They force you to write your own statement. An employer forces you to resign of your own free will: what to do? If the manager puts pressure

2008-12-04

Due to the crisis, the number of layoffs has increased sharply. The employer forces employees to write a statement “by at will", while in reality there is a reduction in staff. It is extremely unprofitable for the employer to formalize your dismissal due to staff reduction. In this case, he is obliged to pay you benefits for almost three months, and he is obliged to notify you of dismissal two months in advance. For more details, see " Labor Code of the Russian Federation" (Article 178-180).

How to defend yours labor rights?

1. The boss called you into the office for a conversation and, through threats or requests, asks you to write a statement “of your own free will.” Don't give in to pressure. Unfortunately, some people give in and are psychologically unable to contradict their superiors even when they hit them in the face. Don't be like that. You can act out the scene. Say that you don’t feel well, that you need a “smoke break”, sit for five minutes in silence. If it is in no way profitable for you to quit of your own free will, create a pause, and instead of a “smoking room”, pack your things and leave. Now you have nothing to lose anyway, but you can get on the nerves of your superiors and wring out several thousand rubles.

2. The boss collected labor collective and brazenly asks everyone to “resign of their own free will.” Contact the labor inspectorate at your place of residence. You can find out where it is by calling the authorities. local government. Report that your labor rights are being violated. Do what is best for you, not for your bosses, who are no longer your bosses.

3. Instead of dismissal, they reduce the amount of work and reduce the salary. The situation is unlikely to improve in the near future. Perhaps this is just preparation for your future dismissal. The owner is getting ready, get ready too. Create an initiative group with your colleagues and if you were all fired illegally at once, in violation of your rights, hold a mass action, draw attention to the problem. If you do not have experience in holding protests, please contact us ( [email protected], [email protected], antijob.anho.org). We will advise you on how best to do it.

4. After all, you were fired and now you have nothing to pay your mortgage, car loan, etc. Don’t wait until the next payment deadline is overdue. Go to the bank and write a written statement about this. This, of course, will not help much, but the more the bank has such statements from different people, the faster the government will try to do what it is obliged to do. Namely: to provide opportunities for deferred payments. The “affordable housing” program is an initiative of the federal government. Let her lead this program to the end, and not to the stage legal registration"debt slavery".

Note. There are times when it is beneficial for an employee to resign as the owner requests. IN commercial firms“double-entry bookkeeping”, and therefore the official allowance even for three months may turn out to be lower than the unofficial calculation.
Autonomous Action www.avtonom.org www.antijob.anho.org

Comments:
We received a question: “What should you do if the employer says that if you don’t resign of your own free will, then we will fire you under the article.”
Answer: Such statements from the administration are aimed at a timid and illiterate employee. All dismissals are made on the basis of any article of the Labor Code. Meanwhile, despite such threats, know that dismissal, if it occurs, can be challenged in court. If you are a disciplined, qualified worker and do not show up to work in drunk If you don’t play truant, you can only be fired due to staff reduction. And this is much more profitable than doing it on your own. You are getting severance pay for 3 months (3-month salary), and also have the right to register as unemployed, while receiving unemployment benefits, and also to study another specialty for free.

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In the relationship between employee and employer, separation does not always occur peacefully. It happens that they want to force an employee to resign when he does not want to. The reasons that prompt the company administration to do this are different. What to do if he forces you to resign of your own free will? Give in to the employer or defend the illegality of his actions?

What does the law say about such situations?

Can they force me to resign of my own free will? Labor legislation in Russia in most cases is focused on protecting the interests of the employee, providing citizens with extensive rights in comparison with the rights of the employer. From a legal point of view, if an employer forces you to resign at your own request, then he – the employer – is seriously violating the law. The Labor Code of the Russian Federation transparently prescribes the essence of dismissal at will - termination of an employment agreement.

The employer's initiative regarding dismissal is permissible only when terminating the employment contract on the basis or within the framework of the conditions specified by the legislator, giving the right to terminate the employment relationship. The law strictly stipulates situations when dismissal is allowed at the request of the employer, for example, company reorganization. But if, during a layoff, they are forced to resign of their own free will, then such actions have no legal basis.

