On Monday, everything is usually bad and I want to quit. Suddenly, you had a fight with the boss today and you were asked to write on your own. If so, feel free to read the article.
Hello! We all had this experience. You are called by the chief. It calls at the very moment when it should not. Makes sad eyes and says ...
You know, you're a good guy, but ... And usually everything that comes to but doesn’t matter. Therefore, he simply says: “you need to write on your own, because ... and so on.
Below is an instruction on what to do when the first (or nth) time such a conversation arose.
Introductory:
- They fired me after a trial period;
- There was no job description.
So let's go.
Once again disclaimer
I will make a reservation again that below is my experience, which does not claim to be the ultimate truth and is far from exhaustive in terms of all legislative nuances. But there is a base to which you can adhere.
Typically, the dismissal looks like this: the compassionate eyes of the boss, an explanation of the reasons that I don’t want to believe in, and the suggestion that we go forward and write in our own way. After all, an employment record can ruin everything. Usually, employees are working, although show me examples when they looked at your workplace somewhere before you received the offer , and not when collecting all the documents. I’ve never met anything like this, but in the resume, they still lie.
But, fortunately, the labor code (hereinafter TC) in Russia is on the side of the employee, not the employer, but general legal illiteracy allows us to manipulate. So, two stories are possible:
- You are on probation;
- You have already passed it, and your contract is ordinary, not urgent.
You must be an adequate professional
In both stories, you must be a specialist who knows his own worth and is confident in his competencies. And there were no complaints against you before the notice of dismissal. Those. You just came under optimization of cost reduction or you have a conflict with someone from the bosses. It is important that you are not a great jerk in development .
To be honest, in the second case, everything is simple. They will try to persuade you to quit on your own, but TC implies compensation and it is important to get it. In some clever article, I read that when dismissing 80% of psychology and only 20% of the law. The economy should be economical, and therefore, professionals in their field (usually HRD - human resource director) will begin to press you, some colleagues will for some reason become not so friendly, the immediate boss will give tasks with an unrealistic deadline and streamlined wording, and even if you will work at night to catch it, there is always something to complain about.
When you realize that you are being drained, your main weapon will be calm, politeness, denial of documents that accuse you of unprofessionalism. You will be very competently rocking, displaying emotions. The goal of all this is that you give up and write on your own, and the company saved some money. It is better if you have a contact that is legally competent and will accompany you along the way. I was wildly lucky, and a lawyer and two HRDs helped me.
If there is no job description
You may already be thinking about how many salaries you are cutting from an unethical employer. So I was lucky, I did not have a job description, which means that it is impossible to prove that the result of my work is not satisfactory at all, since there is no measure of what I did and what not.
So, the checklist what needs to be done (identical for both points above):
- Follow all regulations / rules for your contract and internal regulatory documents. If it says that you work from 8:00, then you need to come to 8:00 despite the fact that you arrived earlier 5 minutes before your scrum-day at 11:45;
- Any correspondence should be carried out by email, as email can be attached to court documents;
- Any documents that you are asked to sign, copy and leave to yourself;
- If you are not given regulatory documents for review, and it can be understood from them that people in the company themselves are violating something, then request them in writing, referring to article 62 of the Labor Code.
- You can get certification, but the trick is that you cannot be fired on the basis of certification, and they can conduct it not according to the rules. So this is just another psychological trick.
- Keep calm until the end, wait for the employer to make mistakes, but in no case do not report them.
Hooray, they take a step towards
Having understood that you know how to fight the world and know your rights, they will come to you with a proposal of financial compensation. They will come because the labor inspectorate still has the authority: fines and even suspension of actions if there are violations.
There is conflicting advice where the opinions of my advisers are divided. Whether to propose to disperse by agreement of the parties. It can be used against you that you extort, and it seems that even judicial practice exists when employees were refused. But you can offer this by phoning the messenger when the conversation is difficult to record. Or all the same, wait for the first to come to you with a similar request.
And now the flip side of the coin or advice to inexperienced employers
If the company is small and has little turnover, then hiring TC employees can be dangerous. After all, there are unscrupulous guys who can settle down and really extort. How to protect yourself:
It should be all right with the documents;
Speed up people at the entrance, request recommendations from past work;
To look at labor in advance (not sure how much such a requirement is legal);
To register labor relations not according to the Labor Code (IE, self-employed).
As usual, the survey is in the end and I will be glad to your experience and advice.
And yes, do not send this article to the employer, suddenly they have no job description for you.
ps many thanks to the lawyer Larisa, who valiantly and free of charge accompanied all 3 weeks the hell of a psychological and legal struggle with an unethical employer.