Conflicts with employees: 11 most common cases

A team is a collection of people with different characters and worldviews, whose work is difficult to imagine without conflicts. In the article we will look at two groups of conflicts: between the manager and the team, and also between an ordinary employee and the team. Let's discuss several types of conflicts from each group, find out their causes and find out how they can be avoided. And, of course, we’ll talk about measures to prevent conflict situations in the team. And to master this skill perfectly and hone it in practice, come to the “Best Communication Techniques” program.

Punishment of the innocent

Most often, disciplinary measures are taken against an employee for being late for work.
If such violations are repeated repeatedly or the employee is more than four hours late, the employer has the right to dismiss the violator. An employee can be punished if he is guilty of an offense committed. This is stated in Article 192 of the Labor Code. Therefore, the employer is obliged to obtain from the violator a written explanation of his misconduct.

As an excuse, the employee may refer to the poor performance of public transport, weather conditions and other similar circumstances that he could not foresee. The employer decides whether the reason given by the employee is valid. And in most cases such explanations do not satisfy him. The result is a conflict with the employee.

If in such a situation the employer fires the violator for absenteeism, there is a high probability that the fired person will go to court to restore justice. Then the company will have to prove that the employee skipped work without a good reason.

To prevent this from happening, you must get a written explanation from him regarding the violation and ask him to provide evidence of your words. And in case of refusal, draw up a document to this effect.

An employee’s refusal to give explanations regarding an offense committed cannot be regarded as a violation of discipline, much less punished for it (decision of the Supreme Court of the Russian Federation No. 47-G04-29, review of the judicial practice of the Supreme Court of the Russian Federation for the IV quarter of 2004, dated 02/09/2005. ).

Also keep in mind that the following cannot be considered absenteeism:

• employee’s absence from public events;
• employee’s avoidance of performing actions not related to work duties;
• the employee’s refusal to start work to which he was transferred in violation of the law;
• an employee being, without good reason, not at his workplace, but in the premises of another or the same workshop (department) or on the territory of an enterprise or facility where he must perform his labor functions;
• removal of an employee from work by the employer.

A properly drafted job description will help you avoid conflict with an employee. Its wording must clearly define how the employee should perform his duties. If this is not done, it will be difficult to establish whether the employee is at fault for failing to fulfill his duties.

Conflict resolution

Conflicts at work can only be resolved through the right actions. The boss must call both sides of the confrontation in turn. He identifies the causes of the clash, inviting his opponents to express their point of view. Having delved into the situation, you can find a compromise. The boss invites both parties to express their complaints to each other's faces. Meeting participants can make a decision if the parties do not want to compromise.

If the decision made by the meeting participants is not implemented by the parties, sanctions are applied to them. Sometimes, in particularly severe cases, it is necessary to limit communication between the warring parties as much as possible. In most cases, it is possible to find an effective way to solve the problem.

Inconsistency between the severity of the offense and the punishment

When deciding to punish an employee, you need to take into account the severity of the offense he committed. This is necessary despite the fact that the Labor Code of the Russian Federation does not contain requirements for such a comparison.

Keep in mind that even if an employee has committed several disciplinary offenses, this is not a reason for his dismissal.

EXAMPLEWatchman Mikhailova was reprimanded for leaving her workplace during work without notifying the shift supervisor. The worker explained her action by the need to take medicine from the first aid kit. After some time, she called home from her workplace, thereby violating her job descriptions, which established a ban on conducting personal telephone conversations from a work phone. At the same time, the employee explained that she called home because she was worried about the health and safety of her young daughter, who was there alone. The employer fired Mikhailova for repeated violations of labor discipline. In response, the employee filed a complaint with the court, which found that Mikhailova’s violations of labor discipline were minor, and it was inappropriate to fire her for this.

Ways to effectively manage conflicts

Conflict management belongs to the branches of psychology. The manager’s actions are aimed at eliminating contradictions by eliminating their root cause. The main goal is to turn destructive disagreement into constructive one. To effectively manage these processes it is necessary:

• determine the type of dispute that is brewing;
• identify the root causes;
• study the situation in detail, the characters of future opponents;
• choose the best way out of the current situation.

Illegal punishments

The types of disciplinary sanctions that can be applied to an employee are listed in Article 192 of the Labor Code. This:

• comment;
• rebuke;
• dismissal.

Other types of disciplinary sanctions can only be applied to state civil servants. The Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” speaks about them. It allows a civil servant to be reprimanded, reprimanded, warned of incomplete official compliance, released from the position being filled, or dismissed from the civil service (Article 57 of the Law).

And Federal Law No. 2202-1 of January 17, 1992 “On the Prosecutor’s Office of the Russian Federation” gives the right, as a disciplinary sanction, to deprive an employee of the badge “Honorary Worker of the Prosecutor’s Office of the Russian Federation.”

There are no such laws for commercial firms. Therefore, it is prohibited to apply punishments not listed in the Labor Code.

You should also remember the special procedure for applying dismissal as a disciplinary sanction. You can only fire:

• for repeated violations of labor discipline;
• for gross violation of labor discipline, including by the head of the company and his deputies;
• for an unreasonable decision made by the manager, which resulted in damage to the company’s property.

However, employers often “reinvent the wheel.” Here are the most common penalties not provided for by law:

• fine;
• deprivation of bonus;
• warning;
• censure.

Labor legislation does not allow the use of a fine as a form of influence on an employee. Such punishment is applicable for administrative, tax and criminal offenses.

If an employer wants to punish an employee for dishonest performance of work or failure to meet production standards, he must use Article 155 of the Labor Code. It allows you to reduce wages depending on the volume of work performed.

