When to write an explanatory note. How to write an explanatory note (step-by-step instructions, examples)

In Art. 193 of the Labor Code of the Russian Federation states that if an employee violates his labor or official duties, he must be punished in the form of disciplinary action. But you cannot punish an employee without requiring him to provide written explanations about what happened.

At the same time, the employer can request an explanation from the employee about the incident only in writing. The requirement is drawn up in 2 copies. One remains with the employee, and the other is transferred to the HR department. This copy must bear the signature of the offending employee. This indicates that he received the request and is familiar with it. This is the only way the employer can prove that he demanded an explanation from the employee about what happened.

The employee has no right to refuse written explanations to the employer. He can explain the situation in writing within 2 working days. If the employee does not want to give explanations or does not provide them within the specified period, the employer draws up a report. The presence of this document does not in any way affect the application or non-application of punishment to the offender.

The waiver of explanation must also be given to the employer in writing. The worker writes it by hand. If an employee refuses to write an explanatory note, in the text of his refusal he indicates:

• the “header” of the document is the abbreviated corporate name of the employer;
• the position and initials of the employer’s representative authorized to accept such documents for consideration;
• number of the incoming document and the date of its registration in the journal;
• the name of the document is “refusal to give written explanations”;
• text of the document - here the employee describes the facts of the incident, and then indicates the reasons why he does not want to give written explanations to his employer;
• date of writing the refusal;
• position, signature and transcript.

Does the director have the right to demand a written explanatory statement?

Since the director is the person authorized by the employer to make decisions on the enterprise as a whole, only he can demand written explanations from the employee.

But the director must be appointed to the position by an appropriate order from the founders of the enterprise or the employer personally. His job description must include the authority to take disciplinary action against employees. And the employer or his authorized person does not have the right to impose a penalty on the employee without receiving written explanations.

Sometimes oral explanations are sufficient if they reveal a complete picture of what happened, which did not lead to serious incidents.

Is it possible not to write an explanatory note at work?

Only the employer or a person authorized by him has the right to demand that the employee give written explanations regarding this or that fact. No other boss, including the head of personnel or the head of a department, has the right to demand such a document from an employee.

Therefore, the employee has the right to refuse everyone except the employer. He will not face any sanctions for this! But he is obliged to write an explanatory note at work at the request of the employer, especially if an incident occurred at the workplace. The requirement to provide explanations must be presented to the employee in writing. If the employee refuses to write an explanatory note, then he must also submit the refusal in writing to the employer.

What should I do if my employer demands that I send him an explanation by email? Electronic explanatory notes are not official personnel documents, since they do not have the employee’s personal signature. Therefore, the requirement to provide explanations for e-mail can be ignored.

The explanatory note in electronic form will have its legal force if the employee has his own qualified electronic signature, with which he signs the document. But today, ordinary ordinary employees do not have such signatures, since the burden of producing them falls on the employer.
The employer can send a demand to the employee, but only by signing it with his electronic signature. Then the employee can provide an explanation or refusal to provide an explanation in ordinary writing. The law does not prohibit doing this!

What are the consequences of refusal?

Refusal to write an explanation should not entail any sanctions from the employer against the employee. But, as the practice of applying disciplinary punishments shows, if an employee issues a refusal, then he admits to what he did.

Upon receipt of a refusal, the employer must draw up a statement indicating the employee’s refusal to write an explanatory note. If the employer has decided to apply a disciplinary sanction to this employee, the basis for issuing the order will be an act of refusal.

Often an explanatory note is required in the following situations:

• various emergency situations affecting production;
• various disorders labor discipline;
• violation of production discipline;
• various disciplinary offenses;
• misconduct.

In particular, most explanatory notes are drawn up due to being late for work or absenteeism, or failure to fulfill official obligations. Here is a sample note about absence from work: Rules for execution Despite the fact that there is still no general unified form for drawing up an explanatory note, the rules of document flow put forward a number of requirements for it:

1. The document is drawn up on a sheet of A4 paper, both handwritten and printed.
2. When writing, a strictly business style of presenting information is used.

How to write an explanatory note correctly

• The established fact of absence from work all day or part of it, totaling more than 4 hours (it must be said that an explanatory note for absenteeism at work is mandatory for the employer to request if, based on the results of its consideration, a reprimand or dismissal is planned);
• Being late to the start of the day or from lunch break;
• Misconduct, error in performance or failure to perform duties;
• Actions or inaction in a difficult situation, deliberate disregard of labor protection requirements;
• Drinking alcohol at the workplace or appearing there already drunk;
• Any other act of an employee in which, in the opinion of his superiors, he should justify his behavior.

Since the law does not establish a regulated template for an explanatory note for work, a free form can be used in each individual situation.

Explanatory note: how to write, sample

Attention

An explanatory note is a document substantiating the reasons for a violation committed by a particular employee. It is usually written either voluntarily or at the request of the manager in cases where an employee of the enterprise has done something wrong (he was late or did not come to work at all, showed up drunk, did not fulfill the instructions given to him, etc.).

