An explanatory note on the violations found after verification. Sample explanatory note. Sample explanatory note for school

This happened. Job. Error. "Write an explanatory one!" - pursed lips, trained commanding gaze point-blank. Such a requirement is fraught with bad and legal consequences. They can be minimized if you know what the document threatens, how and what to write about, what to do. It is good to have in front of your eyes a sample explanatory memorandum about a mistake in work. The article will tell about these things.

An explanatory note is drawn up by an employee when claims are made to him about non-performance or improper performance of duties. It sets out the reasons for this situation. On its basis, the management determines whether the employee is guilty or not, and to what extent. As a result, the proceedings decide the issue of punishment. There are three options:

• termination of claims;
• forgiveness of an employee or a verbal warning;
• disciplinary action.

Let's consider the last case.

The Labor Code of the Russian Federation (Article 192) allows disciplinary sanctions in the form of:

• remarks,
• reprimand
• layoffs.

The employer is not entitled to use other penalties (including "fines"). At the same time, he can prescribe in the internal documents of the company the effect of these sanctions on bonuses.

Information about comments and reprimands is not entered into the work book.

The employer has the right to dismiss an employee (clause 5 of article 81 of the Labor Code of the Russian Federation) in case of failure to fulfill his labor duties without good reason, with an already existing disciplinary penalty for the same reason. The latter is valid for 1 year.

A disciplinary penalty can be applied no later than 1 month from the date of discovery of the offense and 6 months from the date of its commission. Based on the facts revealed during the audit, audit or financial check, this period is extended to 2 years.

An explanatory note is an integral part of a procedure that can have far-reaching and unpleasant consequences for an employee. They can be reduced if you prepare the document correctly.

To write or not to write

Is it possible to refuse the authorities and not write an explanatory letter? Yes, you can. The employee has this right. The administration's actions to enforce this are considered illegal.

On the other hand, the absence of a written explanation will not help the employee avoid disciplinary liability (Article 193 of the Labor Code of the Russian Federation). The employer will issue a waiver certificate. The signature of the defendant is not required. The procedure for imposing a penalty will go further.

The provided explanatory note will document the employee's valid reasons for the incident. She will not allow the administration to interpret his actions at its own discretion. The employee will better understand the vulnerabilities of his position.

The process has begun

The employer can request an explanatory note in writing or orally. At the same time, he is obliged to describe the fact of violation and demand an explanation. A written request is handed on paper with a note of receipt. It can take the form of a demand, order, order.

An oral request sparks debate among lawyers. One position: the employee in this case should not provide a written explanation. It is necessary to politely insist on the paper version of the request or give oral comments about the incident. The reason is the employer's unrecorded claims. It will also be difficult for the latter to prove the fact of the request in court - witnesses will be required.

Another position: to give an explanatory one in the case of an oral request. Argument - if necessary, the employer can easily draw up the claim in writing and submit it to the court.

Gentleness should not be overused. If the boss cannot clearly say for which violation an explanation is required, then it is necessary to insist on a written request. It is better to do this with the help of a written statement to the employer. It should detail the situation (dates, participants, undefined requirements).

The head of the organization or a person authorized by him can request an explanatory note. If such an initiative comes from the immediate superior, it is not recommended to demand from him confirmation of these rights. On the one hand, if the case comes to court, he will be interested in the legality of the penalty imposed, and not in the person who requested an explanation. The employer, if necessary, will confirm the authority. On the other hand, such a requirement will further exacerbate the employee's relationship with administrations.

A written explanation is provided within two working days in accordance with the Labor Code of the Russian Federation. The day of receipt of the request is not included in them.

Do not give in to pressure from your superiors and write an explanatory note "right now." It is necessary to remove the first nervous excitement and analyze the situation in a calm atmosphere. Read the job description again. Consult a lawyer. Then start writing.

The explanatory note should be written so that it will end up on the judge's table. The author's goal is to clearly characterize himself as a law-abiding citizen, ready to do the work stipulated by the employment contract.

The manager does not have the right to influence the document: dictate the text, demand to rewrite, indicate “this is not the reason”. The content of the explanatory text is determined by the employee.