Citizens sometimes agree to threats from company management that persuade them to write a statement, believing that they will subsequently be able to challenge the actions of the employer, appealing to the fact of coercion.

It is important to understand that if the director forces an employee to resign, then the employee has the right not to write a statement. If a letter of resignation of one’s own free will is nevertheless written, then it will be difficult to prove the fact of coercion.

How to resist coercion?

If you are forced to resign voluntarily, what to do depends on the specific situation. Or rather, from the employer’s arguments to intimidate the employee. It is also necessary to take into account whether the citizen himself committed guilty actions. Often there are grounds for dismissal at the request of the employer, but management does not want to carry out a long and complex procedure for dismissal “under the article”, preferring that the employee himself wants to leave. Therefore, the boss forces the careless employee to resign.

When are threats real?

Excluding situations where the employer has objective reasons for dismissal (staff reduction, liquidation of the company, conscription into the army, etc.), the law stipulates when it is permissible to dismiss a person due to his fault:

absenteeism;
inadequacy for the position held;
loss of trust;
repeated disciplinary actions;
gross violation of duties;
going to work while intoxicated;
disclosure of confidential data;
Creation hazardous conditions labor or violation of safety requirements;
committing a property crime in the course of performing job duties or at the place of work.

In specified situations, the employer has the right to use its right to dismiss an employee. However, it is necessary to take into account that even if there are grounds, it is important to follow the procedure for terminating an employment agreement, since in the event of the slightest violation, the citizen will subsequently be able to challenge the fact of dismissal and be reinstated in his position, receiving compensation. It will not matter whether the employer’s actions were justified.

Where to go if you are forced to resign

Each employee chooses to be fired “under the article” or on his own, analyzing his actions. But regardless of the reality of termination of the agreement at the initiative of the employer, if the employer forces him to resign, then his actions can be appealed - they violate the rights of the employee a priori.

The first thing citizens think about when they are forced to resign is where to complain. But this is not true. First of all, you need to make sure that you can prove the employer’s actions. In labor disputes, the burden of proof lies with the parties - the employee and the employer. Therefore, take care to obtain evidence of the employer’s guilty actions.

To dismiss an employee at his own request, it is necessary to have a statement written directly by the citizen himself. If you decide to defend your rights and oppose the fact that the employer is forcing you to resign of your own free will, then under no circumstances write a letter of resignation.

Alternatively, if the situation is under control, you can try to negotiate a dismissal agreement with payment of compensation. However, remember that dismissal by agreement of the parties cannot be challenged later in court. An exception is if it can be proven that the citizen is forced to resign by agreement of the parties against his will, which is almost impossible.

Where to file a complaint?

Conflicts in labor relations can be considered in court (here in detail about), the Federal Labor Inspectorate, the trade union, and the prosecutor's office. All these bodies have tools to protect the rights of the employee and counteract the employer if his actions violate the law. True, it is necessary to contact the inspectorate or the court upon the fact of a violation, that is, not when they are forced to resign by agreement of the parties or their own, but when the termination of the contract has occurred.

At the threat stage, it is recommended to contact the trade union, if there is one, as well as the prosecutor’s office, provided there is evidence of threats against the employee. You can also talk about an upcoming violation of workers’ rights, for example, if after maternity leave workplace They are not reinstated and are forced to resign.

For this purpose, an application is prepared in any form, which indicates:

Employee details. There is no need to be afraid of disclosure. Inspectorate employees do not inform employers which employees filed a complaint if the complainant asked for this in the appeal.
The essence of the violation. It is necessary to describe the situation in as much detail as possible, but without emotion. The inspector checks the employer's actions for compliance with legal standards impartially.
Attach to your appeal the maximum available evidence of your words. Often, an employer understands how to force an employee to resign of his own free will and not leave documentary evidence of his actions. The applicant's words alone will not be enough to impose sanctions.

A similar appeal, as with the labor inspectorate, must be sent to the territorial department of the prosecutor's office. We recommend that you receive confirmation of receipt of the complaint, for example, a stamp on the second copy of the document. This way, it will be possible to confirm the fact of the appeal later.

Let's look at typical cases of forced dismissal

What to do if they threaten to fire a pregnant woman?