FILESDownload a blank form of an explanatory note.docDownload a sample of filling out an explanatory note.doc Why an explanatory note is needed As a rule, violations that require explanation from the employee are quite serious and can lead to disciplinary action, including dismissal. To avoid this and honestly understand the situation, a competent manager asks for written explanations.

Explanatory letter

Important: in order for the employer to receive a document that is valuable from a legal point of view, it is necessary that in the explanatory note the employee sets out in detail all the circumstances of his action (or inaction) and indicates:

• Does he consider his behavior illegal, i.e. violating performance labor responsibilities, with the presentation of arguments confirming one’s own position;
• does he admit his guilt?
• What was the cause of this offense?
• How does the employee assess the negative consequences that the employer experienced in connection with this offense?
• Does the employee consider his possible disciplinary action fair?

It should be remembered that an employee can refuse to write an explanatory note without consequences in the form of legal liability being applied to him for such a refusal.

Sample explanatory note

IMPORTANT: The Criminal Code of Russia warns that no one is obliged to testify against himself. Therefore, if the facts stated in the explanatory note confirm the guilt of the employee, he is not obliged to write it.

What are the reasons for an explanatory note at work? In whose name is an employee’s explanatory note at work written? Every employee can find out in whose name an explanatory note should be written.

Rules for writing an explanatory note

• The name of the act is “Explanatory Note”.
• Attached documents (if necessary) confirming the stated reasons.
• Employee’s signature, date of document preparation.
• Main content

• the essence of the circumstances of the violation
• consequences of the act committed
• reasons that led to the offense
• employee's assessment of his actions
• admission/non-admission of guilt

If there is no guilt If the employee is not guilty of the violation committed, the reasons must be indicated that make it possible to prove innocence. For example, an employee was unable to perform his duties properly due to impossibility of performance.

How to write an explanatory note for work?

Presence on parent meeting- the matter is voluntary and is not regulated by any legal acts. Explanatory note to the university Students are people who love to sleep a couple of extra hours, being late for classes because of this, or even not wanting to go to lectures at all.

But there are situations when the reasons for absence are valid. The main thing is to correctly convey this to the teachers and the dean.

Sample: The above samples and examples may be required in different life situations. The ability to draw up such a document correctly will not be superfluous.

As can be seen from the examples, there are serious differences between different types no notes. What the law prescribes According to current legislation, only the employer can demand an explanation from an employee. This is either the manager himself or a person authorized by order for a specific period.

How to write an explanatory note for a job - writing rules

As for relations in the labor collective, they are based, first of all, on the norms of the Labor Code. This type of document, such as an explanatory note for work, is found several times in the Labor Code of the Russian Federation:

• In Article 193, as a mandatory stage before applying or refusing a disciplinary sanction for misconduct (absenteeism, tardiness, damage to property, official misunderstanding);
• In Article 229.2, as one of the evidence, when conducting an investigation into cases of injury or other misfortune in the workplace;
• In Article 247, as a basis for establishing the degree of guilt in causing material or non-material damage to an enterprise.

In all cases, the code states that an explanatory note for work must be submitted in writing.
Of course, the cause of an error can be simple inattention or negligence. For example, due to absent-mindedness, an employee did not put a stamp on the primary financial document.

Then the explanatory note for work will most likely end with a phrase admitting guilt and a promise to be more careful in the future. The explanation for refusal to perform work must be supported by the employment contract or information about unfavorable conditions labor.

This will allow you to avoid punishment under Art. 192 TK. Note of non-compliance job responsibilities A situation in which an employee does not perform his job functions may also be ambiguous. There are two possible scenarios here. The boss caught the employee in the act of clearly ignoring the work assigned to him.

IMPORTANT: You cannot give false information or indicate incorrect facts, because the employer can check the data received in the explanatory note. The most common reasons for absence from work are stated in explanatory notes:

• illness or need to urgently visit a doctor
• accident, car breakdown
• weather
• the need to urgently eliminate the consequences of flooding in the apartment

Sample explanatory note regarding absence from work:

1. Full name of the manager in the top right corner (for example: “To the director of LLC “South Coast” Alexander Alekseevich Samuilov.”
2. The line below is your data: “from accountant Natalya Timofeevna Silina.”
3. Below in the center: “Explanatory”.
4. From the paragraph of the following line: “02/28/2018 I was absent from work due to the fact that my neighbor’s pipe burst above me and my apartment was flooded.

The most common types:

• Explanation of any provisions (reporting, etc.);
• Explanation of circumstances.

Form of an explanatory note An explanatory note is written by hand, the addressee will be the person who requested it. It can also be typed on a computer, according to the form that is accepted in a particular organization.

The method by which the note must be completed is not fixed in any way in the legislation, as is the preparation of a summary; accordingly, the use of both handwritten and typewritten options is allowed. How to write an explanatory note You need to understand that this is not a report or a statement, so it just needs to reflect a fact that has already happened.

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The current law does not establish a clear definition of the concept “ explanatory letter».

In what cases is an explanatory note written at work?

Despite this, during labor relations, developing at state and commercial enterprises, the specified document is very often drawn up.

In most cases, the writing of this note is initiated by the head of the organization, security service, or law enforcement agencies. Such actions are due labor legislation m, which obliges employers to require in a number of situations a written explanation from employees about the actions they have committed (TC: article number 199, article number 408).