Deprivation of a bonus can be used as a form of financial punishment in addition to disciplinary action. To do this, it is necessary to stipulate in the Regulations on Bonuses that bonuses are not paid to employees who have disciplinary sanctions. Then there will be no conflicts with employees.

On a note

The use of such measures as disciplinary sanctions, such as depriving an employee of percentage bonuses, bonuses for the special nature of work, reduction of travel allowances, etc., is illegal.

If it is necessary to exert an educational influence on an employee, you can reprimand or warn him.

EXAMPLE Cashier of Palitra LLC Fedorova, leaving the premises for official reasons, several times forgot to close the cash register window. After another such misconduct, the director of the company issued an order in which he warned the cashier about the need to conscientiously fulfill his duties. The employee asked the court to declare the order illegal. She indicated that the deadline for imposing a disciplinary sanction had been missed, and the procedure for its application was violated for the reason that she was not required to provide a written explanation. However, the court rejected Fedorova’s claim, since it recognized her actions as a violation of her job description. And the employer’s order is an assessment of the cashier’s work activity without applying disciplinary action.

Strategies for dealing with conflict

There are five basic strategies for dealing with conflict. Which of them is better to use in a given situation and with a certain personality type of the leader?

Style of competition (rivalry)

Suitable for a person who has a strong will and authority, is not very interested in cooperation with the other party and strives
primarily to satisfy his own interests
. This style can be used under the following circumstances:

- the outcome of the conflict is very important for the leader and he places a big bet on his solution to the problem that has arisen;

— the manager has sufficient power and authority, and it seems obvious to him that his decision is the best;

— there is no choice when making a decision;

- it is necessary to make an unpopular decision, and the manager has enough authority to do this;

— in relation to the subordinates with whom the manager interacts, the authoritarian management style is most effective.

This style is not used in close personal relationships, since it causes nothing but a feeling of alienation. Also, the competitive style is not applicable in a situation where a person does not have sufficient power, and his point of view on the issue under discussion differs from the point of view of a superior manager.

Collaboration style

suitable in cases where, when defending his own interests, the leader must take into account the needs and wishes of the other party.
This path, the goal of which is to develop a mutually beneficial solution
, requires long-term work to resolve disagreements. And for this, the parties to the conflict need to be able to explain their intentions, listen to each other and restrain emotions. Otherwise, cooperation will be ineffective.

You can use this style in the following situations:

- a common solution is required, and each approach to resolving the problem is important and does not allow for compromise;

— the manager (or institution) has developed a long-term, strong and interdependent relationship with the other party;

— the main goal is to gain joint work experience;

— the parties are able to listen to each other and outline the essence of their interests;

— it is necessary to combine different points of view and increase employee involvement in activities.

Compromise style

lies in the fact that the parties seek
to resolve differences through mutual concessions
. It is similar to the collaborative style, but is applied on a more superficial level, since the parties give in to each other in some way. The style is most effective in cases where the parties strive to achieve their goals, but know that at the same time this is unattainable. For example:

- the parties have equally convincing arguments and have the same power and authority;

- the solution to this problem is not of too great importance for the manager;

— the manager may be satisfied with a compromise, since there is no time to develop another solution or other approaches to solving the problem turned out to be ineffective;

- a compromise will allow the manager to get at least some benefits, otherwise he can lose everything.

Evasion style

usually implemented when the problem being discussed is not so important to the manager, he
does not cooperate to develop a solution
. This style can be used in the following cases:

— the source of disagreement is insignificant compared to solving other more important problems, so the manager believes that this problem is not worth wasting energy on;

— the manager knows that he cannot resolve the issue in his favor;

- there is not enough authority to solve the problem in the way desired by the manager;

— it is necessary to gain time to study the situation and obtain additional information before making any decision;

- it is inappropriate to try to solve the problem immediately, since acknowledging and openly discussing the conflict can only worsen the situation;

— subordinates can successfully resolve the conflict themselves.

You should not think that using this style is always an escape from a problem or an evasion of responsibility. In fact, avoiding confrontation or delaying conflict resolution may be a completely appropriate response, because the problem can resolve itself or will be resolved later, but with the necessary resources.

Adaptation style

means that the leader, acting together with the other party,
does not try to rigidly defend his own interests
. This style of behavior is most effective in cases where the outcome of the case is extremely important for the other party and is not very significant for the leader, or when the latter sacrifices his interests in favor of the other party. For example:

— restoring calm and stability is a more important task than the content of the conflict;

— the subject of disagreement is not important for the manager;

- a situation arises in which it is better to maintain good relations with your opponent than to hold on to your own point of view;

— the manager’s position is wrong;

— the manager does not have enough powers or chances to defend his interests.

Note that none of the conflict resolution styles discussed can be called the best. The head and employees of the institution should use all models of behavior, choosing from them depending on specific circumstances.

Punishment in violation of deadlines

A disciplinary sanction can be imposed on an employee only within a month from the moment the misconduct was discovered. For example, if an employer discovers misconduct on August 8, 2008, it can apply disciplinary action only until September 8, 2008.

Punishment at a later date will inevitably lead to conflicts and labor disputes. And if a violation of the law is discovered by the labor inspectorate, the manager faces a fine.

In order not to make a mistake in calculating the period, you need to remember several important points.

Firstly, it does not include the time during which the employee was on sick leave or on vacation. An employee's absence from work for other reasons (for example, time off) does not increase this period.

Secondly, the day when the misconduct was discovered is considered the day when the employee’s manager became aware of it. This is stated in paragraph 34 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”

EXAMPLE Employee Mikhalev was late for work. His lateness was recorded by the timekeeper Sviridova. The one-month period during which a disciplinary sanction can be imposed on Mikhalev should be calculated not from the moment the delay is discovered by the timekeeper, but from the day when it is reported to the manager.