Pregnant employees are one of the most vulnerable categories of workers. The legislator, understanding this, granted them broader rights than other citizens. A pregnant woman cannot be legally forced to quit in most cases. The exception is complete liquidation or violation of principles and morals teaching staff(use of violence against students). Therefore, often as part of a company's staff reduction, a pregnant woman is forced to resign of her own free will. After all, it is impossible to free up the workplace otherwise.

A woman in this position has the right to be on sick leave for more than an ordinary employee, to be absent from work (absenteeism) for any period of time and to terminate employment with her contract of employment at the initiative of the employer, based on these reasons, it will not be possible.

If a pregnant woman is forced to resign, threatening to terminate the contract due to absenteeism, it is worth knowing that this is impossible and the threats are unjustified.

Dismissal on your own instead of layoff

Staff reduction is a working tool in labor relations, which is necessary to optimize the company’s labor and financial costs. But along with the right to reduce the staff of the organization labor legislation establishes the requirements for the procedure.

Undesirable conditions for the employer:

two months notice,
payment of compensation,
additional paperwork.

Therefore, employers do not want to make cuts and force them to fire the workers themselves. Of course, such an action is illegal. It is prohibited to replace the concept of staff reduction with personal dismissal.

Dismissal of a pensioner under duress

Russian legislation does not provide an employer with the opportunity to dismiss an employee if he has become a pensioner. But the desire to “rejuvenate” the team leads to the fact that the pensioner is forced to resign of his own free will.

Dismissal due to retirement is one of the reasons that gives the right not to notify the employer of the desire to terminate the contract 2 weeks in advance. That is, pensioners have slightly more rights than an ordinary employee. But when it comes to the question of where to turn if a pensioner is forced to resign, they are equal to other employees. The employer’s actions should be challenged by complaining to the labor inspectorate and the prosecutor’s office, and if the very fact of dismissal is disputed, then it is permissible to file a lawsuit.

Is it possible not to reinstate an employee after maternity leave?

Reinstatement of an employee who wishes to interrupt maternity leave to care for a child ahead of schedule or upon its expiration is mandatory. The legislator provided for the preservation of jobs for employees during the period of child care up to 3 years.

In practice, the employer prefers to persuade the woman to write a letter of resignation of her own free will instead of reinstating her. There may be several reasons: the loss, in the employer’s opinion, of the required level of qualifications, the desire to keep the job for the employee who was hired to take the place of a maternity leaver.

Can they force him to resign of his own free will if he doesn’t want to? No, there are no such legal instruments for the employer. However, it is necessary to understand that the moral pressure of the employer sometimes exceeds the benefits of maintaining the position. The best thing for an employee to do if they are forced to resign is to try to negotiate financial compensation and terminate the agreement. If the job is very valuable and dismissal is extremely undesirable, then prepare for a long moral confrontation. The law in such a situation is on the side of the worker.

Lawyer at the Legal Defense Board. Specializes in handling cases related to labor disputes. Defense in court, preparation of claims and other regulatory documents to regulatory authorities.

Problem

Good evening!

The situation is very complicated and confusing, I hope you will help me correctly draw up a statement to the prosecutor’s office and achieve justice.

So, the situation: I work as an assistant manager at an insurance company. There were no complaints about my work, no memos or anything else. On July 21, I came to work an hour before the start of the working day. but after half an hour she left, having warned general director(my immediate supervisor) that there was an emergency at home and I was forced to leave work. She warned the Deputy State Duma for Personnel and provided a replacement. In the middle of the working day, the personnel officer calls me and says that the State Duma requires my application for administrative leave, to which I replied that there was never a problem when we came the next day and wrote “retroactively”. (Apparently the management followed the principle). As a result, the personnel officer and I agreed that they would write a statement for me and give it to the State Duma, supposedly I wrote the statement, and accordingly, they signed the statement for me with my signature. The State Duma signed this statement with a resolution, supposedly an order for administrative leave. (I do not have a copy of this statement).