We also note that in accordance with the recommendations for the documentation required for individual entrepreneurs when regulating labor relations with the company’s employees, approved in December 2011 (under No. 135), the explanatory note serves as the basis for publishing an order on personnel composition.

Generally speaking, an explanatory note means non-normative documentation that explains the conditions, reasons for an action, an incident, an inaction, or the occurrence of a certain fact. It is drawn up by an employee of the company and provided to the manager and senior officials.

According to the constitution, namely its article number 27, drawing up this paper is the right, and not the obligation, of any employee. In turn, the employer is obliged to request this document in writing:

- before the introduction of a disciplinary sanction (according to Article 199 of the Labor Code of the Republic of Belarus);

- before the issuance of an order regarding the collection of a certain amount from the employee’s salary (according to article of the Labor Code numbered 408).

In other cases, the manager has the right, but is not at all obliged, to demand that employees provide an explanation (to clarify the position of an employee of the organization in specific situation, assessing the reasons for actions taken, making some decisions).

What are the types of explanatory notes?

The document in question may be:

Exculpatory (when it contains reasons for wrong action or inaction);

Explanatory (when an employee of an enterprise explains the actions of other persons, indicates the circumstances, as well as the conditions for the occurrence of specific events that happened for reasons beyond his control).

Typically, it addresses issues related to the following aspects:

Appearing at the workplace in a state of intoxication (it does not matter whether it is narcotic, toxic or alcoholic);

Absenteeism or absence at all from the workplace at the appointed time;

Being late;

Theft of someone else's property committed at the workplace;

Violations of labor protection standards and requirements;

Immoral acts;

Providing incorrect information to various authorities;

Disciplines;

Poor quality, incomplete performance of duties.

Rules for drawing up an explanatory note

The explanatory note is drawn up on A4 sheets individually and in one copy.

Some enterprises use a unified form of the submitted document, which was approved on May 14, 2007 under number 25 (in such a situation, an order or instruction is first issued regarding the approval and application of the selected form).

In any case, the explanatory note should include several parts:

Factual (here it is necessary to indicate the facts that served as the reason for creating the document in question);

Causal (here are reasons that can explain the current situation).

Each of them must objectively reflect the facts and give them a clear explanation.

Unlike a memorandum, the document under consideration may not have a logical part where the conclusions drawn and existing proposals are stated.

In addition to everything listed above, in the explanatory note in mandatory the following is indicated:

Name of the company where the employee works;

Place of preparation of the paper;

Information about the recipient (full name, position);

The name of the document is “explanatory note”;

Date the document was written;

Registered number;

A signature is added.

In situations where an employee refuses to write an explanatory note, a special act is drawn up in which witnesses are indicated (as a rule, their number is 2 people).
A specific example of an explanatory note will be given below.

Sample explanatory note about being late for work

Sample explanatory note about absence

You need to know this!

Registration of an explanatory note is carried out in the manner established by the head of the enterprise for registration of internal documentation.

After all the materials of the case have been reviewed, the employer or another authorized person establishes/does not establish resolutions for the performer on the document (indicating specific actions).

As for the storage period for submitted documents, for the Ministry of Industry and the companies subordinate to it it is 3 years.

Sample explanatory note about an error at work

The employee does not write an explanation and does not admit his guilt

Even if the employee does not admit guilt in his statement of explanation, this will not be a basis for not applying disciplinary action, as in the case of refusal to give a written explanation. However, you should pay attention to the fact that, according to Article 192 of the Labor Code of the Russian Federation, for committing disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: In accordance with Article 192 of the Labor Code of the Russian Federation, the employer has the right (and not the obligation) to apply a disciplinary sanction, so if the employer decides apply one of the disciplinary measures, then the responsibility to prove the employee’s guilt lies with him.

At work they forced me to write an explanatory note

Hello Tatiana.

I do not advise you to refuse, it is better, on the contrary, to write the most detailed explanatory note, indicate the violations committed by the employer, make it in 2 copies on your own and get a signature. indicate that the working day ended at this time and you finished it at this time, as far as I understand, you left after the end of the working day and write that you did not commit a violation of the rules internal regulations, and if there are none, write that there are no written rules and you are not familiar with them.

that is, you sat down, and for what reason - do others know? Ooh
what's on your mind?
I would ask you, if you were the boss, for an extended explanatory note, so to speak, to cover the full scale of the disaster with the selection of an employee

Well, there are such jobs. My husband worked like that. For a 12-hour shift, you can sit only during the lunch break (40 minutes), and so you had to constantly walk around the huge warehouse and put things in order (the clothing warehouse, managers were constantly throwing unnecessary things on the floor).

and don’t care that you can’t be on both ends at the same time.

Only there they did something clever, they didn’t fine them, but they reduced the bonus, leaving a bare penny salary.
It’s better not to go to such work at all - it’s slave labor.

write in the explanatory note that you were imprisoned because the employer maliciously violates labor safety standards and the labor code.

and that you will no longer sit in prison, but will go to the labor inspectorate if you are fined.
Attention, girls: all fines are ILLEGAL! There is no such disciplinary action as a fine in the Labor Code.

missing from the word “absolutely”.

