The Village, with the help of experts, continues to find answers to working questions. This time we learned how best to act if the boss asks you to do something that is not your job, and what the Labor Code says about this.
How to respond to an offer?
Olga Pozdnyakova
Department HR Director retail sales TD "Ascona"
The likely actions depend on what and why you are asked to do. If you don't know how to respond, answer the following questions.
Whose job is this?
Colleagues who are on vacation or on sick leave. Then we act on the basis of the accepted corporate culture: if today you work for him, and tomorrow they will also replace you on your vacation - start completing tasks. If you will not be replaced or the company has decided to pay extra for combining, be sure to check with the boss how this will be rewarded.
This is the work of the boss himself, a new task that no one has done before. In this case, it is worth finding out whether this is a one-time task or an extension of job responsibilities. A one-time task, especially a developmental one, must be completed. IN modern companies First, tasks appear, then a specialist is hired for them. Therefore, because of a one-time task, it makes no sense to raise a fuss, even if you do not like this task.
If we are talking about new responsibilities, it makes sense to discuss payment and additional privileges. The same must be done if new tasks do not have a specific deadline, that is, you are asked to temporarily complete them. Remember, there is nothing more permanent than temporary - negotiate the payment.
This is the task of the subordinate employee. If this is your subordinate, who does not have time or does not cope with the task, you need to do it. You are responsible for the result of the team. However, if we are talking about completely alien, uninteresting duties, then you need to find out why you are being asked to do this. If it's part of the corporate culture, then the choice is simple: you either accept it and do the work because it's customary, or you leave the company.
Why does it need to be done?
This question often helps when such situations arise. Clarify for yourself the goal pursued by the leader. Often he pursues non-obvious goals when giving a task, for example, he wants the employee to gain experience design work. Or does he have a need for you to work with certain people. Sometimes managers prepare their deputies in this way.
Why you?
So, we found out that these duties are not yours, they are not interesting, they do not develop, and there will be no additional payment for them. Don't be outraged right away: find out why you were chosen to do this job.
It happens that the task is unpleasant, has nothing to do with you, and you do not want to do it. But the likely consequences could be catastrophic. In this case, the task must be completed. As well as talking with the boss after completing the work that you would not like a repetition of such situations.
Talk to your boss about the fact that you are overwhelmed. Bargain. Ask to prioritize your work.
Natalia Zharova
HR director logistics company V.I.G. Trans
Suppose an employee has been working in the company for a long time, perfectly fulfills his duties, all processes are established, results and statistics are growing, everything is fine. He knows when to react, with whom to communicate, to whom to send the necessary information. This is the same cog in the overall system that does not fail. And this ideal employee received another plan, which indicates a number of tasks that his colleague or the manager himself had previously done. The whole system is collapsing, and the ideal picture in the work is no more.
At this very moment, the employee needs to understand, in connection with which his responsibilities increase, and respond according to the situation. In fact, there are several options:
1) They want to promote him and check how ready he is to work in a non-standard situation.
2) They want to increase his functionality, because he copes with his own flawlessly, and they see him as a responsible and diligent worker.
3) The employee does not cope with his job, and he is tested for professional suitability in another area.
How should the employee react? immediately after receiving a new task, enter into a dialogue with the manager and find out what the new responsibilities are connected with. It is better to find out everything at once, and not to be silent and quietly angry at the whole world.
Is it legal?
Christina Lapshina
From the point of view of labor law in normal working conditions the employee must perform only those functions that are prescribed in his employment contract and job description. Employer demands to do someone else's work are illegal. The Labor Code clearly regulates that the requirement to engage in additional work that is not prescribed in the employment contract or job description is an abuse of the employer's rights.
Your position is specified in the employment contract - this is mandatory requirement. And all the functionality should be spelled out in the job description, which the employee should be familiarized with when hiring. I advise you to make sure to take a copy of the instructions so that in case of a dispute you have it in your hands.
Unfortunately, many employers now do not have job descriptions. In this case, the employee can prepare a draft instruction himself and offer it to the boss.
You need to know that if an employee does not want to work “for himself and that guy” and there are no grounds for mandatory overtime (elimination of emergency situations, for example), then he should not, even if he is threatened with dismissal. This ground for termination employment contract will be illegal.