The next day I went to work, to which I was informed that I should transfer my affairs and vacate my workplace, while writing a statement of my own free will. I say, ok, but then with the payment of compensation, which is usually paid by agreement of the parties to the employee. During the day, I transferred all the cases, reported on all expenses and partially signed the bypass sheet. I wrote a statement, but did not give it to management, because... I wanted to wait for my terms to be approved. At the end of the working day, the deputy general manager informs me that they will not pay me anything, to which I replied that then I will not write any statements and will go to work tomorrow. the next day, July 23, I went to work as usual. I was called to a meeting with the deputy HR and deputy CEO for business development, where I was forced to write in my own words during the conversation, to which I again put forward my conditions regarding the agreement of the parties and compensation. I was told that they would not pay any compensation, because they were allegedly not satisfied with my work and would conduct a commission on the work I had done, to identify shortcomings, in order to fire me under the article for inadequacy for the position held. (apparently they are not familiar with TC at all). to which I replied that ok, make commissions, I won’t write anything. They began to press me with the excuse that I would ruin all my work and that they would give me bad recommendations. They also said that now, since I do not agree to write a statement, they will transfer me to another workplace, because... The State Duma does not want me to be at my workplace. (I recorded this conversation on a voice recorder). As it turned out, they had already made a note in my employment record that I was fired of my own free will on July 21.

After the meeting, I went back to my room, sat down at my desk and continued my work. The HR deputy came up to me and said that they would now transfer me to the reception desk of the call center and the girls would explain my responsibilities to me, to which I replied that I would not do work that was not part of my job responsibilities stipulated by the employment contract, for what the deputy personnel officer told me: “well, we now have an order to transfer to new position we’ll do it,” I retorted: “according to the Labor Code, you are obliged to notify me 2 months in advance about a transfer to a new position and I have the right to refuse!”

She couldn’t find anything to answer and sat down at my workplace (she was seated instead of me), I was nearby. At lunchtime I went home and, due to nervousness, I had a relapse with my back, pain in my back that I had to call an ambulance and go on sick leave. There was still pressure from work for me to write a statement. I am on sick leave until August 19 (my back is like that), and I have to go to work on August 20. Recently, a lawyer from work called me and said that she was forced to sign a protocol about my absenteeism and that a new person had taken my place, but she was given the position of assistant manager. As it turned out, they hid the administrative application with the resolution of the State Duma, and are presenting the situation that allegedly I did not write anything and there were no statements.

I plan to write a statement to the prosecutor’s office stating that I am forced to write a statement of my own free will, and in the future I will also go to court.

Naturally, I no longer plan to work there, but I hope justice will prevail.

please help me write an application to the prosecutor's office indicating the correct articles, and also advise on the situation. how profitable is it?

As for the possibility of dismissal for absenteeism, first of all they should have required an explanation from you. If you are fired for absenteeism in violation of the law, you can challenge this dismissal in court, recovering from the employer compensation for moral damage and payment for the period of forced absence.

As for the fact that you are planning to “write a statement that I am forced to write a statement of my own free will,” this is a very correct step. Our website expert Victoria Kochetkova developed an algorithm specifically for such cases on the topic: Forcing to resign of one’s own free will, instead of dismissal due to reduction in headcount or staff http://taktaktak.org/document/15217. I advise you to study it carefully, as it contains a sample application to the employer.

I advise you to also familiarize yourself with the solution to similar problems:

What to do if the employer hints at voluntary dismissal? http://taktaktak.org/problem/19074

At work they are forced to resign of their own free will http://taktaktak.org/problem/10383

The Judicial Collegium for Civil Cases of the Russian Armed Forces came to the conclusion that the dismissal was illegal after studying the application of a resident of Kogalym, who went to another region during her annual paid leave, where she fell ill and was unable to return to work on time or report what happened.

If you have to write an explanatory note, I recommend that you do so, write in detail, specific facts. To help you, I offer a small Instruction from one of my local normative act, which is designed for workers .

Explanatory letter- a document explaining the reasons for any action, fact, incident, drawn up by an employee and presented to a superior official. An explanatory note is drawn up on a standard sheet of paper and addressed to a specific official. Details explanatory note are: name structural unit; name of the document type; date, title to the text; destination; text; compiler's signature.

