No person is immune from accidents, including at work. Violation of labor discipline is punishable unless there is a valid reason.

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How to fill out an explanatory note at work in 2019? Non-compliance labor discipline threatens the employee with disciplinary measures.

In some cases, violation may result in dismissal. In this case, the employee can influence the management’s decision by citing valid reasons for the violation. How to write an explanatory note at work in 2019?

Basic moments

A situation can happen to any employee when he is late for work, cannot perform his duties properly, or is forced to miss working hours.

From the position labor law this will be considered a violation of labor discipline. But the reasons can be both respectful and disrespectful.

Based on the employee’s explanations, management will decide whether to punish the employee.

The employee must explain the current situation in writing. According to generally accepted rules, an explanatory note is drawn up.

This may be exculpatory or explanatory. Explanatory letter is official document, and it must be formalized properly.

The main purpose of the note is to explain the reasons for the violation and the possibility of exonerating the employee. But the information needs to be presented correctly.

What it is

There is no concept of “” in the legislation. However, “requiring explanations in writing” is mentioned.

We are talking about situations where an employee committed unlawful actions or the production process was disrupted through his fault.

It is clear that the employee will try to explain the circumstances orally. But such explanations cannot be used in document flow.

Thus, an explanatory note is a document in which the employee sets out in writing the reasons for the violation of labor standards.

That is, it simply states the incident that happened. The employee does not make any statements in the explanatory note. He does not ask to understand the current situation.

This fact distinguishes this note from other official documents, for example, a report or statement. An explanatory note refers to documentation of an informational or reference nature.

Or the employee misjudged possible consequences of your actions. The explanatory note displays not only the reasons for the violation, but also the prerequisites that led to the occurrence of the situation.

The circumstances that contributed to the inattention to the details of the work are also indicated. How to write an explanatory note about errors in work?

It is not recommended to shift your responsibility onto your colleagues, however, you should not admit absent guilt.

As an example, an employee made a mistake while working on new equipment. You can, of course, refer to inadequate instructions. But it is better to refer to the lack of proper experience.

For time off

This is absence from work for the entire working day or for more than four consecutive hours during one work shift.

Absenteeism without a valid reason may be grounds for termination of an employment contract. Therefore, the employee is extremely interested in talking in detail about absenteeism.

As a rule, the following are considered respectful:

  • illness of the employee or close relatives, confirmed by a medical certificate;
  • death of a family member;
  • accident;
  • accident;
  • disaster.

In any case, a valid reason is recognized only if there is documentary evidence.

For being late

If you ever need to write an explanatory note, and as practice shows, such cases happen quite often, then do it competently and correctly. Should not be underestimated this document. A serious approach will help avoid further misunderstandings and disciplinary measures. This article will help you with this. We will learn about how to write an explanatory note, what types there are and the requirements for it. Besides, 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 compiled to provide explanations for individual provisions of the main document (plan, report, project) or provides commentary on the reasons for any fact, event or action.

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

Types of explanatory notes

  1. Accompanying the main document or providing explanations on its individual provisions.
  2. Explanatory notes about any incident, actions, current situations and behavior of individual employees of the organization. This is the most common type of document drawn up by employees of an organization at the request of a direct or superior manager. They concern relationships that arise in the process of labor and production activities. As a rule, an explanatory note to the director is written 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 is obliged to 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 self-defense. Thus, the explanatory note (sample below) is integral integral part the process of bringing an employee to disciplinary liability.

Drawing up an explanatory note

For the first type of documentation, printing 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 include in it, because in practice this happens very often. No matter how exemplary an 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 type;
  • title of the text (begins with the preposition “O (Ob)...”);
  • main text;
  • date of writing the document;
  • personal signature.

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

To summarize, we can say that an explanatory note is an example of how an employee can protect himself if he has controversial situation. His explanations essentially contribute to the employer’s objective assessment of a certain fact and make it possible to identify all the circumstances of the offense committed, and, if necessary, choose a fair disciplinary measure.

Notifying the employee to give an explanation

As already mentioned, the employer is obliged to request a written explanation from its employee before applying a disciplinary sanction (Article 193 of the Labor Code of the Russian Federation). In addition, there is a deadline within which an explanation must be given - two working days. Based on the fact that the legislator allocates a certain time, the employer must document the date when he asked his employee to provide a 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 to make it 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, whose competence is to impose disciplinary sanctions. Typically, this is the manager or person to whom this authority has been delegated.

Example notification

Deputy Chief Physician

Kukushkin R.R.

About providing written explanation

In connection with your improper performance of your job duties, which resulted in your absence from work during the period from 12/21/14 to 12/23/14, I ask you to provide a written explanation for this fact to the HR department until 18:00 on 01/26/2014.

Chief physician (signature) Sorokin P.P.

Received notification on January 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 the explanatory note for work is written late, when it is no longer possible to apply a disciplinary measure and all deadlines have expired. In this case, the next option may be to serve the notice by a commission, that is, in the presence of the immediate supervisor, a representative from the trade union, the organization’s legal adviser and other interested parties. If there is a refusal, 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 Labor Code of the Russian Federation.

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

The most common situations are related to absenteeism or being late for work.

To the commander of military unit 65487

Colonel Sidorov S.S.