It is also necessary to remember that after six months have passed from the date of the violation, the employee cannot be punished. The exception is cases when a violation is discovered during an audit, as a result of an audit, or during an inspection of the financial and economic activities of a company by the tax service or other controllers. In this case, the employee can be punished no later than two years from the date of the offense.

Conflict at work with your boss, what should you do?

You should not argue with your leader, remembering one covenant:

1. The boss is always right.
2. If the boss is wrong, see point one.

But leaders are not so hopeless. Sensible people, even if they are superior, make contact in complex and significant disputes. First of all, you should find out what is the reason for the misunderstanding? Is the fault due to professional unsuitability, or did the conflict at work with your boss happen because of the employee’s personal qualities?

Personal hostility is a phenomenon that cannot be eradicated. A lot of Hollywood stories revolve around how an underperforming executive becomes a successful and beloved executive. In life, the boss is consistent in his decisions and fires anyone he doesn’t like.

The employee's behavior strategy boils down to the fight for the right to work where he likes. This means:

• It is dignified and polite to respond to your boss’s reproaches.
• Keep your distance (do not lose your temper, do not show irritation).
• If there is another official above the boss, and work has not erased everything human from him, turn to him, he will help. True, the employee must have ironclad evidence of the guilt of his immediate supervisor in his hands.

If there are specific professional complaints against an employee, the algorithm is as follows:

• The man talks with the boss in detail about the problems.
• A person identifies his weaknesses.
• A person rushes into the abyss of labor.

Violation of the punishment procedure

When bringing an employee to disciplinary liability, we must not forget about collecting evidence that confirms the fact of the violation. They explain the essence of the offense, help establish the exact date of its commission and other circumstances. It is advisable that this evidence be documented.

To prevent an employee from having the desire to argue about evidence of a violation, he must:

• document the fact of violation;
• obtain a written explanation from the offender;
• if he refuses to explain the offense, draw up a report about it;
• the employee of the company who directly discovered the violation should write a memo to the manager;
• the immediate supervisor must draw up a proposal addressed to the director of the company to apply a disciplinary sanction to the violator.

In case of violation of the procedure for imposing penalties and punishment, the court may declare the employer’s actions illegal.

EXAMPLE Employee M. decided to resign from Soyuz CJSC of his own free will. Having written a statement addressed to the head of the company, he worked for two weeks, after which he did not return to work. The company management considered M.’s actions to be absenteeism and fired him on this basis. The employee appealed to the court with a request to declare the dismissal illegal. The court granted his request, as it found that M. had not been asked for a written explanation of the reasons for absenteeism and had not drawn up an act of refusal to provide explanations. That is, the employer violated the requirements of Article 192 of the Labor Code (decision of the Moscow Regional Court dated May 16, 2005 No. 33-4395).

The HR department should maintain records of all violations and disciplinary actions taken by employees. True, the Labor Code prohibits entering information about disciplinary sanctions into work books, and there is no corresponding column in the personal card. Therefore, the forms and methods of recording disciplinary sanctions can be established independently. For example, file extracts from punishment orders, submissions from the immediate supervisor for the application of punishment, acts and other evidence of the offense committed in the employee’s personal file.

It is also advisable to keep a sheet or card of rewards and penalties for each employee and store it in the personnel department while the employee works for the company.

Structure and stages of development of conflicts

First, let's look at the structural components:

• participants – from 2 to infinity. The initiator of the quarrel is the active party, the opponents are the passive party;
• conditions, the subject of the quarrel, which is the key object of the contradictions that have arisen;
• direct action;
• dispute resolution.

The stages of development look like this:

• gradual accumulation of negativity or instantaneous occurrence of a cause;
• interaction expressed in different forms: verbal altercation, personal insults, others;
• settlement. The permission can be full or partial.

There are spontaneous and cumulative disagreements that develop into a quarrel. In the first case, they quickly arise due to dissatisfaction and non-fulfillment of requirements, but are also quickly resolved. In the second case, negative emotions accumulate over a long period of time under the influence of envy, personal hostility, and resentment. In psychology, these phenomena are called realistic and unrealistic, respectively.

Conflicts during suspension from work

The Labor Code (Article 76) allows the employer to remove an employee from work in certain cases.

It's possible:

• if he showed up to work drunk;
• if he has not undergone training and testing of knowledge and skills in labor protection;
• if he has not passed the mandatory medical examination;
• if the doctor has identified a disease that prevents him from working;
• if the court, police, prosecutor's office, other controllers, as well as authorities demanded that he be removed from work due to an offense committed;
• if he is deprived of a special right for up to two months (for example, a driver’s license for violating traffic rules).

A conflict with an employee can occur when he is suspended from work for any of the listed reasons.

But more often it occurs when the employee himself is to blame for what happened. For example, if you went to work drunk. By the way, in order to punish an employee for such an offense, it is enough for him to simply appear drunk on the company’s territory.

Employees are often mistaken that only a doctor can confirm the fact of intoxication, and this cannot be done by eye. But paragraph 42 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” states that it is possible to prove the fact of intoxication using other methods.

On a note

An employee can be suspended from work if the doctor, during an examination, determines the degree of intoxication (mild, moderate, severe).

If only residual effects of intoxication are detected (dizziness, headache, nausea, strong breath (fumes), etc.), work cannot be prevented on this basis.

An employee can only be suspended for one day due to drunkenness. If he came to work sober the next day, the suspension would be illegal.

To prevent a conflict due to a failed medical examination, before sending an employee there, you need to have an explanatory conversation with him.

The same should be done if the company is going to send an employee to study in labor protection or intends to test knowledge in this area.

To suspend an employee for a crime, the police or prosecutor's office must petition the court. If the court makes such a decision, the employer will be obliged to comply with it.

Suspension from work must be formalized by order.

