If an employee commits any illegal actions at his workplace, or, conversely, is inactive, the employer may require him to provide written explanations of what is happening.
If an employee does not fulfill his immediate labor duties, violates labor discipline or the daily routine at the enterprise, then the employer has the right to apply to such a negligent employee disciplinary action. 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.
Explanatory notes should be written by hand. This confirms the authorship of the offending employee. Judicial practice shows that 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 what happened. Since before applying a disciplinary punishment to an employee, the employer must carefully understand what happened, the details are argued in the explanatory note.
Each explanatory note must detail all the details of the deed so that the employer can clearly understand if the fault of his employee in what happened or not.
In addition, a note can also be exculpatory in nature, when an employee explains in detail to the employer that he is not guilty of what happened.
The law takes 2 working days to draw up a note. If during this period the note is not submitted 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 affect the application of disciplinary action.
The employee is obliged to explain to the employer what caused the commission of this or that act. Circumstances may be different character, but all of them lead to the following violations of labor discipline:
Only the employer or an authorized person who has the right to make decisions on the application of penalties can demand written explanations. Such authorized person must be appointed directly by the employer, or general meeting members of the society.
The employee has the right not to write an explanatory note at work, as it directly or indirectly confirms his guilt in the incident. But, as practice shows, if the employee refuses, the employer finds him guilty and applies a penalty to him, up to and including dismissal.
At the same time, the refusal to write an explanatory note to the manager must be in writing, otherwise the employer will not prove, in the event of a trial, that he demanded an explanation from the employee, but he did not provide them.
But it is better to write explanations, and state all the facts honestly. Then there is a possibility that the employer will "permeate" the problems of his subordinate and forgive him. As a result, no punishment will be applied.
An explanatory note is written by hand on a regular sheet of paper, or on letterhead enterprises. It should include 2 parts:
Explanatory note- a document substantiating the reasons for a violation committed by one or another employee. It is usually written either on a voluntary basis or at the request of the head in cases where an employee of the enterprise was guilty of something (was late or did not come to work at all, appeared drunk, did not fulfill the assignment given to him, etc.).
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As a rule, violations that require an explanation on the part of the employee are quite serious and can lead to disciplinary action, up to and including dismissal. To avoid this and honestly understand the situation, a competent leader asks for written explanations.
An explanatory note can protect an employee in disputable situations in case of disagreements with the employer, and can also acquire the status of an evidentiary document if any of the parties applies to the court.
Most often, an explanatory note is written in the name of the director of the enterprise. But if the company is very large, then it should be written to the direct management (shop manager, foreman, department head, etc.). Usually, the position of the person in whose name you need to write a note is regulated by the “Internal Rules”, which should be in every organization.
For writing explanatory note certain deadlines are set: no more than two working days from the moment of the incident. That is why the employer, when drawing up a written request for explanations, must set a date - the report will be kept from it. If in set time an explanatory note will not be written, the employer has the right to apply to the subordinate any penalties that are adequate to the misconduct and within the framework of the law.
It should be remembered that only one disciplinary punishment can be applied for one violation and no later than one month after the fact of the committed violation has been established (the fact is also established in writing, by drawing up and registering a special act).
The explanatory note is written in free form. It must contain the following information:
The more convincing the main part, the better for the employee, as arguments it is best to give arguments that have any written confirmation (for example, if you are late for work, a certificate from a medical institution, or a check from a car service with the date and time of the repair, etc. .P.). Also, a positive role is played by repentance for the committed violation (if it has a direct fault of the employee) and a promise to improve in the future and not make such mistakes.
If the employee does not see any guilt behind him, this must also be reflected in the explanatory note with all the necessary evidence of its absence.
You can write an explanatory letter either by hand or type it on a computer. The first option is preferable and this is how experienced specialists of personnel departments and lawyers require to draw up a document. In any case, the explanation must be certified by a "live" signature an employee with a mandatory "live" transcript.
The explanatory note must be written in two copies, one of which must be handed over to the employer, and the second must be kept, but only after the employer puts a mark on both copies that the explanatory notes have been received.
An explanatory note from the point of view of the norms and rules of office work has a completely standard structure and should not cause great difficulties when writing
In the "header" of the document in the upper right corner, you must enter addressee information.
Then, in the center of the line, you need to write the name of the document with a short designation of its essence (in this case, “about being late for work”).
The second part is the main one. Here it is necessary to bring only facts and causes of misconduct At the same time, one should try to give a correct explanation with clear formulations and arguments. If there is written proof of the employee's innocence, this should also be stated. You don’t need to write a lot and in great detail - no one will read several pages of text, moreover, such an explanation can cause a negative reaction from the employer.
Application required sign with the obligatory transcript of the signature and transfer it either to the secretary or personally into the hands of the immediate supervisor.
