is absent in the workplace, the employer sends him a notice that he should appear for the labor or give consent to sending it by mail. After that, the employer is exempt from liability for the delay in issuing an employment record.

14. The dismissed designer declares the rights to the designed design

Developed a logo to the customer, working as a designer at the company. Can I declare copyright?
- Question to "[email protected]"

Creating a design, as well as any other product of intellectual activity within the framework of work tasks, is the execution of the employer's order, and the design itself is his property.

Such a work is called service: it was created at the expense of the company in accordance with the procedure or under the terms of the employment contract. The exceptional right to the official work belongs to the employer (Article 1295 of the Civil Code of the Russian Federation). The creator maintains non-property copyright.

However, if the work was created outside the official task and in the employment contract of such duties from the employee, it should be paid according to a separate concluded agreement. It will protect the employer from the attacks of a creative person.

15. The employee left a duplicate keys from the working office

The guards of the order found that the doors of the containers in which the batteries were elements were opened by the key. During operational search activities, police officers set the suspect. They were a 40-year-old ex-employee of a mobile communication company. He decided to take revenge on the former employer for the fact that the day before was dismissed from the organization. The kidnapped batteries attacker passed to the metals reception point.
- From the site of the Ministry of Internal Affairs in the Kemerovo region.

First, when dismissing the employee, it is not necessary to sign the bypass leaf without a duplicate. If this happened and duplicate is no longer able to return, it is better to change the castle.

A legally working office ceases to be a worker for a disjected employee - therefore, it cannot be accessible to this room. If a former worker penetrates into the office, taking advantage of the key left in his key, the consequences depend on the purpose of the visit: if the attempted attempt on theft, he faces criminal liability.

How long to wait for nasty from a dismissed employee? Not for long. The limitation period on dismissal disputes is a month, for the rest of the disputes (wage recovery, and so on) - three months from the day when the employee learned about the alleged violation of his rights.