The text of the note is laconic. Optional information can cause unnecessary questions from superiors. Jokes and colloquial expressions are inappropriate. The tone of the story is respectful. If the proceedings reach the court, the boor's reputation will not help to win the case. The story is presented in chronological order from the first person.

• confirm or deny the fact of violation;
• describe the circumstances of the event (date, time, place), its reasons;
• to characterize the guilt: deliberate, through negligence, its absence;
• bring witnesses;
• express an opinion on prosecution;
• describe the attitude towards future work.

Reasons for the error

Let's look at common options.

1. High workload is a consequence of the peak of work, incomplete staff. The good explanation is that it transfers responsibility to the employer. Suitable for a small unit. Does not work in a large team working under the same conditions (at least formally). The bosses jealously guard their infallibility in the distribution of the load. If the reputation of a lazy squabbler is undesirable, it is better to find other reasons.
2. Little experience - it works in the case of a young specialist.
3. Feeling unwell - can be an excuse. The employee should emphasize that he worked in such a state because of the concern for the enterprise, the continuation of its rhythmic activity.
4. Personal, family circumstances - this can help if the reason is serious. You should not abuse this tool.
5. Unclearly written, contradictory paragraph of the job description, which allowed for a misinterpretation. The argument is fine to use, but it's best to stock up on a certified copy of this document first.

Other contributors

If others were involved in the incident, it should be reported impartially what each of them did. Do not directly name the culprit. This is the right of leadership. But it must receive sufficient information to make such a conclusion. You shouldn't lie. In such a story, all participants write explanations, and the truth will be revealed.

Interchange

The employee should definitely describe his conscientious work path with the employer, mention the absence of disciplinary sanctions in the past, list the incentives received (bonuses, certificates, gifts). If the case goes to court, this information will be taken into account when making a decision.

If the employee admits guilt for the mistake made, remorse should be expressed. It is also necessary to reassure the management that such cases will not happen again in the future.

How to compose

There are no statutory standards for the formatting of a written explanation. It is enough to follow the minimum of the general rules for the preparation of documents.

The note is prepared on an A4 sheet. It can be handwritten or typed on a computer.

At the top of the sheet, on the right, in a column, it is indicated to whom and by whom the document was sent. Recipient - the person who requested an explanation. His position, surname, initials are given. The employee writes his division, position, full name and surname.

A few lines below, in the center, the name of the document is indicated - an explanatory note. The text of the explanation follows.

Then the hand-drawn position, personal signature, initials and surname of the employee are affixed. The date of the note is indicated. The employee has the right to attach documents confirming his information.

The explanatory note should be registered with the office, having received a copy or a 2nd copy of the note with the appropriate mark. This will protect against possible misconduct by the administration.

Example

Director of LLC "Prod-service"

N.N. Nikolaev

from the accountant

Ivanova Irina Ivanovna

Explanatory letter

On February 12, 2016, I indicated the wrong prices on invoice # 331 and invoice # 434, overstating them by 5%. In this regard, the buyer refused to accept the goods, and he was returned to the warehouse. The error was caused by increased workload that day. The reason is the absence of the accountant EE Rakova, who was on leave. I performed the duties of two people. I admit the mistake. I ask you to take into account that earlier Prod-Service LLC had no complaints about my work. In the future, I agree to be more careful when filling out the documents.

Accountant I.I. Ivanova

If an employee commits any illegal actions at his workplace, or, conversely, does not act, the employer can demand from him a written explanation of what is happening.

If the employee does not fulfill his direct labor duties, violates labor discipline or the daily routine at the enterprise, then the employer has the right to apply disciplinary action to such a negligent employee. But before that, he must request a written explanation from the employee, which will describe the grounds for the employee to commit such an act.

It is better to write the explanatory text by hand. This confirms the authorship of the offending employee. Judicial practice shows that the cases of refusal of authorship of official documents that were printed on a computer are quite large.

A written explanation is used when it is necessary to prove the validity of the reasons for the incident. Since before applying disciplinary punishment to an employee, the employer must thoroughly understand what happened, the details are argued in the explanatory note.