But what should an employer do if the applicant’s honor is tarnished by an unsightly article, and at the interview the future employee shows quite adequate results and has significant achievements?

The legislator has provided for and given the employer many grounds for terminating an employment contract with an employee in order to protect their rights and the normal existence of the organization. Get legal advice in 15 minutes They force you to write an explanatory note Good day! I work in a cinema and my working day is about 15 hours a day.

How to write explanatory notes correctly

And another thing is that it is better to write an explanatory note in order to clarify the situation as much as possible and document the existing valid reasons for the violation. In case of further disagreements with your superiors, the explanatory note is an officially accepted document, which can work in your favor. The absence of it gives your superiors the right to interpret your actions at their own discretion.

There are unspoken rules about how to write explanatory notes that must be followed in order to avoid even greater troubles.

Rules for writing explanatory notes at work

A demand for an explanation of what happened can be sent to the culprit in writing or orally. You must respond within two business days of receipt.

If the opponent refuses to explain, then he only reports this in writing.

Practice shows that it is safer to spend time writing a note than to receive a penalty and lose your bonus. You should not indulge in lengthy narratives and overload your opponent with unnecessary information.

Law Club Conference

True, controversial.

Moreover, the explanation under the Labor Code of the Russian Federation is written in writing, and not in the form of an email.

But the requirement to write it can be in any form. I guess, yes. But you have the right to choose whether to write or not to write an explanatory note, and what exactly to write.

It’s just that it is an obligation for the employer, an element of the proper procedure for imposing a penalty, to demand an explanation.

An explanatory note can accompany the main document, then its content will provide explanations individual provisions this document. Hello. Moreover, this will be an opportunity for you to clarify the situation by writing that you did not raise your voice. It is difficult to assume anything about your future activities. In any case, an explanatory note must be written.

Initially, the text should list the facts that are directly related to the situation under consideration.

Article 193.

How to write an explanatory note (sample) correctly?

Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

(part one in ed. Federal Law dated June 30, 2006 N 90-FZ)

(see text in previous

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

(see text in previous

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission.

The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in previous

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in previous

Art. 193 Labor Code of the Russian Federation. Procedure for applying disciplinary sanctions

The employer must request a written explanation if an order is issued to impose a disciplinary sanction. So, in accordance with Article 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, the employer must request a written explanation from the employee.

Examples of writing an explanatory note at work

If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Initially, the employer must document the offense (action or inaction) that is a violation of labor duties or discipline and for which it is planned to impose a penalty. In practice (depending on what kind of violation the employee committed), this fact is usually documented in the following documents:

— a memo (for example, when an employee fails to complete a task or when using the employer’s resources (Internet, copy machine etc.) for personal purposes);

— an act (for example, in case of absence from work or refusal to undergo a medical examination);

— decision of the commission (based on the results of an investigation into the fact of damage to the employer or the fact of disclosure of confidential information).

An employer may apply disciplinary sanctions if an employee fails to perform or improperly performs his duties (Article 192 of the Labor Code of the Russian Federation). Responsibilities must be stated in employment contract, job description or in local regulations the employer, and the employee must be familiarized with them under his signature (Article 21, Part 3, Article 68 of the Labor Code of the Russian Federation).

Thus, before requesting a written explanation, the employer must document the disciplinary offense you committed.

How to write an explanatory note

What is explanatory? This is documentary evidence of your guilt. If an employee has committed an offense, he is required to write a written explanation of the reasons and motives that guided him in committing illegal actions. If such a request is received from management, prepare for disciplinary action - Article 193 of the Labor Code, a remark or reprimand, which will be entered in your personal file or your work record book.

It is enough to receive two such disciplinary sanctions and you will find yourself without a job. From a legal point of view - Article 81 of the Labor Code, the employer has the right to such drastic measures. However, he often interprets the law to suit himself and uses it as a “tool” for eliminating unwanted employees.

Explanatory notice is an employee’s right, not an obligation.

Before writing an explanatory note, think carefully about the consequences. Few people understand that their future fate will depend 90% on its content. Writing a written explanation is a worker’s right, but not his obligation. No one can force you to write it, much less fine you for not writing it. In this case, the maximum that the employer can do is to draw up an act on the employee’s refusal to provide an explanatory note, which, by the way, also does not have to be signed. You should always be guided by one single principle - “It is better not to write anything than to suffer later from what is written.”

An explanatory note is written only if you are presented with an act or other document about any violation by you (order, instruction, demand) or you have received an official written request from management describing the reason for such requirements and signed by management. You also have the right to request an official certified copy of this document, and the employer is obliged to provide it. No persuasion, threats or other verbal pressure is a reason for you to write a written explanation. Either you give a response to a written request received from management, or you don’t give it at all.

Don’t rush to write an explanatory note, even if your boss insists

In accordance with Article 193 of the Labor Code, two working days are given to write an explanatory note, taking into account your work schedule. That is, if you received a corresponding notification on the eve of your weekend, for example on Friday, you have the right to respond to it no later than the end of the second working day of the next shift, that is, on Tuesday. This time is more than enough to get advice from an experienced lawyer.