Write a letter to your employer refusing to do additional work and send it by registered mail with notice. This can help in case of litigation with the employer.
But if you are still ready to do someone else's work, you have every right to demand an additional payment for it, by issuing this either by an additional agreement to the employment contract, or by registering an internal combination of positions.
Maximilian Grishin
Lawyer at Ilyashev & Partners
The Labor Code completely prohibits an employer from forcing an employee to do something that is not spelled out in his employment contract. There are only two exceptions here. In the event of a catastrophe (fire, earthquake, and so on), an employee can be transferred without his consent to work to eliminate the consequences for up to one month. Also, in emergency circumstances, you can transfer an employee to another front in case of downtime. In all other situations, the consent of the employee and / or conclusion is required to perform someone else's work. additional agreement to the employment contract concluded with him.
Ideally, all working conditions - duties, pay, terms - should be spelled out in the employment contract. Or it should contain a reference to some document where all this is described. A contract without such details is generally not considered concluded. But in practice, the employer does not always fulfill these requirements. For example, instead of an employment contract, he may conclude an agreement for the provision of paid services with an employee. It is often very similar to labor, but it is precisely all these details that protect the employee that are missing in it. If the employee providing paid services, in the end they will force you to do something completely different from what he verbally agreed with the employer, it will be almost impossible to challenge this if there is a signed contract, which stipulates the “rubber” volume and list of works. That is why you need to carefully read the documents that you sign when applying for a job.
If the employer forces the employee to do something that is not part of his duties, it is very difficult to resolve this situation without conflict. Here you have to either negotiate and ask for additional payment, or, unfortunately, quit. The new employer should be sympathetic to such a reason for changing jobs.
“Who, if not you?”, “No one will do it except you!”, “There is no one else to turn to” - if you regularly hear such phrases, then you are in good standing with your superiors. True, experts say, if for the sake of this high mark you have to take on other people's duties, work evenings and weekends, and all this is free, then most likely you are skillfully manipulated.
Experts from the recruitment portal HeadHunter Ukraine gave some advice on how to tactfully refuse your boss or colleagues and stop working "for yourself and that guy."
So, experts say, it is certainly wrong to work for two, or even for three, for one salary. But, first of all, let's note the advantages of the fact that extra work assigned to you.
- You are valued, so your position at work is stable, most likely, there is no threat of layoffs.
- You are a real professional in your field, and doing someone else's work is not too difficult for you.
- Doing a lot of work in short time, you gain experience and temper.
- Your boss marks you, so the chances of moving up the career ladder are quite high.
- You have every reason to ask for a pay rise.
How to say "no"
Perhaps, after reading this list of advantages, you have decided for yourself that everything suits you. However, it is possible that neither new position, no salary increase you do not shine. How to be in this case?
- Offer to share the responsibilities among everyone. For example, if one of the employees of your department went on vacation or quit, then, instead of completely "picking up" his work, tactfully advise delegating his duties to all employees of the department or neighboring departments.
- Clearly define the timing of "help". For example, in the case of a colleague's vacation, say that you are ready to do his work for exactly one week.
- Discuss your reward. For example, say that you are ready to take on the responsibilities of a colleague who has left, but what bonus can you expect at the end of the month?
- If you are offered to do someone else's work under the guise of "help", you can say that you are very pleased that they turned to you, but now you are busy doing your job.
- It is possible and necessary to help others, but still think a hundred times before offering help voluntarily. The fact is that next time they will already count on your help, and it will be much more difficult to refuse.
At the same time, experts note that in some cases the inability to say "no" is due to too vague job responsibilities in the company. The employee believes that this is not his job, but the boss thinks differently. The responsibility for this partly lies with the employee himself, who did not specify the list of his duties at the time of hiring.
"Even if you agreed, it's not forever"
Psychologists say that the first thing every person needs to do is to overcome their habit of agreeing to everything. Yes, it is difficult, unpleasant and uncomfortable to refuse, but who said that at work and in life everything should be pleasant and comfortable?
“Actually, refusing the boss’s order does not mean going into conflict at all,” says business coach Marina Derkach . - For example, you can simply list your current tasks to the boss and ask for help to determine priorities. In any case, you should not make excuses for a long time, apologize, or, even more so, "pull the cat by the tail", without saying either yes or no. It's annoying, even more than a rejection."