Before applying a disciplinary sanction, the employer must request a written explanation from the employee regarding the committed and identified misconduct, in which the employee will describe the situation - date, place, time, reasons, circumstances. When writing an explanatory note, the employee is recommended to answer the following questions:

1. Was there a violation;

2. What is the employee’s fault: intentional, careless, no fault of the employee;

3. Circumstances of the violation, its causes;

4. Availability of witnesses;

5. The employee’s attitude towards the violation;

6. The employee’s attitude towards further work.

If, after two working days, which are counted from the date following the day the claim was submitted, the employee has not provided the specified explanation, then a corresponding act is drawn up.

An employee’s refusal to provide an explanation cannot serve as an obstacle to applying disciplinary action.

Disciplinary sanctions are applied by the Employer no later than one month from the date of discovery, not counting the time of illness or the employee being on vacation, as well as the time necessary to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

Disciplinary sanctions are applied by order of the General Director upon provision of the employee’s immediate supervisor. The order must be accompanied by the employee’s explanations, acts, certificates and other documents confirming the fact of misconduct and the guilt of a particular employee.

For each violation of labor discipline, only one disciplinary sanction can be applied.

When imposing a disciplinary sanction, the severity of the offense committed, the circumstances in which it was committed, the employee’s previous work and behavior must be taken into account.

An order to apply a disciplinary sanction, indicating the reasons for its application, is announced to the employee subject to the penalty against signature within three working days from the date of its publication. If the employee refuses to sign the specified order, a corresponding act is drawn up.

If within a year from the date of application of the disciplinary sanction the employee is not subject to a new disciplinary sanction, then he is considered to have no disciplinary sanction.

In general, your employer, as far as documents are concerned, is doing the right thing; it would be a mistake if he does not ask for an explanation. And here the deadlines that he must meet in order to apply disciplinary action against you are important; I indicated these deadlines to you.

I explained everything to you, let's not invent anything more. The package of documents about your absence may be different. This may not be an act, but, for example, only a report from your immediate supervisor, a time sheet and your explanatory note. Or maybe a memo from the immediate supervisor, an absence from work report, a report card, or your explanatory note. Or maybe an act of absence from work, i.e. You don’t even need a report, a time sheet, or your explanatory note.

And all this as a result can be formalized by a punishment order, this will either be a reprimand, a reprimand or dismissal for absenteeism. And before the order, for example, there may be another Act, where the employer, having studied all the documents, comes to the conclusion that you should be fired for absenteeism, and after that the order is already issued.

So, your employer collects the correct documents, the main thing is that he meets the deadlines and that’s it. And the fact that he asks you for an explanation after your “truancy” in a day, in a week, in 20 days, it doesn’t matter.

Sometimes management may take actions aimed at getting an unwanted employee to write a letter of resignation of his own free will.
How to protect yourself from an employer’s attempts to force you to write a statement of your own free will, and whether liability for such an action is provided for, read the material below.

Forced resignation

By forcing voluntary dismissal, the employer pursues only one goal - to get rid of the employee.
According to the Labor Code of the Russian Federation, an employer cannot simply fire his subordinate. There must be reasons for this, provided Labor Code, or other federal law. There are several levels of coercion.

First level - consists of a personal conversation. It ends with the phrase “Write a statement of your own free will, you are fired!” The most timid ones give up and write a statement. As a result of this, they are left without work and without a means of livelihood.

Second - the employer threatens that he may fire him under the article; sometimes evidence of violations committed by the employee is presented. At this level of enforcement, the phrase “See this folder? It has long been a collection of your disciplinary actions; if something happens, we can fire you at any time or simply won’t let you work.”
Hearing such words, workers often also give up.

Third level - involves specific actions aimed at creating evidence of disciplinary offenses. For example, a boss can incite a boycott and create uncomfortable conditions for continuing to work in the company. As a result of this, many also cannot withstand the pressure.

Level four - actions that can be attributed to administrative offense and to the criminal. For example, physical impact and so on.

Protection from forced dismissal

You can protect yourself from being forced to leave your place of work by:

State your position clearly. In this case, reluctance to sign the application;
Observe strictly labor discipline. Come to the office and leave on time, we complete all assigned tasks and instructions from management;
Don't get involved in conflicts. Do not give in to provocations, and they will certainly come from the employer;
When receiving instructions from management, demand that they be stated in writing (useful in court).