The explanatory note must be provided to the employer in writing. Its name (“letter”, “memo”, etc.) does not matter.

How to write an explanatory note - samples and examples + step-by-step instructions

The main thing is to correctly indicate the addressee and state the essence of the letter in a businesslike tone. At least you will protect yourself in the future from accusations of rudeness.

It is necessary to provide two copies of the explanatory note - one is given to the boss, the second remains in your hands with the boss’s signature confirming its receipt and review, ask him to put the date and time in the place with the signature. The principles of conducting business correspondence with your boss are described on another page. Perhaps your boss will refuse to certify a copy of the explanatory note; you will have to foresee this option in advance, and therefore try at this moment to enlist a witness, your friend, or take a voice recorder.

You never need to make excuses or admit guilt! The Employer will do this for you. If you are really involved in some dubious matter, the fact of your involvement will certainly come out over time. In the meantime, it’s worth writing a formal and dry answer according to the principle:

“Yes, I was at my workplace. He performed the work in strict accordance with his official duties,” “There is basically nothing to report on the substance of the issue.”

Ideally, if a professional lawyer writes a written response based on your words, the employer will decide on his own or involve the court a little later.

Remember that if you are given a disciplinary sanction, you have the right to appeal it in Court, from that moment you have exactly three months! Article 392 of the Labor Code. Not a day later, otherwise you will be denied due to missing the statute of limitations. If you were illegally fired, then your right to appeal expires one month from the moment you sign the dismissal order or from the date the work record book is delivered to you.

Providing written explanations becomes mandatory only in a number of cases. Most common- when assessing the validity of reasons employee disciplinary offense(violation of labor and official duties by the employee). This is required by the procedure for imposing a disciplinary sanction under Art. 193 of the Labor Code (hereinafter referred to as the Labor Code of the Russian Federation), which can result not only in a reprimand or reprimand, but also in dismissal. It all depends on the circumstances, which need to be sorted out. In this case, the explanatory note documents and conveys to management the employee’s position, his vision of the situation, and his arguments.

Document fragment

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Labor Code RF. Article 193 “Procedure for applying disciplinary sanctions”

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission. The specified time limits do not include the time of criminal proceedings.

For each disciplinary offense, only one disciplinary sanction can be applied.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication, not counting the time the employee is absent from work. If the employee refuses to familiarize himself with the specified order (instruction) against signature, then a corresponding act is drawn up.

A disciplinary sanction can be appealed by an employee to the state labor inspectorate and (or) bodies for the consideration of individual labor disputes.

But explanatory notes can also be drawn up for other reasons, although the aspect of “the need to justify oneself” remains (after all, in other cases, official and memos are used). For example, during the investigation of the circumstances of damage to the employer’s property and determining its amount under Art. 247 Labor Code of the Russian Federation.

See also a sample requirement to provide written explanations in the article “False documents for employment”

Request for written explanations

So, “before imposing disciplinary action, the employer must request a written explanation from the employee.” As you can see, the law does not specify whether the demand for explanations must be oral or written. In particularly difficult cases, when both the employee and the employer are very serious and intend to go, as they say, to the bitter end, the employer must request an explanation from the employee in writing, in order to then be able to confirm compliance with the procedure prescribed for imposing disciplinary sanctions in Article 193 of the Labor Code of the Russian Federation (Example 1). The approved form of this personnel document has never existed, therefore each organization designs it in its own way. Even the type of document used for this is different (notification, demand, letter, etc.), although it is more correct to call it “ requirement", because in Part 1 of Art. 193 of the Labor Code of the Russian Federation states that. The notification has a different meaning - information is provided and there is no requirement to do anything. A letter is an outgoing document that is sent to a third-party organization or to an individual, and the employee is not such a “stranger” person.

It should be remembered that “disciplinary sanction is applied no later than one month from the date of discovery of the offense” (Part 3 of Article 193 of the Labor Code of the Russian Federation). The fact of its discovery is confirmed by an act, not a requirement. Therefore, this month should be counted from the date of discovery (which ideally should coincide with the date of drawing up the act), and not from the date of request for written explanations.

Another period is counted from the date of the request - 2 days to give a written explanation(See Example 3). Therefore, it is important not only to formalize the demand, but also to prove that it was handed to the employee or that he refused to receive it. To do this, you can immediately make the corresponding blanks at the bottom of the sheet (marked with numbers 1 and 2 in Example 1): if the first one (signature on receipt of the request) is not drawn up, then the second one is drawn up (witnesses confirm the fact of the employee’s refusal to receive this document, this mark eliminates the need to draw up a separate act on this matter).

Example 1

A written request for an explanation from the employee

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Example 2

The text of the request for an explanation from the employee about the reasons for absence from work and signature

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Example 3

Calculation of the period for giving a written explanation of the reasons for the disciplinary offense

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Let’s say a worker negligently damaged the employer’s property on Monday, September 1, 2014, there were witnesses to this, and a report was drawn up on the same day. On September 2, 2014, the worker was required to give written explanations. We begin counting the deadline from next day:

• 09/03/2014 - 1st day,
• 09/04/2014 - 2nd day (when the submission of the explanatory note will still be considered timely),
• On September 05, 2014, it is already possible to activate the fact of failure to provide explanations.