It happens that the task assigned to you is difficult, unpleasant, and even has nothing to do with you, but the consequences of its failure can be catastrophic. In this case, of course, the task must be completed. But, experts advise, you should not leave the conversation - it is important to show that your consent to do the work is not given "once and for all." Therefore, after completing the work, be sure to inform the boss that you worked in emergency mode and therefore would not like a repetition of such situations in the future.
Relationships in the workplace are not always good, and almost no one manages to do without conflicts. It is especially difficult for those whose leadership loves to shout, humiliate their subordinates and show their power in every possible way. Sometimes it comes to the point of absurdity, and it becomes simply impossible to work. Let's figure out what to do if the boss survives from work or interferes with the normal performance of his tasks. official duties.
If forced to do someone else's work
Management conflicts are different. Often visitors to the site are interested in what to do if the boss forces them to do someone else's work, is biased, and scoffs. In response to such demands, you can silently agree and satisfy them. However, if you do this once, for sure, a second one will follow, followed by a third, and a fourth.
A person who is not ready to put up with injustice, without additional payment doing someone else's work, you shouldn't do that. In this case, it is necessary to explain to the manager that the duties assigned to the employee do not comply with the employment contract.
You should be aware that this document clearly states what the employee who signed it must do. You have every right to refuse additional work or ask for additional payment for it. This is a normal procedure governed by article 60.2 Labor Code, according to which, for an additional payment, the employee may be charged additional responsibilities, not necessarily corresponding to his profession.
If the boss refuses to pay extra, then you must also refuse his demand and continue your usual activities in accordance with labor contract. You won't break any rules by doing this.
How to resolve a conflict situation
Often times, lawyers get questions about what to do if your boss is picking on you. This may manifest itself in different ways. The leader may yell or try to humiliate you on every occasion. For example, insult for the slightest delay or find fault because you came to workplace no tie. You can act in different ways.
Option 1. Instead of listening to the manager yelling and humiliating you, loudly declare that you are no longer going to continue working together and leave the office right in the middle of the working day. This is often done by impulsive people who do not always think about the consequences. For some, this approach may work. For example, a person who can easily find a job in another organization. In most cases, this should not be done. You will lose your job, and what to do next is not clear.
Option 2. If the boss yells, humiliates and otherwise shows disrespect, some people decide to answer him in the same way, i.e. explain in an impolite manner that he has no right to behave this way, since he himself makes mistakes, is late and commits other violations, and an experienced specialist does not need his instructions.
Life, the thing is not unambiguous and complex, at first labor activity a person is looking for a job, looking for a place where he could apply his skills in practice, then he begins to struggle with doing only the work that he agreed on in advance, and not the one that the management imposes on him.
Although in our time there are more and more cases when a manager tries to impose on an employee an “extra” job for him, i.e. he actually abuses his powers. And what can an employee object to such a boss?
How can he deal with such situations, and at the same time not lose his job, which he has been looking for for so long? After all, most often it is the loss of a job that makes many people do work that goes beyond their functionality.
Refusal to work - right or dismissal?
Remember that if you are forced to do work that you should not do due to your official status, but you are forced to do it, and this is motivated only by the fact that someone still needs to do it, then this is not legitimate. Here on the face of a direct abuse of his official position as a boss, forcing you to do what you should not do.
If you turn to labor law, then you can see an article there that regulates just such moments, i.e. it clearly states that the employer does not have such a right to require employees to perform work that is not specified in their employment contracts or contracts.
Moreover, everything that an employee must perform, i.e. everything that is included in it functional responsibilities prescribed in the job description. And the employee must sign this instruction when accepting him for this position.
Only under a confluence of relevant circumstances, the employer has the right to require the employee to perform any work that is not indicated in his job description. And these circumstances are:
- situations that can be attributed to force majeure situations;
- accident cases;
- situations when a natural disaster occurs, etc.
And therefore, if there are, in principle, no such circumstances listed at your work and in the city, then the employee may quite legally refuse to perform the duties that his management imposes on him, and if such duties are not indicated in the job description that he signed, or they are not specified in his employment contract.