Where to go if you are forced to resign of your own free will?

If you are forced to write a statement, you can contact the Federal Labor Inspectorate, the prosecutor's office or the court.

Federal Labor Inspectorate - a special body that supervises how the Labor Code is observed. On behalf of this organization, inspections are carried out by inspectors. To do this, you must write an application.

Prosecutor's office - has the right to conduct any inspections. The employee can contact the prosecutor's office with a complaint, in which case the correctness of the dismissal procedure and the circumstances will be analyzed.
The prosecutor may demand that the employee be reinstated to his previous position. In fact, it is not much different from the labor inspectorate.

Court - the only one government agency resolving the dispute regarding illegal dismissal finally. His decision is binding. The deadline for appealing to the court is 30 days from the date of publication.

Compulsion to resign at one's own request - judicial practice

Based on practice, the court often takes the employee’s side, but it is not easy to force an unscrupulous boss to bear responsibility for forcing dismissal. If justice nevertheless prevails, the employer will be held administratively liable (Article 5.27 of the Administrative Code). In some cases, it is also possible to be held accountable under the Criminal Code of the Russian Federation.

Penalty for forcing the dismissal of an employee

If a manager forces a pregnant employee to leave work, he faces criminal liability under Article 145. For violation of this article, the legislation provides for a fine of 120 thousand rubles, in addition, forced labor for up to two years.

Application for forced dismissal - sample

There is no set pattern. The complaint can be written by hand on a sheet of A4 format or printed on a computer.

Please indicate your full name in the header. contact information to whom a complaint about coercion to leave a voluntarily held position is sent. Below write the name of the document (Application or Complaint). State all the circumstances in detail. Try not to make mistakes. Don't forget to put the date and your signature with the transcript.

The reason for voluntary dismissal can be solely the initiative of the employee. If an employer tries to force an employee to write a statement, his actions are illegal.

An employment contract can be terminated for the following reasons:

The employer's initiative is a method in which the employer fires an employee for failure to comply with conditions. employment contract.
Employee initiative - the employee writes a letter of resignation of his own free will, after which he is obliged to work for another two weeks if the employer requires it.
Agreement of the parties - the employer and employee come to a decision on the need to dismiss the employee and sign a corresponding agreement.

To protect the rights of employees, the employer's powers when dismissing employees are limited by the Labor Code. Article 81 of the Labor Code of the Russian Federation regulates that, at the initiative of the employer, an employee may be dismissed in the following cases:

the need to reduce staff or liquidate an organization,
the employee’s inadequacy for the position held (insufficient qualifications);
presence of disciplinary sanctions,
gross violations of the work process (absenteeism, theft, being intoxicated at work, disclosing industrial secrets, etc.),
expiration of the employment contract.

When dismissing an employee, the employer must have strong evidence that one of the above violations was committed, otherwise the dismissal may be challenged in court. If the employee manages to prove the illegality of dismissal, the employer will be forced to pay him for all forced absences, as well as compensate for moral damages. Since the court hearing a case of illegal dismissal can take up to several years, if it loses, the employer may suffer serious financial losses.

Forced resignation as a spreading phenomenon

Today, employers avoid direct dismissal of employees “under article”, but try to force the employee to resign of his own free will. If an employee violates the terms of the employment contract, voluntary dismissal will be the best option for him, but often employers try to force staff reduction by forcing employees to resign.

In case of layoff, the employee must be notified in writing two months before the calculation and receive compensation in the amount of up to two monthly salaries, but in case of dismissal, the employee is not entitled to any compensation at his request, and the calculation can be made on the day the application is written.

At the first stage, you can make a categorical refusal to interrupt labor relations, I argue that there is an article for forced dismissal (Article 5.27 of the Code of Administrative Offenses of the Russian Federation or Article 145 of the Criminal Code of the Russian Federation). In addition, termination of an employment contract according to the employee’s wishes must be voluntary (Resolution of the RF Armed Forces No. 2 of March 17, 2004).

Forced dismissal is often possible due to employees' ignorance of their rights. If an employer offers to write a letter of resignation due to a reduction in staff, it is better to ask for an official dismissal or dismissal by agreement of the parties, since otherwise you may be left without sources of income and due compensation until a new job is found.