Each explanatory note should detail all the details of the deed so that the employer can clearly understand if his employee is to blame for what happened or not.
In addition, a note can be exculpatory, when an employee explains in detail to the employer that he is not guilty of what happened.

The law gives 2 working days to draw up a note. If during this period the note is not presented to the employer, it will be necessary to draw up an act of non-submission. The presence or absence of a note in this case will not in any way affect the application of a disciplinary sanction.

The employee is obliged to explain to the employer what was the reason for the commission of this or that act. Circumstances can be of different nature, but they all lead to the following violations of labor discipline:

• being late for work. The reasons can be valid or disrespectful. But the employee must describe them clearly. The law does not specify which reasons are valid. This will be decided by the boss. But, for example, an injury on the way to work would be considered a valid reason for being late;
• non-fulfillment by an employee of his direct labor duties, or their fulfillment in an incomplete volume, which leads to a decrease in the performance of a department or other structural unit;
• absence from the workplace without good reason and without appropriate documents;
• getting an employee of injuries. The incident must be related to the negligence of the employee himself;
• the employee did not fulfill the order given to him by the employer or his immediate superior. At the same time, the issued order is not included in the main duties of this employee;
• an employee is present at the workplace in alcohol, drug or toxic intoxication. This fact must be confirmed by a medical report. The fact that "it smells" is not proof. There are no valid reasons for such a violation, so the employee can only write an exculpatory explanatory note;
• the employee did not provide his immediate superior with reliable information about the state of production activities on the equipment entrusted to him;
• violation of life safety rules that are provided for in this enterprise, and which are enshrined in the relevant regulatory act.

Only the employer or an authorized person who has the right to make decisions on the application of penalties can demand written explanations. Such an authorized person must be appointed to the position directly by the employer, or by the general meeting of the members of the company.

The employee has the right not to write an explanatory note at work, as it directly or indirectly confirms his guilt in the accident. But, as practice shows, if the employee refuses, the employer finds him guilty and applies a penalty to him, up to and including dismissal.
In this case, the refusal to write an explanatory note to the head must be in writing, otherwise the employer will not prove, in the event of a trial, that he demanded explanations from the employee, but he did not provide them.

But it is better to write an explanation, and present all the facts honestly. Then there is a possibility that the employer will become imbued with the problems of his subordinate and forgive him. As a consequence, the penalty will not be applied.

An explanatory note is written by hand on a regular sheet of paper, or on the company's letterhead. It should include 2 parts:

• the actual one is the statement of the fact of being late;
• explanatory - here the employee explains why he was late. In this part of the document, the employee gives reasons and arguments that can justify (or at least explain) the fact of being late.

A correctly drawn up document that explains the cause of errors in work or violations of labor discipline allows the employee to justify his actions, and the manager - to determine the degree of guilt of the subordinate.

No matter how hard workers in various fields try, in production, in an office, at a construction site, in an office or department, sooner or later each of them has a situation in which they have to explain their actions (or inaction) to the employer, having formalized their thoughts in writing.

A document explaining the reasons for an incident, event or action of employees is called "explanatory letter"(abbreviated - "Explanatory").

The presence of an explanatory one allows you to find out all the circumstances in which mistakes or misconduct were committed, to determine the employee's guilt in the incident.

There are many reasons why a manager may require a subordinate to describe the incident in an explanatory note. Among the most common:

• being late
• no show
• absence from work
• unauthorized leaving before the end of the working day (shift)
• refusal to perform duties
• mistakes in work
• malpractice
• identification of violations by the commission, verification
• violation of labor discipline

You should not immediately accept the manager's proposal to write an explanatory one with hostility. Written explanatory - a statement by the employee of his own vision of the situation. This document will not allow the authorities to interpret everything in their own way and punish an innocent subordinate.

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

If the supervisor does not receive an explanatory letter within 48 hours after the employee was asked to provide it, he has the right to apply disciplinary punishment.

IMPORTANT: All explanatory notes are "attached" to the employee's personal file and are kept for 75 years.