At the same time, it is impossible to dismiss an employee due to the fact that he refused to perform such work - this is not legal. The only option for the authorities may be an offer for the employee to combine his main duties with additional work, but all this must be documented, and there must also be an appropriate remuneration for this work.
At the same time, the amount of such remuneration should be approximately the same as that received by another employee who performed this work as his main duties.
But, when an employee does not want to perform additional work even for remuneration, then he cannot be forced. There is no such legitimate mechanism for forcing a person to work where he does not want to work.
If a dispute arises between an employee and his employer on the basis of his job duties, then the commission resolving labor disputes, as well as through the courts, is engaged in resolving such a dispute. And if there is a trade union committee at the enterprise, then when resolving a dispute, its participation is simply obligatory.
The main thing to remember is that it is your right and even the duty to defend your rights if you see that they are being violated, and are completely sure that the truth is on your side. Good luck with your work!
Under the heading "Counsel's Advice" we answer your questions related to the field of law and requiring qualified clarification. Comment and clarify legal aspects there will be Tatyana Semeshko, a lawyer of the Minsk Regional Bar Association, a managing partner of the law office.
If you find yourself in a situation that requires the advice of a lawyer, write to us at [email protected](marked "Lawyer"). We will publish your story with Tatiana's comments.
Vse-temu.org
- I have been working in the organization for several years, I work, it seems to me, in good faith, I know my duties and fulfill them, there have never been questions about the quality and performance of my work by the management, I don’t even remember being late. But like many companies, ours also has problems, and recently several people have been fired, and they let us do their work. And it's okay when the assignments are somehow related to your work, but recently the director gave me a job that I never did and should not have done. Previously, another worker performed it, but he was recently fired. Part of his work was shifted to me, and I have to drag it out, because we were explained long ago that if we don’t want to do something, then there will be a lot of people who want to take our place. As a result, I had a "jamb". The director was out of his mind, he said that I would answer in full - I was provided with discipline, ordered me to write an explanatory note.
I can endure a lot, but I don’t want to spoil my personal business for sure. I understand that starting to swear is a sure way to get fired, but frankly, I'm afraid that this will not be the beginning of the end and I will not have to look for new job. Therefore, if suddenly something - is it worth arguing with the decision of the boss in my case, and if so, how to do it? I started reading the Labor Code, but came across some commissions on labor disputes, and it seems like it’s imperative to go there, but no one has heard of anything like that in our company, what then to do? What happens if I don't write an explanation? And yet - what kind of discipline can we talk about in my case? And how does this whole procedure take place?
Lawyer's comment
— In accordance with Art. 197 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code of the Republic of Belarus), an employee may be subject to disciplinary liability for committing a disciplinary offense.
The current legislation provides for two types of disciplinary liability: general and special. Special disciplinary liability can only be applied to employees with a special nature of work, among which the law includes transport workers, civil servants, military personnel, etc. It is not seen from the appeal that you belong to any of the listed categories of workers. In this regard, within the framework of this article, general issues of bringing to disciplinary responsibility in relation to the situation described in the appeal will be considered.
1. Measures of general disciplinary responsibility
As seen from Part 1 of Art. 198 of the Labor Code of the Republic of Belarus, for committing a disciplinary offense, the employer may apply the following disciplinary measures to the employee:
1) remark;
2) reprimand;
3) dismissal.
In addition, at present, this list of measures of general disciplinary responsibility is supplemented by the Decree of the President of the Republic of Belarus dated December 15, 2014 No. 5 “On strengthening the requirements for managerial personnel and employees of organizations”. The heads of organizations have been granted the right to apply to employees who have violated production, technological, executive or labor discipline, as a disciplinary measure, the deprivation of all or part of additional incentive payments for up to 12 months.
Depending on the circumstances of the case, any of these measures may be applied to you.
Of particular note is the fact that for each disciplinary offense, only one of the four above can be applied. disciplinary action.
In addition, an employee who has committed a disciplinary offense may be subject to the provisions of local regulatory legal acts organization (for example, in a collective agreement, if any) other legal measures (such as, for example, changing the order of granting labor leave etc.). Due to the fact that these measures are not disciplinary sanctions, they can be applied regardless of the imposition of a disciplinary sanction.