Every employee who commits a misdemeanor must be given an opportunity by the employer to explain himself before imposing punishment. An explanatory note about an error in work (a sample is given in the article) is compiled by the employee within two days from the date of the request to write it.
The first thing an employer should do when a violation is found on the part of an employee is to record this violation.
As such a fixation, you can apply:
The established procedure for applying punishment provides for the mandatory demand for explanations from the employee. For these purposes, the employer is obliged to ask the employee to write an explanatory note to him. Such a request is made in free form. It may not be drawn up in writing, for example, if the employee himself is ready to explain himself. But there are conflict situations. In such cases, the employer is advised to request explanations in writing.
If the employee refuses to explain, then after two days the management has the right to draw up an act about this. On the basis of an explanation or an act of non-explanation, management must issue an order for the application of a disciplinary sanction of their choice. This order in for three working days must be declared to the violator under the signature. These days do not include the absence of the worker. If the employee refuses to familiarize himself with the order and put his signature on the order, then the management should draw up an act about this.
The legislation does not establish the form of the employee's explanation of the violation committed by him. Explanatory requirements have not been established either. But, based on the essence of this document, it should reflect:
The explanatory note (we give a sample to this article) is drawn up in the first person in one copy. Since this document is drawn up by an employee, the employer does not have the right to dictate its text and insist on the inclusion of any circumstances in it.
Sample explanatory note
To identify a misdemeanor, you need to determine:
In order for the employer and employee to clearly understand who is responsible for what, the work responsibilities of all employees must be described in detail. All hiring persons must be familiar with them. Job responsibilities are set out in employment contract. In more detail they can be reflected in the individual job description.
If the employer, after receiving an explanatory note and according to the head of the violator, reveals that a disciplinary offense has indeed been committed, then disciplinary measures may be taken against the violator.
Provided the following types penalties:
The employer has the right to choose only one of the punishments. It is possible to dismiss an employee for misconduct only in the cases listed in
Explanatory note. Sample. The correct structure, instructions, explanations for writing. How to write text correctly? Standard form, form. Examples. Template to fill. (10+)
Explanatory note. structure, example, pattern, pattern
| The most important: I advise you to write an explanatory as detailed as possible. This provides a number of benefits. Firstly, You show that the issue has been worked out, the consequences have been assessed, and measures have been taken to mitigate the effect of the incident. Secondly, on formal grounds, a detailed note can close the question. Thirdly, a detailed note reduces the likelihood of personal contact with management: if the note contains all the information, then there is no need to call. And personal contact in such a situation, as a rule, is undesirable. Be sure to include the following sections in your explanatory note:
|
An explanatory note template that I recommended for my employees to use. Examples of filling sections. Take as a basis, supplement and expand. I advise you to write an explanatory note in detail. This provides a number of benefits. Firstly, you show that the issue has been worked out, the consequences have been assessed, and measures have been taken to mitigate the effect of the incident. Secondly, according to formal features, a detailed note can close the issue. Thirdly, a detailed note reduces the likelihood of personal contact with management: if the note contains all the information, then there is no need to call. And personal contact in such a situation, as a rule, is undesirable.
Writing an explanatory note is much more convenient if you have a template that defines the structure of the document. I posted this template, download it. You need to fill my sample with your text.
One more piece of advice. In the text, try to adhere to a strictly official style (check out its features at the link), avoid emotional remarks, use neutral words. What is acceptable in working correspondence may not be acceptable in such a note. If the situation is difficult, then the best way out may be underlined formality.
Read also:
[To whom. Position, surname, name, patronymic, of the person to whom the note is sent]
[From whom. Position, surname, name, patronymic, of the person who drew up the explanatory note]
Briefly describe the essence of the event to which the explanatory note is devoted. Reflect the information in a volume sufficient for the recipient to navigate and understand what event is being discussed. If the description is complex, then provide links to sources of information from which additional data can be obtained if necessary.
For example: 12/20/2010 I was late and was in the office 30 minutes later than the scheduled time.
For example: 01/11/2014 Money was stolen from the client's account. Details in the case file N _______ dated ___________.
For example: 01/10/2009 The virus destroyed the results of two weeks of work of the research group.
Description of the reasons that led to the events to which the note is devoted.
For example: The reason for the delay was the need to take the child to school and talk to the teacher before the first lesson.
For example: Cause of loss Money were malicious actions of criminal elements who forged signatures on payment documents.
For example: The reason for the penetration of the virus was the use of an unlicensed anti-virus software, which is not updated on time and does not receive signatures of new viruses in a timely manner.
Assessment of the consequences of the incident or information about the need for detailed analysis in extra time.
For example: Being late resulted in a time shift in the preparation of documents. But this did not affect the work of the company. The departments concerned received the documents on time.
For example: The company is likely to be forced to compensate the customer for losses. A decision on this issue needs to be made.
For example: Work results are lost. The deadlines are postponed by a week, necessary for the repetition of work. The cost of doing the work will increase.