If the requirement to provide written explanations was presented to the employee on Friday 09/05/2014, and Saturday and Sunday are his days off (i.e. they are not included in the calculation of the 2-day period), then the deadline for timely submission of the explanatory note would expire only on Tuesday 09/09 .2014.

To prevent a conscientious employee from getting confused in calculating this period, it is better to immediately indicate in the request a specific date by which the explanatory note must be provided. Here you can add the specific department / official to whom it should be given (see the second paragraph of the text of the requirement from Example 1). The addressee of the explanatory note (in whose name it is drawn up, for example, the general director) and the person to whom it should be transferred (for example, the secretary or the head of the personnel department) will most likely be different people.

If the employee really had good reasons for behavior that the employer did not like, and in general they are adequate people, then you should not be afraid of the explanatory note - it will come to the defense of the “accused”. Then there is no need to wait for a written request from the employer. At his verbal request, it is better to immediately draw up an explanatory note, attaching to it as much evidence as possible that he is right. Not only official documents will do, even a printout from a news site about interruptions in the work of the metro line that a latecomer uses to get to work. If there is a conflict between employees, then a well-written explanatory letter can even “pull” management to the side of its author.

In whose name is the explanatory note written?

To accurately answer this question, you need to look into the Internal Labor Regulations, which must apply in every organization. Most likely, it says that the employee submits to his to the immediate superior and the general director. Then the employee will write an explanatory note in the name of either his boss or general director.

Local regulations may establish a different hierarchy: for example, members working group report to the head of this group, despite the fact that they represent different divisions in it. The group leader can only ask for written explanations if the misconduct is related to the work of the group.

Thus, the security service, corporate culture manager, or head of the personnel department do not have the right to demand explanations from employees of other departments who do not report to them, unless this is expressly stated in the organization’s local regulations. True, the corresponding powers to these and other officials can still be delegated by order of the general director (for example, to the chairman of the commission to investigate a specific incident). See the captions in Examples 1 and 2, marked with an exclamation mark.

By hand or on a computer?

The law does not require explanatory notes to be written by hand; they can be typed on a computer. But experienced personnel officers require explanations from employees, written only in their own handwriting. In the event of a labor dispute, this will help the employer protect himself from misconduct on the part of the employee, who may claim that he was “forced” to sign a text that had already been drawn up by someone else.

Minimum required composition handwritten elements, drawn by the employee’s hand on the explanatory note, are as follows:

• job title,
• personal touch and
• AND ABOUT. Surname.

You cannot limit yourself to just a handwritten personal stroke, because... graphological examination is not able to unambiguously identify some signatures as belonging to a specific person. And based on whole words (position and surname), this can definitely be done.

Details of the explanatory note

The form of the explanatory note is relatively free. No one requires an employee to have a thorough knowledge of document preparation standards; compliance with the required minimum is enough.

At the top right of the sheet, information is written in a column about to whom and by whom the explanatory note is addressed. The employee must indicate his structural unit, position, as well as his full last name, first name and patronymic. Name of document type- explanatory note - written in the center, after several lines (usually with a capital letter or only in capital letters, as shown in Example 4). Example 5 demonstrates an outdated version, where the name of the document type is written entirely in small letters and followed by a dot, i.e. the entire “header” seemed to be able to be read in a single sentence; Such design options were previously found in applications.

Example 4

"Head" of the explanatory note

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Example 5

An outdated version of the “header” of the explanatory note

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Please note: in Example 5, the line with the type of document written (with a small letter and a dot) is obsolete, and everything above is quite correct. The position of the author of the explanatory note may be indented from the addressee (general director, as in Example 4), or may appear immediately on the next line (as in Example 5). The preposition "from" may or may not be present before the author's position.

The name of the document type is followed by text, which is compiled in free form. The only requirements for it:

• correctness of wording and use, if possible, of an official business style of presentation,
• only exact dates, if necessary - time,
• facts and reasons for the current situation.

Circumstances vary, and it is incorrect to demand brevity from an employee in an explanatory statement. The note can take up several sheets of paper, contain direct speech and read like good detective, or may consist of one line. The employer does not have the right to limit an employee in such “creativity”.

No one expects the employee to make conclusions and suggestions in the explanatory note, although it will not be possible to prohibit him from including them.

The content of the explanatory note is determined only by the employee who needs to write it. The boss does not have the right to dictate the text, say phrases like “this is not the reason,” demand a rewrite, or otherwise influence the content of the document. Some organizations go even further and draw up standard texts of explanatory notes. The employee has the right to decide whether to use them or write an explanatory note on his own. It is in his interests to describe what happened as he considers correct. The employer, in turn, is obliged to familiarize himself with any explanations of the employee, whether he likes them or not.

Drawing up the text of an explanatory note very often causes difficulties. Let us repeat the main rule: events must be presented as they happened.

