How to properly write a report about an employee’s inappropriate and boorish behavior?

DEFINITION OF A REPORT ACCORDING TO LEGISLATION

As mentioned above, a memorandum is used to convey information to the management of the organization. By definition, this document, which is most often addressed specifically to the head of a structural unit or the head of an organization, must contain a detailed presentation by the compiler of a certain issue with all conclusions and proposals.

The legislation does not provide for the division of information and reference documentation into types, therefore the term “memorandum” does not appear in any regulations, and its definition is not clearly regulated in any way. Despite this, the document has an OKUD number - 0286041.

How to hold people accountable

Even a single case of insult is grounds for prosecution. If an employee encounters such an attitude in a team, he needs to notify his superiors about this and also file a statement with the police. The report must be registered at the enterprise; an internal investigation will be conducted upon the employee’s complaint.

Since respectful treatment of colleagues is a mandatory condition of the employment contract and job description, the employer has the right to take disciplinary measures (warning, reprimand or dismissal). Dismissal at the initiative of management will follow if the facts of insults are systematic.

In relation to insults by a manager, a report may be sent to a higher authority.

Even if the employee was subject to disciplinary action at work, he will be held liable under Art. 5.61 Code of Administrative Offenses of the Russian Federation. The procedure for imposing punishment is as follows:

• upon a citizen’s request, an inspection is carried out - if the fact of insult is confirmed, an administrative protocol is drawn up;
• employees of the Ministry of Internal Affairs, or the victim himself, must collect evidence confirming the fact of humiliation of honor and dignity, as well as an indecent form of expression (for proof they can use testimony of witnesses, copies of newspapers or documents, certified photographs from Internet pages, etc.);
• the violator is notified in writing of the place and time of consideration of the case - for this purpose a summons is sent;
• following the results of the proceedings, the court issues a decision to impose a fine, which is subject to enforcement;
• If the violator does not voluntarily pay the fine within 60 days, the bailiffs will take over the collection.

Therefore, to compensate for the suffering caused, it is necessary to go to court with a claim for compensation for moral damage. The amount of compensation is indicated in the claim by the victim himself, but the final assessment will be determined by the court in its decision. The amount of compensation does not depend on the size of the fine imposed, but depends on the nature of the insult and the degree of moral suffering.

The fact of insult can be proven by submitting a judicial act imposing an administrative fine . To confirm to the court the nature and extent of moral suffering, it is necessary to provide additional evidence, including testimony of witnesses (for example, work colleagues who witnessed a conflict with the boss).

SPECIFIC DIFFERENCES OF REPORTS FROM OFFICIAL AND EXPLANATORY NOTES

Reports have specific differences from official and explanatory notes. The most important of these is the focus of this document. Such notes, unlike official ones, are addressed exclusively to higher officials and the management of the organization.

A distinctive feature is also the purpose of drawing up the document. The information contained in the report is intended to encourage the addressee to make a decision or take some action. Then, when an explanatory note is aimed at the desire to explain something, a memo simply conveys some information to another employee.

The measure applied in this case depends on the information contained in the report and is not a distinctive feature, since the application of any measures can be based on any type of information.

It should be noted that the memo has legal force.

Responsibility of the employee for this behavior

An employee who indulges in this behavior towards staff or clients can usually be subject to disciplinary action or a reprimand.

Important! It is impossible to immediately dismiss an employee for this violation, since it is not a serious violation, but if these facts are repeated, extreme measures can be applied.

These violations can be regarded not only as non-compliance with the Labor Code, but also with the Civil Code, if there is a fact of insult or slander.

Two parties have the right to go to court, the victim and the employees.

If the person who allowed himself to be treated incorrectly in the team holds a leadership position, then the employees can file a lawsuit against the organization itself by collectively signing the claim.

REASONS FOR PREPARING REPORTS

According to the specifics, the memo is intended to inform management and motivate them to action. There may be the following reasons for this:

• Desire to resolve problematic issues with other employees;
• Making proposals to increase productivity;
• The desire to report to management information about violations of internal regulations;
• The desire to conduct proceedings regarding the unlawful actions of another employee;
• The desire to convey one’s position in conflict situations with other employees or management;
• etc.

