The Federal Labor and Employment Service (known in Russian as ‘Rostrud’) reminded companies that all procedures established by employment legislation must be complied with when an employee is dismissed for being rude in the workplace.
For an employee’s ill-mannered behaviour to become a disciplinary offence, the requirement for a respectful attitude towards his/her colleagues and management needs to be enshrined in a document. This can be done in the employment agreement with the employee, in his/her job description or in an internal regulation which he/she has read against his/her signature.
If such a requirement exists, a disciplinary sanction can be imposed on the employee for breaching it. This can be done as follows:
Then, if the employee repeats the violation, a disciplinary sanction in the form of dismissal for a repeated failure to fulfil job duties can be applied to the employee. To this end, the following conditions must be met:
If at least one of the above conditions is not met, the company cannot dismiss the employee for being rude to his/her superior. If all required procedures have been complied with, court decisions confirm that the employee is dismissed on lawful grounds in such a situation.
Please contact Acsour’s specialists with regard to how internal regulations must be formalized which will mitigate the risks for the employer.