If the employee’s guilt is obvious (he was late, was rude to the client, forgot to do something), then there is no point in denying it and inventing any excuses. You'll have to write it like it is:

Example 6

Text of the explanatory note

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Example 7

Text of the explanatory note

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There can be many reasons for being late or absent from work, and not all of them are valid. If an employee does not want to voice the true reason for being late, that is his right. Here the universal formulations “due to family” or “personal circumstances” will help out (see Example 8). Another way out is to admit your guilt without describing the reasons (Example 9). However, such clichés, of course, will not evoke any understanding or sympathy from management.

Example 8

Text of the explanatory note

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Example 9

Text of the explanatory note

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An employee may assume that he will be “forgiven” because the reason for the offense is valid, and he has been working for a long time, this has never happened before, or for some other reasons. Then he better write about this in his explanations:

Example 10

Fragment of the text of the explanatory note

Explanatory letter is a regulatory internal act, the writing of which is permitted in free form.

However, there is a certain structure and recommendations for filling out this document. First of all, this is the use of a business and official style in the text.

In what cases is an explanatory note written?

At their core, explanatory notes are documents explaining the reasons for certain facts, and are written in cases of a disciplinary offense, mostly in labor relations; they belong to the second group of explanatory notes under OKUD.

IN all-Russian classifier management documentation is designated a unified form of “explanatory note on violation of labor discipline”, has code 0286091 and belongs to class 0286000 “Documentation for registration of disciplinary sanctions”.

Explanatory notes are drawn up on a white sheet of A4 format, both in written format by hand and in printed form. Moreover, some companies have special forms for explanatory notes.

In some cases, explanatory notes include attachments. As a rule, medical certificates, documents from the place of study, etc. are used as evidence that can confirm good reason misdemeanor

Such notes can be either exculpatory, where the cause-and-effect relationships of an incorrect action or inaction are described, as well as explanatory, where clear details of the incident are stated, while the employee himself is not guilty in this case.

The explanatory note covers aspects such as:

• Late
• Absenteeism
• Theft
• Violations regulatory rules companies
• Showing up at work while intoxicated
• Amoral behavior

Requirements for filling

According to Russian legislation, an explanatory note is written addressed to the manager and handed over to the immediate supervisor structural unit, where the compiler works.

If the employer has decided to apply a disciplinary sanction, an order or directive is drawn up. Within three working days from the date of publication, this order must be announced to the employee against signature. If the employee refuses to familiarize himself with it, a corresponding report is drawn up.

The explanatory note has the following structure:

• The header of the document, which indicates the name of the organization, the official to whom this document was sent.
• The name of the document in this case is “Explanatory Note”
• Date of application and registration number
• Subject of the statement (reason, etc. regarding, about, etc.)
• Main text
• Name, surname, patronymic and position of the compiler and his signature

In business style it is important to use sustainable business turnover, which in some cases are enshrined in law.

In this case, it is necessary that the document being filled out meets several requirements at once:

• reliability;
• objectivity;
• consistency;
• argumentation;
• brevity;
• clarity;
• unambiguity;

An important point in intra-company business correspondence is the fact that all documents must be registered.

In this case, registration of such documents is carried out according to the order of the head. After the manager has studied all the circumstances of the violation and made a decision on further actions, a signature is placed.

Procedure and rules for filling out

The explanatory note has a fairly simple structure, which must contain the following data:

• Name of structural unit
• To the head of the unit organization Resolution
• FULL NAME. EXPLANATORY NOTE on violation of labor discipline
• FULL NAME. employee, job title
• Division name
• Start date of employment relationship
• Type of violation
• Description of the reasons and circumstances of the violation
• Date of violation
• Employee position
• Signature/Decryption of signature

Thus, there is no normative form of an explanatory note as such; each company independently prescribes the necessary requirements.

However, the explanatory note must include two main parts:

• actual– here it is important to indicate the facts that served as the reason for writing this document
• causal– here it is necessary to register cause-and-effect relationships.

The practice of using explanatory notes is also used in the educational process for violations committed by students in educational institutions.

Sample explanatory note

To the director of Romashka LLC, P.P. Krasina from the administrator trading floor Kornevoy N.V.

Explanatory letter
Regarding the broken display case of the sales area on July 7, 2015, I, Natalya Vladimirovna Korneva, on July 7, 2015, when placing the goods in the central display case of the sales area, did not calculate own strength and hit the glass of the display case door. I don’t find it my fault for what happened.

I believe the reason for this is the incorrect organization of the work of the sales floor employees, since when placing large-sized goods, according to internal regulations, a male administrator must be in charge, while all men work on a different shift. Please pay attention to the organizational structure of the company.

Therefore, it is important to remember the following:

• Business style is required.
• When writing an explanatory note, you must adhere to a certain structure and indicate the necessary data.
• After writing a document, you need to register it.

Noskova Elena

I have been in the accounting profession for 15 years. She worked as a chief accountant in a group of companies. I have experience in passing inspections and obtaining loans. Familiar with the fields of production, trade, services, construction.

An explanatory note is a document. It has no movement outside the organization's work and is only available for internal circulation. It indicates why the culprit committed a particular act.

Which was a consequence of another negative phenomenon. An explanatory document can be either an independent document or an addition to the main one. In the latter case, it contains explanations of the main thing.