Nature and types of conflicts

Conflict (from Latin conflictus - collision) is a situation in which interests and opinions that are opposite in direction, incompatible with each other, collide, accompanied by the emergence of acute negative emotions and experiences. Conflicts between different people arise quite often as a result of any organizational changes, controversial issues, in work and interpersonal relationships. And each person perceives all this subjectively, seriously experiencing these moments on a psychological level.

As a rule, the cause of conflict in various situations is a clash of interests. For example, a quarrel could occur between a manager and an employee over a non-awarded bonus, between colleagues at school due to a difference in points of view on raising children, with the administrative department over budget issues, and so on. All of the above are the most common types of interpersonal confrontations.

There are also conflicts between groups of people (department managers and employees, slackers and hard workers, conservatives and innovators, and so on) - this type is called intergroup and is the most powerful and destructive.

There are also internal conflicts in one specific person - for example, in a situation where tickets have already been purchased and things have been packed for a family trip, but suddenly there is a need to be present at work to resolve urgent issues.

Each conflict has objects (causes), subjects (actors), main and indirect participants, and a change of roles may occur.

Any confrontation can be destructive or constructive. In the first option, there is no point in waiting for a good outcome; in the second case, it is important to adequately assess the situation, strive for open communication and create an atmosphere of trust and cooperation.

Each person applies strategies and tactics chosen for himself in conflict situations. To successfully manage what is happening, you must determine the line of behavior and attitudes of other participants in the conflict, as well as make adjustments to your own tactics.

Conflicts related to financial liability

To prevent conflicts related to the employee’s financial responsibility, you need to remember that he is obliged to compensate for damage to the company’s property. This is stated in Article 238 of the Labor Code.

The employee also bears financial responsibility in the case when he damaged the property of someone else's company, and his employer compensated for this damage. In this case, the employee will have to compensate for the losses that his company had to bear.

Only the amount of direct actual damage can be recovered from the employee. That is, the cost of destroyed or damaged equipment, goods or other property. This also includes the employer’s costs for purchasing new property or restoring damaged property. But the employee is not responsible for lost benefits.

This terrible word "conflict"

Conflict is the son of aggression, and aggression is a biological mechanism of any person.
It is with its help that the hidden problems of the team are revealed and the true traits of employees appear. Actively expressed aggression (i.e. conflict) promotes emotional release. Skillful resolution of conflict brings the team together: the negativity is thrown out, colleagues “opened up” to each other, showed their personal qualities, and resolved the problem. Therefore, you should not be afraid of conflict situations, you need to be able to resolve them.

Conflict can be called the engine of emotional harmony.

Conflict can be called the engine of emotional harmony.

Limited liability

As a general rule, an employee bears limited financial liability for damage caused to the employer. That is, you can collect from him an amount no more than his average monthly earnings (Article 241 of the Labor Code of the Russian Federation). For example, if the average monthly salary of the seller is five thousand rubles, and the amount of damage caused is 7,200 rubles, then in fact he will compensate for the damage in a limited amount, that is, in the amount of five thousand rubles.

Here are some of these cases:

• the employee negligently damaged or destroyed goods, tools, company property or special clothing issued for work;
• an employee of a trading company or store incorrectly stored the goods, as a result of which he caused damage to the employer;
• the employee - head of the department did not take the necessary measures to prevent downtime or theft of company property;
• the employer paid a fine because his sales employee did not use a cash register while working.

Demanding damages in full or in excess of average monthly earnings in all these cases is illegal and can lead to conflict.

Employee motivation as a key factor in conflict prevention

Motivation is an effective method of influence that forces employees to fully concentrate on completing assigned tasks. Motivation can take different forms:

• material (cash bonuses, valuable prizes in the form of equipment, travel around the country for, for example, manager of the year);
• career, aimed at accelerating the path from junior consultant to leading manager;
• professional, which involves attending trainings, webinars, foreign business trips to exchange experiences through the online store.

There are many types of motivation, but monetary incentives occupy a leading position . When implementing it, follow a number of tips:

• introduce a flexible bonus system, do not forget about fines for malicious neglect of duties;
• give bonuses for extra efforts, exceeding the plan, initiative, which have a beneficial effect on the profitability of the business.

Make a careful calculation. Motivational bonuses must be worthwhile, otherwise profitability will go negative.

Full financial responsibility

The employee must fully compensate for the damage only if:

• when he intentionally caused damage;
• when he caused damage while under the influence of alcohol, drugs or toxic substances;
• when he has committed a crime and there is a court verdict against him (for example, a seller is convicted of stealing several bottles of perfume);
• when he committed an administrative offense (for example, a store loader broke a display window for hooligan reasons);
• when he caused damage without fulfilling his job duties;
• when there is a shortage of money or goods.

These grounds are listed in Article 243 of the Labor Code.

In addition, the employee is obliged to fully compensate for the damage if he was responsible for the property under a special one-time written order of the employer.

If an agreement on full material individual (collective) liability has been concluded with an employee, compensation for damage can only be demanded for the lack of property. If the property was damaged due to violation of the storage period, the employee will be liable only within the limits of his average monthly salary (Article 244 of the Labor Code of the Russian Federation).

On a note

It is possible to conclude a written agreement with an employee on full financial responsibility if he holds a position or performs work specified in a special list.

This is a List of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual financial liability for shortages of entrusted property (approved by Resolution of the Ministry of Social Labor of Russia dated December 31, 2002 No. 85).

Such employees include, for example:

• cashiers, controllers, cashier-controllers;
• workers who carry out cash transactions when servicing ATMs;
• collectors;
• managers and other managers of warehouses, storerooms;
• forwarders.

To avoid misunderstandings, it is advisable to indicate the limits of their financial liability in the employment contract with employees who occupy positions listed in the list. If this is not done, you need to conclude a separate agreement on full financial liability.