Every employee can find out in whose name an explanatory note should be written. To do this, just look at the "Internal Labor Regulations". There are clearly marked managers in whose direct subordination the employee is. The explanatory note must be written in the name of one of these people.

If a group of workers is assembled from different departments, then all these people for the duration of the work assignment are subordinate to the group leader. Consequently, the manager may require an explanatory note to be written in his name.

How to start, finish an explanatory note, what to write in an explanation: rules for writing explanatory notes, instructions for writing

There are no strict rules for the design of the explanatory document, the form of the document is relatively free. But there are several conditions that must be met when writing:

• Above in the right corner indicate to whom and from whom the note is intended (indicating the full name, positions and name of the enterprise).
• In the middle of the line: "Explanatory".
• Further, from the paragraph, the text itself is in free form indicating the exact time, date and circumstances of the incident (in the first person).
• After the explanatory text, the employee has the right to place attachments in which the facts are briefly collected, confirming his innocence.
• Below, starting from the left corner: the position of the employee, then - the signature and transcript.
• The last, in the left corner, is the date - the day when the explanatory note is drawn up.

IMPORTANT: When explaining the reasons for the incident, it is advisable for the employee to adhere to an official business style, without using profanity. At the same time, it is incorrect to demand from a subordinate a certain style or brevity of the text.

How to Write an Explanatory Note at Work for Absence from Work: Sample, Template, Examples

It will not be possible to avoid explaining to the superiors about the absence from the workplace. The management will rightfully demand to write an explanatory note, because absenteeism without a good reason is a violation of labor discipline.

In the explanatory note, you must indicate the reason for the absence. It is advisable if it turns out to be respectful, and even better, if the employee can provide documents confirming the absence from the workplace. These can be certificates, checks or other official papers with the date and time of the employee's absence, confirmed by a signature and seal.

IMPORTANT: You cannot give false information, indicate incorrect facts, because the employer can check the data received in the explanatory note.

The most common reason for the absence from work in the explanatory indicate:

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

Sample explanatory about absence from the workplace:

1. Full name of the head in the upper right corner (for example: “Director of LLC“ Yuzhny Bereg ”Alexander Alekseevich Samuilov”.
2. One line below - your data: "from the accountant Silina Natalya Timofeevna."
3. Below center: Explanatory.
4. From the paragraph of the next line: “On 02/28/2018, I was absent from work due to the fact that a pipe burst at a neighbor from above, and my apartment was flooded. I discovered it at 8.00. She immediately called a repair team and tried to save her own property from damage. A team of workers arrived an hour and a half after my call, and they started working to fix the leak at about 10.00. The renovation was completed at 13.30. Since my working day lasts until 14.00, I did not have time to come to work. Attached to the explanatory note is a certificate from the housing office confirming the breakthrough of the heating pipe and the fact that it was being repaired. "
5. The last line: "1.03.2018, signature, Silina N.T."

How to correctly write an explanatory, explanatory note so as not to be punished: tips

A correctly drawn up explanatory note will help to avoid punishment for a violation.

IMPORTANT: There is an opinion that the employee who writes the "explanatory" note already agrees that in the future he will be accused of what happened. But if you write "explanatory" or "explanatory" - he will be found not guilty. This is a misconception, so you should not come up with new names for the explanatory note, but it is better to correctly compose its text.

The success of the explanatory memorandum depends on the accuracy of adherence to such rules:

• The information should clearly and concisely explain the situation.
• The style of the note should be business-like. Ornate phrases and eloquent phrases are inappropriate in the explanatory text.
• In no case should you try to shift your blame onto another employee or hide significant facts.
• At the end of the story, apologies and promises to continue to be more attentive will be appropriate.
• Use a blank sheet of paper to write explanatory notes, write legibly and accurately.

IMPORTANT: When composing an explanatory text, it is better to refrain from using words that have doubts about the correctness of the spelling. You must make sure that there are no mistakes in writing, or replace this word with a synonym.

If the employee makes a mistake, he will have to write an explanatory letter, regardless of what caused his inattention. Most mistakes at work are due to fatigue, stress, inattention, or lack of experience. Any of these reasons can be specified in the explanatory note. The main thing is to promise at the end of the note to continue to be more attentive, and to make efforts in life to ensure that this does not happen again.