Dear reader! Our articles talk about standard methods solutions to legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call by phone.

The purpose of writing the note: clarification of the current situation by the main person. He may or may not be guilty. It is compiled for internal proceedings. Identify the reasons and come to finding the culprit or, conversely, his acquittal.

According to the Labor Code of the Russian Federation, the director of the organization must request an explanatory note from the accused. The employee, in turn, can refuse, then the employer has the right to impose disciplinary sanctions without trial.

It should be noted that only the employer has the right to request the writing of an explanatory note. If such an appeal follows, it is better to fulfill it. Requests from the head of the department or your supervisor can be ignored.

The explanatory note must inform the employer about the incident. The vision of the situation must be presented from the perspective of the component. Sometimes it is written to explain a project or report. In this case, it is written in any form and attached to the main document.

How to write an explanatory note for work correctly

Form of explanatory note:

1. In the upper right corner it is indicated in whose name the explanatory note is drawn up (the employer).
2. Under the indication of whom, it is written from whom it is compiled, indicating the position.
3. In the center we write the name: “Explanatory”.
4. In the text itself we indicate the cause of what happened and the consequence of the action.
5. We put our signature and date in the lower right corner.

The basic rules for drawing up an explanatory note include:

1. Write only the truth. If false information is revealed, the consequences will negatively affect your work.
2. Don't shift the blame to your colleagues. If several people are involved, the employer has the right to request explanations from them and they will outline their vision of the situation. The result will be the identification of disagreements. Thus, you will additionally gain enemies - colleagues.
3. You should not write: “they didn’t tell me”, “they didn’t teach me”, etc. When applying for a job, you sign a job description that contains a list of necessary knowledge and skills for the position.

When writing an explanatory note, rely on documents ( job descriptions etc.). You can indicate that you misunderstood the wording, etc. If possible, it is better to name the document not “Explanatory Note”, but “Explanatory Note”.

If you make a serious mistake, you can rely on a large amount of work or poor health. In conclusion, you can indicate that you acknowledge this mistake, undertake to eliminate it and not make it in the future.

Type of presentation of the explanatory note:

1. Presentation is possible only in a business style.
2. Brevity, without additional explanations not related to the event.
3. Explanation from the 1st person.
4. Date and signature required.

In the event of a serious disciplinary offense and the possibility of a future court hearing, it is better to contact a lawyer to write an explanatory note.

Refusal to write a note is allowed, but subsequently it will be considered a plus not in your favor. It is better to state your point of view in the situation. If it's not your fault, pay attention to this Special attention when providing explanations. You can add a magic phrase in such cases: “In the current situation, I had to act according to the circumstances.”

When writing, give preference to typing on a computer rather than writing by hand. If the matter is serious and your application is reviewed by specialists based on the shape and appearance of the letter, they will be able to draw certain conclusions.

Example of an explanatory note

An explanatory note can be drawn up according to various reasons. For example, being late for work, making a mistake in documents, gross violation disciplines, etc.

Consider an explanatory note about being late for work. It should be noted that if the employee is absent from work for more than four hours, the employer has the right to dismiss the employee.

To the manager

PJSC "Gorodbank"

in Yaroslavl

O. G. Petrov

From the department controller-cashier

Corporate sales

Strakhovoy D. Yu.

Explanatory letter

04/12/15, I am Diana Yuryevna Strakhova, I was late for workplace for 30 minutes for the following reason. Bus No. 35 broke down at the bus station and did not arrive on schedule at the Moskovskaya stop at 7:35. This resulted in a wait for the next bus, which arrived 30 minutes later.

In the future, I undertake not to be late for work. Leave the house early. In the event of an unforeseen event, inform your immediate supervisor Yu.K. Popova about the reason for the delay. I undertake to work the 30 minutes for which I was late.

Strakhova D.Yu. (signature)

After writing an explanatory note, it is provided to the manager or his interim manager. On the document he puts his decision - a resolution.

If a penalty is determined, an order or other document is drawn up. A note is already attached to them.

Explanatory note about being late

To the director

COMPANY " Construction company"Omega"

Pavlichenko G. R.

From secretary Zventsova O.K.

Explanatory letter

I, Oksana Konstantinovna Zventsova, was 3 hours late for work on June 25, 2014. In the morning, going down the stairs from the apartment multi-storey building, witnessed a fight. The police arrived in forced uniform and asked to witness the incident. I drove with them to police station No. 3, on Romashkina Street, no. 1. Drawing up the protocol took 2.5 hours. After that I went to work. Deputy Director Oleg Viktorovich Ivanov was warned about his lateness. Please consider a valid reason for being late.

Zventsova O.K. (signature)

Sample explanatory note about absenteeism

To the Head of MTS OJSC

Orlov S.S.

from sales consultant Igrova O.V.

Explanatory letter

I, Oleg Vladimirovich Igrov, celebrated my 20th birthday with friends on May 19, 2015. Due to large quantity alcoholic products, the celebration continued until the early morning. Closing my eyes for a couple of minutes, I woke up only at lunchtime on May 20th. It was already too late to go to work. Please take into account the extenuating circumstances of the holiday.

Igrov O.V. (signature)