An employee’s refusal to sign such an agreement is considered a violation of labor discipline. But a disciplinary sanction can be imposed on him only if two conditions are met:

• the obligation to maintain material assets is the main job function of the employee, and this is specified in the employment contract;
• the employee knew that an agreement on full financial liability could be concluded with him.

If an employee refuses to enter into an agreement on full financial responsibility, he can be dismissed under paragraph 7 of Article 77 of the Labor Code: “the employee’s refusal to continue working due to a change in the essential terms of the agreement.” This is the position of the Plenum of the Supreme Court of the Russian Federation (resolution of March 17, 2004 No. 2).

Another important point. An employee under 18 years of age can be brought to full financial liability only if the company’s property is damaged:

• intentionally;
• under the influence of alcohol, drugs or toxic substances;
• as a result of a crime or administrative offense.

However, the employer can forgive the employee for the damage he caused or demand compensation for only part of it. It's possible:

• if the damage is small;
• if the employee has proven himself during work only on the positive side;
• if the offending employee has a large family, a difficult financial situation, sick close relatives, etc.

However, it should be borne in mind that the employer’s right to forgive an employee for damage caused to the company may be limited by the owner of the company’s property or such a restriction may be written in the company’s charter.

Consequences of conflicts

Most often, conflict has negative consequences. But there are situations when it has a positive effect on all parties to the dispute. First, it allows you to identify a diversity of views, learn the peculiarities of thinking and opinions of colleagues. It provides useful additional information regarding the cause of the conflict.

Consequences of conflicts that were promptly resolved and eliminated:

1. Employees feel involved in the team and in the discussion of important work topics. They feel important. In the process of solving a problem, hostility and injustice are eliminated.
2. Employees become more cooperative. They develop their own position and strategy of behavior. They understand how not to behave so as not to become the initiator of another quarrel.
3. Reduces the likelihood of groupthink. Employees learn to express their opinions tolerantly and competently. In the process of discussing a conflict situation, they learn to respect each other.
4. But if the conflict is not resolved immediately, the outcome will not be very happy. A person will form a certain opinion about the other participant in the dispute, as an enemy and adversary. He will perceive his decisions as correct and logical, and the actions of the other side as absurd and stupid. Subsequently, such an employee will become self-centered and will react negatively to other people's suggestions and ideas. It is especially dangerous if this person is a boss.

Compensation for damage

To hold an employee financially liable, you need to correctly calculate the amount of damage he caused. Find out whether he is to blame for the damage to property or shortage, whether there is a cause-and-effect relationship between the actions of the employee and the damage to property.

To do this, it is necessary to conduct an internal audit, and sometimes an administrative or criminal investigation.

The inspection involves taking inventory of goods or other property. It is carried out by a special commission created by order of the head of the company. The employee must write an explanation and indicate in it how he caused the damage.

There are two ways to recover damages from the perpetrator:

• by order of the head of the company;
• By the tribunal's decision.

The first method is used if the amount of damage does not exceed the average monthly income of the culprit. If the amount of damage is greater, the manager must issue an order to recover the damage and invite the employee to compensate it voluntarily. The order must be issued no later than one month from the day when the final amount of damage is established.

The amount of damage caused is determined by actual losses. The calculation must be made based on the market value of the property in the area on the day the damage occurred. In this case, the degree of its wear must be taken into account. This procedure is established by Article 246 of the Labor Code.

So, the procedure for collecting damages from an employee includes the following steps:

• detection of damage and drawing up a report;
• sending a report to the manager about the occurrence of damage;
• issuing an order to conduct an audit and inventory;
• issuing an order to conduct an internal investigation;
• receiving written explanations from the employee;
• filing a complaint with the police if the manager believes that an administrative or criminal offense has been committed;
• issuance of an order imposing financial liability on the culprit;
• sending a written notice to the employee with an offer to compensate for the damage voluntarily;
• issuing an order to bring the culprit to disciplinary liability and familiarizing the employee with it against signature.

If the employee does not agree to voluntarily compensate for damages exceeding his average monthly earnings, or the manager did not have time to issue the necessary order, he will have to go to court.

How to behave during a conflict

Sometimes no amount of advice works and conflict is inevitable. If you started a conversation with a colleague in order to prevent a conflict, but the situation has come close to boiling point, the best tactic would be to defuse the situation and reduce the intensity of passions. For this:

• Speak more quietly and slowly
  to contain your emotions and not say nasty things to your opponent.
• Use the rule of three yeses
  . Tell your colleague that you respect his professionalism and experience, and then agree with three of his points that seem adequate to you.
• Change the conversation to a joke
  . Humor is a great way to lighten the mood.
• Try to reschedule the conversation
  . Say that there are urgent matters now, and it is better to postpone the conversation until tomorrow. During this time, you will have time to cool down and analyze each other's arguments and come up with counterarguments.

If a conflict does occur, wait for a while, and then try to soften the differences and be the first to meet us halfway. In the end, you both need to admit your mistakes in order to calmly discuss what happened and make peace.

When the employee is not responsible for the damage

The employee is not liable for damage if the employer has not provided the necessary conditions for storing the property entrusted to the employee. For example, he did not order the installation of a security alarm in the warehouse.

He is not liable in cases where the damage was caused due to force majeure, as a result of normal economic risk, extreme necessity or necessary defense.

EXAMPLE During an audit at the warehouse of Sever LLC, a shortage of goods was identified. The head of the company demanded that the storekeeper compensate for the damage. The employee did not agree with the demand and went to court. During the trial, it turned out that the warehouse was not originally intended for storing material assets. The warehouse was adjacent to other premises of the company. Its walls did not reach the ceiling, and the remaining space was fenced with a chain-link mesh. In addition, the spare key to the warehouse was kept by the warehouse manager, who was not a financially responsible person. The court concluded that the employer did not provide the necessary security for the premises, so the storekeeper could not properly fulfill her responsibilities for the safety of property. On this basis, the employee's claim was satisfied.