How to write an explanatory note at work about a complaint: sample, template, examples

A complaint about an employee can be left by clients who are dissatisfied with the level of service or the quality of the services provided. It is more difficult to write an explanatory one about a complaint than an explanatory one about any other reason.

The text of the note should reveal the problem, truthfully describe the current situation and justify the employee. On the other hand, explanatory notes of this kind must necessarily contain words of remorse and a promise not to allow similar situations in the future.

But what to write if it was the client who initiated the conflict, and the employee does not see his own fault in what happened?

• You should think carefully about your explanation or consult a lawyer.
• There is no need to admit that it is impossible to verify and prove.
• In the text, it is possible to mention the integrity and diligence of the employee, the absence of disciplinary punishments in the past.
• Draw the employer's attention to any extenuating circumstances available.
• Make yourself a photocopy of an explanatory note.

IMPORTANT: If objective circumstances justifying the employee in the current situation are described in the explanatory note, it is highly likely that he will be able to avoid punishment.

Disciplinary misconduct- non-fulfillment or insufficient (improper) fulfillment of labor duties without good reason. The punishment for committing a misdemeanor is provided for in Article 192 of the Labor Code of the Russian Federation:

• comment
• rebuke
• dismissal

For employees of the prosecutor's office, customs and civil servants, the law provides for stricter penalties, including deprivation of ranks, demotion, warning of non-compliance, and others.

But in order to punish an employee for a misconduct, the employer will have to prove:

• illegal actions of an employee
• the very fact of an employee's misdemeanor
• the employee's fault

Therefore, when writing an explanatory note, the employee needs to think over his every word. Otherwise, the employer will be able to use even the smallest "lead" to punish a subordinate for misconduct.

IMPORTANT: You cannot bring an employee to responsibility for a misconduct if the document of familiarization with the provision that he violated does not contain his signature.

Workplace accident- unintentional, sudden stop of the process, which can result in injury, death, loss of material or other damage.

Depending on the type of incident and the employee's fault in it, punishment will follow. In the best case, it will be a reprimand and deprivation of the bonus, and in the worst case, dismissal.

The explanatory note should truthfully describe the incident, noting their role in it. In this case, it is important to indicate the exact time. In some cases, it is better to write the text together with a lawyer.

If a check at work revealed violations, it will not be possible to avoid written explanations. But you can go unpunished only if such violations were discovered for the first time, and the employee himself enjoys trust and respect.

In any case, in the explanatory note, you need to repent and promise that in the future the violations will be corrected and will never be repeated.

However, if the violations were not revealed for the first time, there is nothing to hope for - the well-deserved punishment will not keep itself waiting long, regardless of what is written in the note.

Writing an explanatory note is not at all difficult, especially since some special form is not required for it. But the accuracy and brevity of the text, sincerity, accuracy of writing and the absence of grammatical errors can help to avoid punishment or mitigate it.

Video: How to write an explanatory note at work correctly and correctly?

If you ever need to write an explanatory note, and as practice shows, there are such cases quite often, then do it competently and correctly. Do not underestimate this document. Taking a serious approach will help avoid further misunderstandings and disciplinary action. This article will help you with this. We will learn how to write an explanatory note, what are the types and requirements for it. In addition, this information will be useful to managers and persons whose competence includes this issue.

What is an explanatory note?

In the general sense of the word, an explanatory note should be understood as a special business paper, which is drawn up to provide explanations on certain provisions of the main document (plan, report, project) or gives a commentary on the reasons for any fact, event or deed.

A large number of variations and varieties of this document can be conditionally divided into two groups.

Types of explanatory notes

1. Accompanying the main document or giving explanations on its individual provisions.
2. Explanatory notes about any incident, actions, situations and behavior of individual employees of the organization. This is the most common type of document drawn up by employees of the organization at the request of a direct or superior manager. They relate to relations arising in the process of labor and production activities. As a rule, an explanatory note is written to the director in connection with the occurrence of an emergency situation, violation of labor and (or) production discipline, disciplinary offenses and violations, etc. In these cases, the employer must request it from the employee (according to the Labor Code of the Russian Federation, article 193) , since it is considered by the legislator as a form of his self-defense. Thus, the explanatory memorandum (sample below) is an integral part of the process of bringing an employee to disciplinary responsibility.