Measures are divided into two groups: steps to minimize the damage from a particular event and steps to minimize the likelihood of such events occurring again.
For example: To ensure the timely preparation of documents, I stayed after work and prepared them.
In order to prevent violations of labor discipline, I subsequently propose to establish a flexible work schedule for me, allowing, with the consent of my immediate supervisor, to sometimes be late in the morning if there is no urgent work, provided that I work the delay in the evening, after the completion of official working hours. This work schedule is necessary for me due to the fact that my family responsibilities include communication with my child's teachers.
For example: Upon the fact of the incident, they turned to law enforcement agencies. A criminal case has been opened. The search for intruders is underway.
To avoid such incidents, I propose to improve the procedures for verifying customer orders.
For example: Upgraded copies of directories. Based on these materials, the results of the work can be restored twice as fast as they were received, that is, in a week. Changes have been made to plans and budget. New terms are agreed with customers.
To exclude such incidents, a licensed antivirus was purchased.
[Date, signature]
Ivanov I.I., the head of the shift N 3 of the sellers of gas stations
from the senior seller Petrova I.V.
Explanatory note
On August 12, 2016, the work of sellers was checked by a mystery shopper. Serving a mystery shopper, I did not greet him, did not inform him about the ongoing promotion, and did not say goodbye.
There was a large flow of buyers that day. As a result, I made the shortcomings in the work described above.
I understand that courteous communication with buyers is necessary for visitors to become our regular customers, and informing about promotions contributes to better satisfaction of visitors and increases our income.
In light of this, I undertake to take the following measures:
Petrova I. I. Date, signature
Real examples from my practice:
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Practically every working person faces situations when it is necessary to provide written explanations about a particular error made in the work process. Usually, the authorities ask for such an explanatory note in the case when the violation committed is significant - i.e. there has been a breach of labor or official duties, and must be kept from wages employee disciplinary action. And then the “violator” has a question of how to write an explanatory note about errors in work so as not to cause even more anger from higher management.
The explanatory note on the fact of the identified violations should be drawn up as follows:
A sample explanatory note looks like this: 
To require an employee to provide an explanatory note in writing is directly only the director, i.e. the employer himself.
Neither managers, nor heads of departments, etc. have the right to demand that the above explanation be written., although they can intimidate employees with this in case of any violations, which is unacceptable.
If the fact of violation on the part of the employee really was, then the best option for him is really to write an explanatory note. Since in case of refusal of this procedure, such behavior on his part can be regarded by the higher management as a violation of discipline at work, which can lead to more serious consequences, up to and including dismissal under the article.
Read also: Vacation for harmful conditions Labor Labor Code of the Russian Federation
How to write an explanatory note correctly so that the boss does not have the opportunity to find fault too much? Before embarking on the preparation of the above document, it is better to consult with a lawyer. If this is not possible, then at least talk about the current situation with colleagues at work and carefully listen to their advice.
You should not lie, trying to justify yourself on paper, if you are really to blame for something. Since this behavior can lead to even more problems. After all, the lie will still be revealed, and the employee will be “stigmatized” as a liar and a deceiver. This turn of events could be detrimental career growth further. If the situation did not depend on you, but the management considered you guilty, you can add the following phrase in the explanatory text: “in this case, my actions were oriented to the current situation” or “in this situation, I acted in accordance with the circumstances.” Such an explanation can help to get out of the situation with dignity. Also, this record may be at hand in the event of a case in court. 
Try to present the facts of violations softer. For example, you should not indicate that you were late for work. This offense seems too serious and for this you can get not only a reprimand, but also a fine that will have to be paid from wages. If instead of “late” to use the word “delayed”, the authorities may treat this misconduct more condescendingly.
It is better to draw up the above document on a computer, and then, after verification, print, sign and provide to the management. This is necessary in order to keep a secret about how worried you were when writing the note. If the document is drawn up manually, the director of the enterprise may expose your excessive excitement, which will be completely displayed on the handwriting (crooked letters, uneven writing of text in a line, etc.), which can also be displayed on how you will be punished - with a fine or just a reprimand. 
What if it is necessary to draw up an explanatory note to a person on whom the situation did not depend and other employees are also to blame for what happened? The main thing in this case is not to blame others for everything that happened, thus trying to protect yourself from punishment. And as objectively as possible to approach the situation and write a note as objectively as possible. A well-written explanatory note, the sample of which you saw above, can contribute to the fact that the director will only reprimand you and those who are responsible for what happened. Thus, you will not only not set up your colleagues and save normal labor relations in the team, but you will also look worthy in the eyes of your superiors. 
If the violation against you is serious enough, but you know that you did nothing wrong, and you are not guilty of anything that happened, then you can defend your innocence to the last and even apply to the court for restoration of justice.
An explanatory note must be provided to the management of the enterprise by the employee within two working days.