Effectiveness of the note

A report for offensive actions at the place of work should be submitted if you are confident that you are right and there will be no problems with management and colleagues in the future.

Sometimes it is easier to extinguish a conflict situation at the very beginning than to inflate it to enormous proportions.

What are the goals of such actions?

• improving the performance indicators of the team’s labor (in the event of a conflict, the level of such an important factor decreases);
• restoration of the organization’s reputation (if its clients witnessed the incident);
• harmonization of the psychological state of the team;
• conflict resolution;
• removal of responsibility from the offended citizen;
• protection of one's own rights.

There are circumstances in which filing a report is not only ineffective, but also lacks the necessary objectivity:

• the victim experiences personal hostility towards the offender;
• there is no evidence of the incident;
• the conflict is minor and did not have a serious impact on the team;
• the dispute was settled in time.

In other situations, you should definitely contact management with a report against an employee for insult, in order to prevent such a problem from arising in the future.

THE CONCEPT OF INSULT ACCORDING TO LEGISLATION

According to the Code of Administrative Offenses of the Russian Federation, an insult can be considered a set of words or actions aimed at deliberately humiliating the honor and dignity of an individual and expressed in an indecent form . This offense implies the presence of an addressee - the victim of unlawful actions and their perpetrator - the offender.

In the case of harassment in the workplace, the following categories can be distinguished:

• Insult by a third party: client, supplier or other visitor;
• Insult by the boss of a specific subordinate or even an entire department;
• Insult about a colleague's face.

Based on statistics, we can firmly state that a huge number of people constantly undergo such human rights violations, but they should not be ignored, especially if this happens with enviable regularity. First of all, this problem should evoke a desire to punish the offender - this is a healthy reaction of a normal person.

In this case, you should not enter into a conflict situation, but bring information about it to senior management. You can choose to write a memorandum as a method of such reporting. Read on to learn how to format it correctly.

Insult as a legal term

Insult is a humiliation of a person’s honor and dignity. Signs of insult include the following factors:

• intentionally committing offensive acts,
• an offensive message may be exposed: in the form of obscene language,
• in comparison with animals or objects,
• display of indecent gestures.

The insult can be inflicted verbally or in writing, or contained in an audio or video recording.

Let's look at an example of what can be considered an insult, as a fact of an administrative offense. A man came to the post office to receive a registered letter. Seeing the huge queue, he began to be indignant, using profanity. This act cannot be classified as an insult. If a man addressed these words to a specific postal employee, then it would be considered an insult.

Insult at work is a special case of an administrative offense. Insult during the work process can be caused:

• colleague,
• boss,
• by a third party.

Let's consider further what kind of insult in the workplace can be.

RULES FOR COMPLETING A REPORT FOR INSULT

When writing this kind of note, you should use A4 paper. This document requires typewritten text, but can also be prepared in the traditional way - by handwriting.

You need to write in the first person in short and understandable phrases, avoiding ambiguity. The note must be drawn up in compliance with all rules and regulations, otherwise it will not have legal force and will not become the basis for taking any measures to resolve the issue presented.

The memorandum must contain the name of the organization and structural unit, as well as the data of the manager to whom the document is intended and the employee compiling it. Typically this information is indicated in the upper right corner.

After a small indent according to the rules for document formatting, the name of the document is indicated in the middle of the line, and the date of preparation and note number are indicated on the line below. Another line below is indicated by something like the following heading: “On workplace harassment.”

Next comes the main text of the document, which talks about the fact of the insult and the circumstances that led to it. The text should end with a specific request for this circumstance. At the end of the memorandum, the position of the compiler, his initials and signature are indicated.

Then you should submit it to the director’s secretariat and make sure that the report is accepted and registered according to generally accepted rules.