Execution of an explanatory note

For the first type of documentation, printed form is a mandatory requirement; for the second, handwritten text on a standard A4 sheet of paper is acceptable. Everyone should know how to write an explanatory note and what to indicate in it, because in practice this occurs very often. No matter how exemplary employee you are, situations are different, and no one is immune from them. The structure of the explanatory note includes the following mandatory elements:

• addressee details;
• name of the document, indication of the type;
• title of the text (begins with the preposition "O (About) ...");
• main text;
• date of writing the document;
• personal signature.

An explanatory note (a sample is given below) in the substantive part should reflect objective data on events and specific facts, give clear explanations. The main text reflects the personal position of the employee in the current situation, his attitude to the committed misconduct and consequences. If the employee admits his guilt in committing a misdemeanor, then he can reflect this in the substantive part, indicating his repentance for his deed, and give a promise not to repeat this in the future. If he considers himself innocent, then there is an opportunity to express his point of view and provide his arguments and necessary evidence.

Summing up, we can say that an explanatory note is an example of how an employee can protect himself in the presence of a disputable situation. His explanations, in essence, contribute to an objective assessment by the employer of a certain fact and make it possible to identify all the circumstances of the committed misconduct, and, if necessary, choose a fair measure of disciplinary sanction.

Notifying the employee about giving an explanation

As already mentioned, the employer is obliged to request a written explanation from his employee before applying a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation). In addition, the deadline has been set in which an explanation must be given - two working days. Based on the time allocated by the legislator, the employer must document the date when he asked his employee to provide the note. There is no mandatory requirement for this, but from a practical point of view, such a document would be useful. Firstly, this is the starting date, and secondly, documentary evidence that the employee's rights have not been violated. We give an example below so that it is clear what should be indicated in it and how to write it. An explanatory note is requested on a letterhead signed by a representative from the employer, in whose competence to impose disciplinary sanctions. As a rule, this is the leader or the person to whom these powers are delegated.

Sample notification

Deputy Chief Physician

Kukushkin R.R.

About providing a written explanation

In connection with the improper performance of your labor duties, which were expressed in your absence from the workplace in the period from 12/21/14 to 12/23/14, I ask you to provide a written explanation of this fact to the HR department by 18:00 on 26/01/2014.

Chief physician (signature) P.P. Sorokin

Received the notification on 01.24.2014

Deputy chief physician (signature) Kukushkin R.R.

A situation may well arise when an employee refuses to receive and sign such a document, and an explanatory note for work is written with a delay, when it is no longer possible to apply a disciplinary measure and all the deadlines have passed. In this case, there may be the next way out - to hand over the notification by the commission, that is, in the presence of the immediate manager, a representative from the trade union, the legal adviser of the organization and other interested persons. If a refusal followed, then it is worth drawing up an act with the signatures of everyone who was present. In this way, you confirm compliance with the provisions of Art. 193 of the Labor Code of the Russian Federation.

Explanatory note (sample) for work: example No. 1

The most common situations associated with absenteeism or being late for work.

To the commander of military unit 65487

Colonel Sidorov S.S.

From an employee of the Ministry of Defense of the Russian Federation, a clerk

Volkova R.L.

Explanatory letter

I, Roman Lvovich Volkov, on May 16, 2014 was 4 hours late for work. On the merits of the current situation, I can explain the following. This morning, on my way to work in my own car, I witnessed an accident. In this regard, he was forced to testify to the traffic police. It took quite a long time. I am attaching a copy of the protocol as evidence and a supporting note from the traffic police inspector P.P. Orlov.

Example No. 2

To the director of the Parus store

Malinina M.M.

From the warehouse manager

Smorodintseva S.S.