2. How is the choice of a measure of disciplinary responsibility
In accordance with applicable law, the right to choose a measure of disciplinary action belongs to the employer.
In this case, the employer must take into account the following circumstances:
- the severity of the disciplinary offense;
- the circumstances under which it was committed;
- previous work and behavior of the worker at work.
Inconsistency of the disciplinary sanction applied to the employee specified requirements is the basis for declaring the recovery illegal and canceling it. After that, the employer has the right to apply a milder disciplinary sanction to the employee, if the stipulated time limits for bringing to disciplinary responsibility have not expired.
3. Terms of application of disciplinary sanctions
According to Art. 200 of the Labor Code of the Republic of Belarus, a disciplinary sanction is applied:
- no later than one month from the date of detection of a disciplinary offense by a person to whom the employee is directly subordinate (not counting the time of the employee's illness and (or) his stay on vacation);
- no later than six months (and based on the results of an audit, an audit conducted by competent government bodies or organizations - no later than two years) from the day the disciplinary offense was committed.
The terms for bringing to disciplinary liability do not include the terms for the consideration of a labor dispute in the bodies for the consideration of labor disputes.
4. The procedure for applying disciplinary sanctions
A disciplinary sanction is drawn up by an order (instruction), resolution of the employer, announced to the employee against signature within five days, not counting the time of the employee's illness and (or) his stay on vacation.
Noteworthy is the fact that in accordance with Part 6 of Art. 199 of the Labor Code of the Republic of Belarus, an employee who is not familiar with the order (instruction), resolution on disciplinary action is considered not to have disciplinary action. An exception to this rule is the refusal of the employee to familiarize himself with the document on bringing him to disciplinary responsibility, which is drawn up in the form of an act indicating the witnesses present. In this case, the employee is considered to be properly acquainted with the decision of the employer to impose disciplinary liability on him.
Answering your question regarding the obligation to write an explanatory note by you, it should be noted that before applying a disciplinary sanction, the employer is in any case obliged to request a written explanation from the employee. However, the employee's refusal to give an explanation is not an obstacle to the application of a penalty and is drawn up in an act indicating the witnesses present (parts 1, 2, article 199 of the Labor Code of the Republic of Belarus).
5. The procedure for appealing disciplinary sanctions
As seen from Art. 233 of the Labor Code of the Republic of Belarus, individual labor disputes regarding the application of labor legislation are considered:
- commissions on labor disputes;
- courts.
As you can see from the appeal, your organization has not created a commission on labor disputes. In this case, you should apply directly to the court for the protection of your violated right.
It should be noted that cases on labor disputes on appealing disciplinary sanctions are considered by the courts in the order of action proceedings.
Particularly noteworthy is the fact that, based on the meaning of Part 1 of Art. 242 of the Labor Code of the Republic of Belarus, employees can apply to the court in cases established by legislative acts within three months from the day they learned or should have learned about the violation of their rights, and in cases of dismissal - to the court within a month from the date of delivery of a copy of the order on dismissal or from the date of issue work book with a record of the grounds for termination of the employment contract or from the date of refusal to issue or receive the specified documents.
Therefore, it is important for you not to miss the deadlines for going to court to challenge the actions of the employer.
With regard to the situation described in the appeal, special attention deserves that, in accordance with the Labor Code of the Republic of Belarus, a disciplinary offense should be understood as an unlawful, guilty failure to perform or improper performance by an employee of his labor duties.
My personal advice: in your case, it is necessary to find out whether the duties of the dismissed employee were officially assigned to you, and also whether, in general, the performance of these duties was part of your job responsibilities. Depending on the answers to these questions, a decision should be made on the advisability of appealing a disciplinary sanction in the event that you are still subject to disciplinary action.
How a lawyer can help: Having studied the submitted documents and received answers to questions that remain outside the scope of the situation set out in the letter, the lawyer will recommend the best position for you, tell you how and what evidence you need to stock up to achieve the maximum result in your case. If necessary, prepare written documents: requests, petitions, statements, statement of claim, legal substantiation of your position, necessary calculations and so on. Will be able to conduct a case in court, as well as act as a representative in other instances.