Typically, an employer does not insist on writing a resignation letter if it understands that the employee knows his rights. In some cases, an employee may be subject to psychological pressure and even receive threats.

What to do if you are forced to quit

If the employer forces you to resign at your own request, the employee should ask him for time to think about the decision in order to decide for himself whether he wants to keep his job or quit, but for a longer time. favorable conditions than what the employer offers.

The following actions must be taken:

Avoid violations of the employment contract. Even minor delays or disruptions to the work process in such a situation can serve as a reason, if not for dismissal, then for psychological pressure, so the employee must adhere to the following rules:
- arrive to work on time and don’t stay late on your lunch break,
- ask the employer for written instructions and report in writing on the results of work,
- If you need to take time off from work for a good reason, be sure to write a corresponding statement and wait for the absence to be approved by your immediate superior.
Do not give in to your employer's persuasion. If the employer’s side resorts to threats of physical violence or even their implementation, remember that such actions provide for criminal liability, to which the responsible persons can be held accountable.
Carefully study all documents that are provided for signing. The employer’s desire not to compensate for redundancy payments may push him to manipulate the documentation that the employee signs, which may subsequently serve as a reason for dismissal at the initiative of the employer.
Write a written pre-trial claim to the employer, which can serve as the basis for drawing up statement of claim.

Curious facts

You need to know that after management recognizes an employee as unsuitable for the position held, 2 months must pass, and after absenteeism or other violation - 6 months. Only then can the dismissal procedure be carried out. What applies to dismissal due to reduction in activity or liquidation of the company, here a necessary condition is the payment of severance pay.

If it is difficult for you to comply with the above points and be steadfast in the face of psychological pressure, all that remains is to try to quit on more favorable terms: with receiving compensation that will help maintain financial well-being while looking for another job.

The fastest and most optimal method of dismissal for both parties is dismissal by agreement. An official written dismissal agreement is drawn up between the parties, which must indicate the amount of compensation the employee receives and the timing of its payment. The optimal amount of compensation is considered to be three monthly salaries, since this is exactly how much an employee will receive upon layoff, having worked for another two months after receiving the notice and receiving a payment of one monthly salary when calculating.

If it was not possible to agree with the employer on the payment of compensation, all that remains is to demand an official reduction of the position.

Documentary evidence of forced dismissal

If an employee decides to collect documentary evidence of forced dismissal of his own free will to draw up a statement of claim, it is necessary to understand that it is not easy to prove the existence of coercion in court. When the application has not yet been written, it is better to follow the tips given above. If the dismissal order has already been issued or in case of need, it is better to stock up on the following evidence:

Video or audio recording of a conversation with the employer. Such evidence is considered dubious and indirect, since it is difficult to prove the authenticity of the recording. Care must be taken to ensure that the recording has good quality. In the absence of an official document requesting voluntary dismissal, such evidence of the conversation may serve as a basis for consideration of the claim by the court.
Witness testimony is evidence that will significantly increase the chances of winning the case. It is necessary to enlist the support of colleagues. It is also important that the testimony of witnesses cannot be interpreted ambiguously and that they sound confident. The assumptions of witnesses will not be strong evidence in court.
The results of medical examinations may be needed to confirm physical violence against the employee, if it was committed.
Other evidence. Such evidence can be both documents and records related to the case, as well as further actions of the employer after dismissal. For example, if an employer, within a few days after dismissal, found a person to fill a vacant position or made a reduction in position in staffing table, this will be indirect evidence that the employer has a desire to short time dismiss the employee.

Watch the video about forced dismissal

Employer's liability for forced dismissal

If the employee proves the employer's guilt, he will be reinstated by a court decision. In this case, the employer will compensate the employee for moral damage and pay an administrative fine of 30 to 50 thousand rubles. The losing party also pays legal costs.

If, in the process of forcing dismissal, physical violence was used or threats of physical violence were made against the employee, the employer will be held criminally liable.

But it should be understood that the employer’s request or offer to voluntarily write a letter of resignation will not be considered coercion by the court. The fact of psychological pressure and voicing threats against the employee or his family members must be proven.

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