Explanatory letter

I, Smorodintseva Sofia Semyonovna, on December 30, 2014 was 2 hours late for work. The fact is that the day before I bought a new watch with an alarm clock. Not fully understanding the mechanism, I set the timer incorrectly and slept for one hour. I realize my mistake. I promise that this will never happen again.

Explanatory bug note: example

This type of document is also encountered quite often. Errors can be of various kinds concerning practical activities, documentation, etc. In this case, the situation with non-fulfillment of the work plan is considered.

Director of LLC "Much money"

Monetkina L.D.

From the chief specialist Bumazhkina R.M.

Explanatory letter

About failure to fulfill the plan for September 2014

I, Monetkina Lyudmila Denisovna, having analyzed the current situation related to the failure to fulfill the plan for concluding credit agreements, I explain the following. The problem is associated with a shortage of employees, since two specialists were fired in a month, no one was hired to replace them. The two remaining employees are unable to cope with the volume of work, although they work in excess of the norm.

Drawing up an act on the employee's failure to provide an explanatory note

If, after the expiration of the established period, the explanatory note (example above) was not provided by the employee, then in accordance with the specified article of the Labor Code of the Russian Federation, the employer must draw up a special act. True, the legislator does not indicate which particular employee should do this, in what time frame and whether it is required to familiarize the employee with it. This is determined at the level of the organization, taking into account the rules of office work. The act is drawn up with the participation of a group of persons and confirms the events or facts established by them. Therefore, it must be drawn up collectively, it will be advisable to involve those employees who were present when the employee was presented with a notice of the requirement to provide an explanatory note. It is written on a common letterhead and may look like the one below.

Sample act

Failure to provide an employee with a written explanation in connection with the commission of a disciplinary offense

Me, the head of the personnel department Koroleva E.E., in the presence of the chief accountant Ivanova N.N. and economist Pevtsov R.I. the present act has been drawn up on the following:

07/06/2014 to accountant Petrova I.I. it was proposed in accordance with Article 193 of the Labor Code of the Russian Federation to provide a written explanation on 07/09/2014 about the disciplinary offense committed by her, manifested in her absence from the workplace for 6 hours in a row. Petrova I.I. she did not do this within the prescribed time, saying that she had already given an oral explanation and was not going to write anything more.

This act has been drawn up in two copies.

/ signature / Koroleva E.E.

/ signature / Ivanova N.N.

/ signature / Pevtsov R.I.

A copy of the act was received:

/ signature / Petrova I.I.

The refusal to write an explanatory note should not be regarded as a new disciplinary offense, because this is the employee's exclusive right, not an obligation. And by this act, the employer only confirms that all the norms of the law have been observed.

The difference between an explanatory note and a memorandum and service

These three concepts should not be confused. We have already figured out the first one. Knowing how to write an explanatory note will make it easy for you to deal with the rest. Let's talk about them briefly. The memo is reversed. The purpose of writing it is to inform the leadership about the current situation, situation, facts that have taken place, that is, to motivate them to take any action.

The memo involves the transfer of certain information along the "horizontal" branch of management, that is, from one manager to another, an employee of one department to an employee of another, etc. As a rule, they relate to material, technical, organizational, economic and other issues. Essentially, this is business correspondence.

How to write an explanatory memorandum (sample or example) can be easily found on the net. There is no single form, but there are certain requirements that we have indicated. You can easily use and modify the given examples "for yourself".

Every person must have had occasions at work when they had to write an explanatory note. At first glance, it seems that everything is simple, but when you have to write it, it is difficult to collect your thoughts and bring the essence of the problem to the management. So, in this article we will talk about how to properly draw up such a document and consider an example of an explanatory note.

What it is?

First, let's try to answer the question of what an explanatory note is. In fact, this document explains to the managing person the point of view of its author regarding the event that happened (absenteeism or violation of the deadline for the execution of the assignment or its volume, and much more). Also, an explanatory note can be written in order to explain the content and essence of any document (reports, projects and other similar documents). At the same time, you can write it on a common letterhead used by the organization. If the employee has committed that, in accordance with the Labor Code, the employer has the right to ask the offender to explain the situation in writing. In the event that an explanatory note for work was not provided on time, the employer can draw up an act of refusal and apply disciplinary measures. Therefore, it is easier to write it.

a note to work?