Report on workplace harassment

The document is drawn up in any form in 2 copies. The report must contain the following information:

• name of the addressee, i.e. to which authority the document will be sent,
• Full name, passport details, place of work and position of the victim,
• name of the document, depending on where the note will be sent: memo - when contacting superiors,
• statement of claim – when addressed to the court,
• statement – ​​when filing a complaint with the prosecutor’s office or the police,

Next, this document must be delivered to the addressee. You can do this in several ways:

• personally, while the responsible person accepting the report must register it in the register of incoming receipts and make a note on the copy that remains with the applicant about who and when accepted the document,
• by courier, the situation for registering a report is similar to the previous method,
• by post with acknowledgment of delivery. This method assumes that after delivery of the item to the addressee, the postal service will notify the applicant of delivery.

SAMPLE REPORT FOR INSULT

To design a report, you can use the following example as a sample or template.

Measures of influence on the offender

The most common type of harassment in the workplace is when the employee is the victim and the boss is the offender. Regardless of who initiated the insult, there are several ways to adequately, without using retaliatory insults, punish the instigator of the conflict:

• contact the police,
• write a statement to the prosecutor's office,
• file a lawsuit for personal injury,
• solve a problem at the enterprise where the citizen works by drawing up a memo.

It is logical that if the insult came from a work colleague, then you need to complain to your superiors. If your boss insulted you, then it is better to contact the prosecutor’s office, the police or the court.

An appeal to any of the listed authorities requires a formalized document that clearly states all the facts of the incident and the requirements for resolving the conflict. Such a document is a memo.

FREQUENTLY ASKED QUESTIONS AND ANSWERS TO THEM

Question No. 1: While at work, I was insulted by another employee. What measures can an employer take?

Answer: The employer can help resolve the conflict or call on the guilty employee to publicly apologize. Punishment in the form of a fine can only be applied in judicial practice. The amount of such fines for insult ranges from one to five thousand rubles for ordinary citizens, and from ten to fifty thousand for people holding a certain position.

Question No. 2: What is the storage period for memos?

Answer: The storage of official, explanatory and reporting notes must be carried out permanently, since they are management archival documents.
This was approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558. Rate the quality of the article. Your opinion is important to us:

Legislative regulation

An insult during work can be inflicted on both a citizen and an official. Various regulations regulate such conflicts.

Insulting an individual is an action that is in the sphere of interpersonal relations, therefore measures of liability are contained in the Code of Administrative Offenses, in Article 5.61. Article 21 of the Constitution protects the honor and dignity of every citizen of Russia.

If the insult is combined with the use of real threats to health or life, then this is already regarded as a criminal offense, and therefore falls under the scope of the Criminal Code.

Insulting a citizen who is in public service is punishable by criminal prosecution. Such cases fall under the Criminal Code.

Watch the video. Memorandum:

Results

Boorish behavior is an unacceptable element of an employee’s relationship with colleagues, clients, and company partners. Timely informing the company's management about such incidents is a significant factor in ensuring the stability of the internal corporate management system.

You can get acquainted with other important aspects of personnel management in Russian companies in the articles:

• “Internal labor regulations - sample 2018”;
• "Unified form No. TD-1 - Employment contract."

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

How to properly write a report about an employee’s inappropriate and boorish behavior

For the appearance of an employee in a drunken state and for inappropriate behavior. But only on condition that the norms of inappropriate behavior and their prohibition are included in the local regulatory documents of the organization.

Since the concept of incorrect behavior, as well as punishment for it, is not prescribed in the main legislative acts, in order to be able to qualify the incorrect behavior of an employee, as well as apply punishment for it, it is necessary to include the above concepts in the local regulatory documents of the organization.

Report about boorish behavior of an employee

In accordance with the provisions of Art. 5/61 of the Code of Administrative Offenses of the Russian Federation, incorrect behavior of an employee is understood as the public expression of his opinion, which humiliates the honor and dignity of a colleague involved in joint work activities. This article also provides the following:

When the conditions under consideration occur, the subject, first of all, must be familiar with the concept of inappropriate behavior within the framework of professional relationships in order to correctly interpret it on the part of a colleague.