Conflicts in educational institutions

Participants in conflict situations in schools are teachers and management of the institution, as well as students and their parents. Here we can distinguish the following types of disagreements.

1. Motivational conflicts

arise between teachers and schoolchildren due to the fact that the latter either categorically do not study, or study without interest, under duress. Based on personal motivation (lack of it), such conflicts can grow and ultimately lead to confrontation between the teacher and the student.

2. Conflicts between the teacher (parents) and the student related to the organization of education,

are especially pronounced in four time periods. So, when a child enters the first grade, his leading activity changes (from play to study), and new responsibilities appear. When moving from primary to secondary school, a student no longer studies with one teacher, but with different subject teachers, and new school disciplines are added. When studying in the 9th grade, the student is faced with the problem of choosing: to go to a secondary specialized educational institution or continue his studies in the 10th - 11th grades. Finally, during the period of graduation, the future profession is determined and university exams are taken.

3. Conflicts in the interaction of students with each other, teachers and schoolchildren, teachers with each other, teaching staff and school administration arise due to the personal characteristics of those in conflict,

their attitudes and values. Thus, leadership conflicts are common among students, and in middle classes they are supplemented by confrontations between groups of boys and girls. The reasons for disagreements between teachers can be very different - from issues of the school schedule to discrepancies in personal attitudes. Conflicts between teachers and school management may be caused by issues of power and subordination.

Financial responsibility of the manager

Article 277 of the Labor Code imposes full financial liability on the manager for direct damage caused by his actions to the company. And federal laws of February 8, 1998 No. 14-FZ “On Limited Liability Companies” and of December 26, 1995 No. 208-FZ “On Joint-Stock Companies” oblige the manager to be responsible not only for direct damage, but also for lost damage ( lost) profit.

Reference

Lost profits are income that a legal entity or individual could have received under normal conditions of civil transactions if his right had not been violated (Part 2 of Article 15 of the Civil Code of the Russian Federation).

Let us recall that full financial liability occurs only when the manager caused harm while performing his managerial functions. For example, when, due to his decisions, excessive monetary payments were made (fines, salaries, etc.), measures were not taken to prevent downtime, theft, and the release of substandard products, and the principle of good faith and reasonableness was violated.

For example, a manager abused the right to dispose of the company’s property and made a major transaction that violated its interests.

If he breaks or damages any property of the company, he will be liable only to the extent of his average monthly earnings. However, full financial responsibility for this case can be provided for in the employment contract.

Note:

There is no need to conclude a special agreement on full financial liability with the manager.

Let's sum it up

The manager is obliged to prevent disagreements, otherwise there will be a gradual destabilization of work processes. The situation can be successfully resolved only if all its structural components are eliminated.

Constantly monitor the staff, use the services of a psychological consultant, avoid excessive harshness in communication, and do not take sides in the event of an open conflict situation. Using the above methods, you can resolve any dispute while maintaining your authority and peace of mind in the team!

Conflicts due to changes in working conditions

The law identifies mandatory and additional conditions of an employment contract. The first ones in any case must be spelled out in it. The latter can be included in the contract at the request of the parties. However, if additional conditions were specified in the contract, they become equal in force to the mandatory ones and acquire the same status as “defined by the parties”.

When entering a job, a person expects that the terms of the employment contract determined by the parties will not be changed without his consent (especially since Article 72 of the Labor Code of the Russian Federation directly prohibits this).

An employer's decision to change even one of them may cause serious dissatisfaction among the employee. And to prevent it from developing into a legal dispute, you need to know what legal requirements you need to adhere to.

The terms of an employment contract can be changed without the employee’s consent only for reasons related to organizational or technological measures. This is stated in Article 74 of the Labor Code.

The Plenum of the Supreme Court of the Russian Federation, in its resolution No. 2 of March 17, 2004, explained that organizational and technological measures should be understood as:

• changes in technology and production technology;
• improvement of workplaces based on their certification;
• structural reorganization of production, etc.

The most common reasons for changing working conditions and, as a result, transferring employees to another job are:

• reconstruction of production;
• supply disruptions;
• upgrades or other changes in technology;
• transfer of the enterprise to another location.

In any case, these changes must not worsen the employee’s position in comparison with the terms of the collective labor agreement (if concluded) or the working conditions at the time of the changes.

On a note

Reorganization measures cannot be carried out specifically to change the essential working conditions of employees.

The employee must be notified in writing of any upcoming changes in working conditions two months in advance. This obligation will be considered fulfilled if the employee:

• personally wrote a statement of agreement with the proposed changes;
• signed the order or instruction of the employer to change significant working conditions.

Instead of a handwritten application, you can prepare a written proposal on behalf of the employer to change working conditions with the stamp: “I agree with the transfer” and a place for the employee to sign. It is advisable to prepare the document in two copies signed by the employer and the head of the HR department. But the employee must enter the date of drawing up the document or reviewing it with his own hand.

Important

Only the employee’s written consent to the upcoming changes can serve as the basis for issuing an order to introduce them.

If the employee refuses to sign the notice, it is necessary to draw up a report about this. Subsequently, if a dispute arises with the employee, it will serve as evidence of his timely warning about the upcoming changes.

An employee who refuses to work under the new conditions must be offered any other vacant position available at the company. In this case, it is important to take into account his qualifications and health status (so that he can perform the proposed work). If the company does not have a vacancy that matches the employee’s qualifications, it is necessary to offer any less qualified and lower paid job.

