The lawyer called the signs of illegal pressure from the employer

Forcing employees to resign "of their own accord" through threats and pressure is a violation of labor laws and may result in administrative and criminal liability for the employer. This was announced on December 14 by Max Lowman, a business lawyer and expert on legal business strategy. "Газете.Ru ".

"The pressure manifests itself in different ways: direct threats, deprivation of bonuses, fictitious penalties, impossible plans, isolation, transfer to unsuitable work. By themselves, these measures are not always illegal — it is important where the border runs. The employer has the right to demand fulfillment of duties and apply penalties for real violations, but when the same tools are used to "knock out" a statement, this is abuse," Lowman said.

The lawyer explained that illegal pressure includes threats of dismissal "under the article", the deprivation of bonuses, the imposition of deliberately impossible targets, as well as demands to work after hours without compensation, which violates the right to rest. Formally, there is no concept of "dismissal under duress" in the Labor Code of the Russian Federation, but such actions can be recognized as coercion.

5.27 of the Administrative Code of the Russian Federation — a warning or fine for organizations in the amount of 30 to 50 thousand rubles, and in case of repeated violations — more stringent measures. In case of dismissal due to pregnancy, having a child under three years old, or pre-retirement age, criminal liability is possible under Articles 145 and 144.1 of the Criminal Code of the Russian Federation with a fine of up to 200 thousand rubles.

"Courts accept audio recordings of conversations, even if the employee did not warn about the recording, provided that it is clear who is speaking and when. It is important that the recording be complete, without editing, and that the time and circumstances of its creation be indicated in the case file. Correspondence, orders, and testimony from colleagues are also working," he said.

The expert recommended recording all cases of pressure, saving correspondence and documents, and, if necessary, contacting the labor inspectorate, the prosecutor's office or the court. According to him, with proven coercion, the courts reinstate employees at work and collect from the employer the average earnings for the time of forced absenteeism and compensation for moral damage, which in practice usually amounts to 5-30 thousand rubles.

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And they are ready to offer drivers and couriers four times more, analysts say.

Earlier, on December 13, it was reported that if wages are delayed for more than 15 days, an employee has the right to suspend work until the debt is fully repaid, with the exception of certain categories of employees. The State Duma clarified that any non-payment, including an advance and bonuses, is considered a delay, and citizens can contact Rostrud, the prosecutor's office or trade unions to protect their rights.

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