First of all, the text should indicate the facts that are directly related to the situation that has arisen. After that, it is necessary to state the reasons for the unsuccessful outcome of the case (you must agree that in case of victory, the management does not require an explanatory note). It is better to write in business language, thoughts should be expressed shortly and clearly. You should only describe the facts about the case, avoid making excuses (in this case, you clearly admit your guilt) and false statements of facts. The note must be weighty and well-reasoned. It's not bad if you have the opportunity to consult with colleagues, family or friends. The explanatory note, a sample of which is presented below, can be written by hand with the indication of the requisites.

Types of explanatory notes

Conventionally, such notes can be divided into two types: exculpatory and explanatory. The employee provides the first option when it is necessary to indicate the reasons for his own offense. Explanatory notes are drawn up by the employee to explain the reasons for the deed, indicating the circumstances and conditions that do not depend on the will of the author of the note.

Most often, explanatory documents are required in the following cases: being late for work, appearing at the workplace in alcoholic, drug or toxic intoxication, committing theft of property from the workplace, committed immoral misconduct, absence from the workplace or absenteeism, labor discipline, providing false information in authorized bodies. It is, of course, easier to write it when you have an example of an explanatory note in front of your eyes.

Explanatory note form

In practice, the subordinate draws up a document in one copy on a sheet of standard format (A4). As a rule, a note is drawn up in the name of the head of a company or organization. There are unified forms of such documents, but they are only advisory in nature. At the request of the head, a decree can be issued on the use of a single form of an explanatory document in the organization. If the employee wrote a note in an arbitrary form that differs from the approved one, the manager should not consider it invalid, since this does not affect the essence of the explanation.

Registration

The essence of the explanatory note is to explain to the higher management the reasons for non-fulfillment of the order, violation of technological or labor discipline. The details must contain: the full name of the organization, the full name of the head to whom the note is addressed, the name ("Explanatory Note"), the registration number of the document and the date of its preparation, a small subtitle to the text itself ("Regarding ...", "About ...") , Name of the originator. This is followed by an explanatory text and a personal signature. The structure of the explanatory text should be divided into two parts: factual (indicating the facts that led to the writing of the note) and explanatory (indicating the reasons explaining the situation or the fact of the violation itself). It should also be noted that the details of the service and explanatory note are similar to each other.

When do you need to require an explanatory note?

Disciplinary action and its imposition are regulated by the Labor Code. Before imposing a penalty on an employee, it is important to document the fact of the violation. Only then can the employee be required to write an explanatory note stating the reasons for his behavior.

Next, the management analyzes the reasons and makes a decision: to consider them valid or not. In the event that written explanations are not provided after two working days, which must be signed by at least two witnesses. In the presence of such an act, the manager has the right to impose a disciplinary sanction on the employee, even without explanation from the employee himself. A disciplinary sanction can be imposed no later than one calendar month from the moment the violation was discovered. The countdown of this period is suspended if the employee is on vacation or on sick leave. The penalty cannot be applied after six months from the date of discovery of the violation.

Example of an explanatory note

1. Registration of a note on violation of labor discipline

Head of LLC "Energosbyt"

Petrov P.P.

20.10.2010 № 23-45/12

Explanatory letter

About delayed delivery of materials

I, Ivanov Ivan Ivanovich, responsible for the supply of materials and consumables, have been in this position since 15.07.2010. On Monday, October 18, 2010, I had to deliver the materials to FE Energetik. But due to a malfunction of trucks, it was delivered only on October 19.

Personal signature

2. An example of an explanatory note with humor (details are filled in as in the first example). “I was late for work on March 19, 2013 for a good reason. In the morning, before going to kindergarten, my son really wanted to use the toilet (due to physiological need). The time I’m late is exactly the same as the length of time the child has been in the toilet. I believe that this case can be attributed to the number of situations (force majeure), since it did not depend on my desire to come to work on time. "

Write an explanatory note with a touch of humor only if you are sure that it will be correctly understood by your supervisor.