The proposal must be made in writing. Then, in the event of a dispute, the employee will not be able to deny that it really happened.

EXAMPLE The head of the planning and economic department of the unitary enterprise OKB PT, Bulatova, had her salary reduced. At the same time, the employer did not notify the employee about the upcoming changes and did not obtain her written consent to work under the new conditions. Subsequently, she was dismissed under paragraph 12 of Article 81 of the Labor Code of the Russian Federation: “termination of access to state secrets.” Bulatova did not agree with the decision and went to court with a demand to reinstate her at work, to declare the salary reduction illegal, to recover from the employer unpaid wages, bonuses, remuneration, compensation for forced absence and moral damages. The court declared the actions of the head of OKB GP illegal and satisfied the employee’s demands in full (ruling of the Supreme Court of the Russian Federation of April 13, 2004 No. 35-G04-5).

If there is no suitable job or the employee refuses the proposals received, he can be fired under paragraph 7 of Article 77 of the Labor Code: “the employee’s refusal to continue working due to a change in the essential terms of the employment contract.” In this case, he does not need to pay severance pay.

Sometimes, due to changes in organizational or technological working conditions, an enterprise introduces a part-time working regime. In this case, the employee has to work in new conditions. If he refuses to work in the new regime, he can be fired under paragraph 2 of Article 81 of the Labor Code: “reduction in the number or staff of the organization’s employees.”

note

Part-time work can be introduced for a period of no longer than six months.

If an employee is transferred to another job without his consent, he has the right not to begin performing it. This will not be considered absenteeism. If he has started work, this does not mean automatic recognition of the legality of the translation. The employee retains the right to appeal the employer’s decision to the labor inspectorate or court.

If there is a conflict with a colleague at work, what should you do?

First, a brief classification of “colleague pests” and methods of combating them. So:

• “A talker or a brawler” is a boring type who distracts other people from their professional duties. In every office, people “work” - “passengers”. They are serving the number. They are not interested in work. In their activities, such entities primarily love salary. Such colleagues feel tolerable at work only two days a month - during the payment of advance payments and salaries. The rest of the time they suffer from the frailty of existence and talk a lot to ease their pain from the meaninglessness of existence. Only one flaw worries others about this type of worker: he needs an interlocutor.
• “An intriguer and a traitor” is a harmful type. At work, as in the world, there are people who are very irritated by other people's successes. And they try to knock the rider out of the saddle and plot. A person comes to a team, does not yet know the balance of power and asks such a person to help, and that person takes it and substitutes him.
• “An oppositionist or a sycophant of the leadership” is a dangerous type (“spy” or “informer”). Two facets of one phenomenon. Such an employee either likes or does not like his superiors and informs every colleague about this.

Ways to deal with human distractions:

• Those who like to talk and throw out their inescapable longing for world culture should be fenced off and shielded by an impenetrable screen of frantic labor. In everyday terms, this is expressed by the phrase: “Sorry, the topics are interesting, but I have urgent tasks, we’ll talk another time.” The colleague will go looking for another interlocutor.
• With the second type, you need to keep your eyes open and avoid dependence on him in your work. Be polite and not quarrel, so as not to get into trouble in the future.
• Not discussing your bosses at work is the main principle in the fight against spies and informers in the team.

So, the answer to the question, if there is a conflict at work with a colleague, what to do, stands on a simple but effective basis: “less words - more action.”

Hazing, personal relationships reduce labor productivity. At work you need to work, not make friends. If a person firmly believes in these simple rules, then he is not afraid of any conflict with a colleague.

If the soul still requires understanding even in the place where you need to work, then you can get on a first-name basis with a colleague only after lengthy reflection and weighing all the pros and cons.

Conflicts regarding compensation for travel expenses

Unfair, from the employee’s point of view, compensation for travel expenses can lead to a serious conflict.

To avoid it, you need to remember that the Labor Code establishes the company’s payment obligations:

• travel expenses to and from the business trip;
• expenses for renting residential premises;
• daily allowance in the amount established in the employment contract;
• other expenses associated with a business trip (fees for obtaining a visa, telephone calls, booking tickets and accommodation, etc.).

Usually, before leaving on a business trip, the company gives the employee an advance. After returning within three days, the employee must submit a financial report and documents confirming his expenses to the accounting department.

If an employee has spent less money than he was given for a business trip, he must hand over the rest to the cashier. If more money is spent and this is confirmed by documents, the company is obliged to reimburse the overexpenditure.

The company is obliged to reimburse in full:

• the cost of a ticket for public transport;
• payment for ticket reservation;
• payment for the use of bed linen on trains;
• the cost of travel by public transport to a station, pier or airport, if the landing place is located outside the city;
• the amount of insurance for passengers on transport.

The company is obliged to pay the employee’s expenses for renting accommodation on a business trip, as well as reimburse the costs of paying for additional services provided by the hotel, which are included in the cost of accommodation. The exceptions are services in a bar, restaurant or room and expenses for the use of recreational and health facilities (swimming pool, sauna, gym, etc.). The basis for reimbursement of expenses are invoices, invoices, cash register receipts or hotel strict reporting forms. To pay, one of these documents is sufficient (resolution of the Federal Antimonopoly Service of the West Siberian District dated June 11, 2003 in case No. F04/2539-461/A70-2003).

Daily allowance is paid to a posted worker for each day he is on a business trip, including weekends and holidays, as well as for all days he is en route (including the day of departure and the day of arrival). The amount of daily allowance paid to employees sent on a business trip is established by a collective agreement or local regulation (for example, by order of the manager).

EXAMPLE An employee of Passiv LLC, A. S. Somov, is sent on a business trip from September 9 to 11 of the current year (3 days). By order of the head of Passiv LLC, the daily allowance for business trips within Russia is 1,500 rubles. per day. The accountant of Passiv LLC must give A.S. Somov a daily allowance in the amount of: 1500 rubles/day. H 3 days = 4500 rub.

When an employee is sent on a business trip to an area from where he can return to his permanent place of residence every day, per diem is not paid. It is advisable to give the employee money in advance to pay the daily allowance based on the expected number of days of the business trip. The days of departure and arrival are considered business trip days, so daily allowances are also provided for these days.

Please keep in mind: if the vehicle leaves before 24:00 inclusive, the day of departure is considered the current day, and if later, the next day. But when a station or airport is located outside a populated area, the time required to travel to this facility is taken into account.

Money for a business trip is given to the employee upon reporting before the trip. However, expenses are recognized when they are actually incurred and paid. At the moment when the money is given to the employee for a business trip on account, the expenses have not yet been incurred and the employee is in debt. In addition, the company does not yet have documents confirming the expenses. And only after the employee submits an advance report, attaching supporting documents to it, and the manager approves it, the costs can be recognized for tax purposes.

The employee must report for the money issued on account no later than three working days after he returns from the trip (clause 6.3 of the Bank of Russia Directive of March 11, 2014 “On the procedure for conducting cash transactions by legal entities and the simplified procedure for conducting cash transactions by individual entrepreneurs and small businesses"). If the employee has an overexpenditure compared to the amount of the previously issued advance, then the travel expenses will be recognized as expenses after the employee is reimbursed for the amount of the overexpenditure.

Conflicts in medical institutions

In healthcare institutions, disagreements, as a rule, occur not between employees, but between them and the recipients of services

. Conflicts may involve, on the one hand, health workers and medical teams in general, and on the other, patients and their support groups. The level of conflict in the relationship between the health worker and the patient depends on many things: the qualifications of the medical personnel, the material and technical base of the medical institution, the quality of the services provided and their cost (if they are provided on a paid basis), the patient’s assessment of the objective (organizational, technical and financial side) and subjective components medical care (for example, level of diagnosis and treatment).

Conflict behavior is often characteristic of patients of pre-retirement or retirement age, as well as citizens with low incomes, which limits their ability to receive paid (or partially paid) types of medical care and treatment with the most modern medicines.

The reasons for disagreement will differ for different types of medical practice. In particular, in a clinic, the main provoking factor is the reduction in the duration of a medical appointment, and in a dental clinic - the discrepancy between the price and quality of the service (if it is provided for a fee).

Most often, conflicts with patients are resolved within the walls of the institution - at the level of the doctor, head of the department, and management. However, the patient also defends his position in court.

When discussing disagreements, much depends on the behavior of the health worker. On the one hand, complete avoidance of conflicts is wrong and practically unrealistic. On the other hand, when faced with a conflict situation, an employee needs to remember its positive side (the opportunity to identify a problem and improve the work as a whole) and build a partnership model of relationship with the patient.

Conflicts over wages

A commercial company establishes its own remuneration system. It must be fixed in a collective agreement, the Regulations on remuneration or in an employment contract with a specific employee.

If the enterprise is financed from the state budget, the remuneration system is established by law. For example, Federal Law No. 22-FZ of February 4, 1999 “On remuneration of employees of federal government institutions.”

A conflict between an employee and an employer usually arises if:

• the employer delays payment of wages;
• the employee has not been paid or has had their allowances withdrawn;
• the wage system has changed;
• no indexing;
• wages are paid in kind;
• They do not make additional payments (for night, overtime, holidays).

Basic principles of working time organization

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Personal conflicts

Personal (psychological, characteristic) conflicts are distinguished by the fact that their true causes lie in the psychology of workers. They do not stop after the substantive conflict is resolved, but often only smolder and then flare up again. Such conflicts can be divided into:

• Conflict between two workers .
  Usually the cause of the conflict is the psychological incompatibility of two specific employees. It can have a variety of reasons, rooted in differences in character, social origin, worldview, personal life circumstances, and even gender and age, not to mention ethnicity. Finding out these reasons should not be the task of management, since this is an attack on personal integrity. Management must only make sure that the conflict is not of a substantive nature and resolve it by isolating workers from each other. Such conflicts are not very dangerous, since the team is usually opposed to them: it interferes with work. If the team takes the side of one of the participants, this may eventually lead to the next type of conflict.
• Conflict between the team and the employee (bullying) . Bullying is one of the extreme and most severe types of psychological conflict in the workplace. It ruins the life and performance of the target of bullying, morally humiliates its participants, forces them to be distracted from the work process and develops in them the habit of bullying, as a result of which anyone, even management itself, can become its next target. The bullying must stop immediately, and management will have to talk to those involved in the conflict to find the best solution to the problem.
• Conflict of an employee against the team and/or management (“terrorism”) . A rather rare type of conflict that carries great risks for its instigator. Dismissing a labor “terrorist” is not so difficult; it is much more important to understand why he appeared in the first place, whether there is the influence of a competitor, a crisis of leadership, awareness or management, or whether more complex problems are brewing. To do this, you will have to conduct thoughtful negotiations with the conflicting employee.
• Intrigue is interactions in a team based on unvoiced desires, weaknesses and dependencies, leading to obtaining the desired result, in other words, it is not direct manipulation of the individual. Intrigue is not a conflict, but it provokes conflict. A good and valuable, but naive employee, deprived of means of protection against intrigue, can fall victim to intrigue. The initiator of such a situation is often a professional manipulator who does not agree to harsh direct confrontations, so applying disciplinary measures to the schemer is usually sufficient.

Conflict is not always easier to prevent than to resolve, but it is always more useful. The fewer conflicts in the organization, the less interference there is in the work process, and vice versa, “war only gives rise to war.”