From an employee of the RF Ministry of Defense, a clerk

Volkova R.L.

Explanatory letter

I, Roman Lvovich Volkov, was 4 hours late for work on May 16, 2014. Regarding the essence of the current situation, I can explain the following. This morning, while driving my own car to work, I witnessed an accident. In this regard, he was forced to testify to traffic police officers. It took quite a long time. I am attaching a copy of the protocol as evidence and a supporting note from 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 Semenovna, was 2 hours late for work on December 30, 2014. 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 overslept for one hour. I realize my mistake. I promise that this will not happen again in the future.

Error Note: Example

This type of document is also found quite often. Errors can be of various kinds, relating to practical activities, documentation, etc. In this case, the situation with failure to fulfill the work plan is considered.

To the Director of LLC "Much Money"

Monetkina L.D.

From the chief specialist Bumazhkina R.M.

Explanatory letter

On failure to fulfill the plan for September 2014

I, Lyudmila Denisovna Monetkina, having analyzed the current situation related to the failure to fulfill the plan for concluding loan agreements, explain the following. The problem is related to the lack of employees, since two specialists were fired within a month and no one was hired to replace them. The two remaining employees cannot cope with the amount of work, although they work beyond 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 employee specifically should do this, within what time frame and whether it is necessary to familiarize the employee with it. This is determined at the organizational level, 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 would be advisable to involve those employees who were present when the employee was given a notice of the requirement to provide an explanatory note. It is written in general form and may look like the one below.

Sample act

On failure by an employee to provide a written explanation in connection with the commission of a disciplinary offense

By me, the head of the HR department, E.E. Koroleva, in the presence of the chief accountant, N.N. Ivanova. and economist Pevtsov R.I. This act has been drawn up as follows:

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

This act is drawn up in two copies.

/signature/ Queen E.E.

/signature/ Ivanova N.N.

/signature/ Pevtsov R.I.

A copy of the act was received by:

/signature/ Petrova I.I.

Refusal to write an explanatory note should not be regarded as a new disciplinary offense, because this is the employee’s exclusive right, and not an obligation. And with this act, the employer only confirms that all the rules of the law have been complied with.

The difference between an explanatory note and a report and service


These three concepts should not be confused. We've already dealt with the first one. Knowing how to write an explanatory note, you can easily cope with the rest. Let's talk about them briefly. The memo is the opposite. The purpose of writing it is to inform management about the current situation, situation, facts that took place, that is, to motivate them to take some action.

The memo suggests the transfer 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 logistical, organizational, economic and other issues. Essentially, this is business correspondence.

How to write an explanatory note (sample or example) can easily be found on the Internet. There is no single form, but there are certain requirements that we have outlined. You can easily use and modify the examples given to suit your needs.

In Art. 193 of the Labor Code of the Russian Federation states that before applying a disciplinary sanction, 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 the employee to provide an explanation is not an obstacle to applying disciplinary action.

What follows from this?

  1. You may be required to provide an explanation only the employer, and not just anyone (for example, the head of a department or an auditor does not have the right to do this).
  2. If the employer demands an explanation from you, then it is better to write it, and there are some nuances here:

don't write lies, because there is a high probability that they can check the information, and then, to your violation, you will also be caught in a lie... and this is bad.

don't blame your colleagues for everything– the employer will definitely demand an explanation from them as well, as a result you will not only not be justified, but you will also make additional enemies + some other violations may come to light.

don’t write “they didn’t teach me...”- when applying for a job, you signed a job description (by the way, before writing any explanatory note, don’t be too lazy to re-read it), where, as a rule, everything is taken into account, including self-training and compliance with all kinds of instructions. Not knowing, as you know, does not liberate... In this case, the employer will also request an explanation from your manager (who did not teach), and... - here see the previous paragraph.

It is better to write an explanatory note with references to job responsibilities, specified in your job description, on instructional materials (they say, you probably interpreted it incorrectly). If you really want to blame someone, then you can write that, probably, there was a prejudiced attitude on the part of such and such, etc. There is also a trick in the name of the document, that is, not “explanatory”, but “explanatory note”.

If the violation is obvious, then it is better to refer to poor health, a large flow of clients. Then at the end you need to write that you admit your mistake and undertake to prevent such situations in the future.

The form, template of the explanatory note includes the required details:

  • name of company;
  • indication of the official to whom the note is addressed, his full name;
  • from whom
  • name of the document – ​​“Explanatory Note”;
  • title to the text (“Regarding...”, “Regarding...”);
  • explanatory text;
  • compiler, his signature.

Depending on the type of violation, the employer may require a written explanation:

on the fact of violation of labor discipline: being late, being absent from work (more than 4 hours), showing up at work while drunk (for the latter you can be fired immediately!).

To the manager JSCB "CIGANBANK" (CJSC) in St. Petersburg V.V. Ivanov From the department controller-cashier Office sales Sidorova O.V.

Explanatory

Due to being late on 03/11/13. to work for 14 minutes, I can explain the following: the delay became possible due to the lack of ground transport that morning from the Sennaya metro station very for a long time, resulting in a 20-minute wait at the stop.

From now on, I undertake not to be late for work (or to report by phone about possible lateness due to transport delays or other emergency circumstances), and also to work 14 minutes today during my lunch time.

Sidorova O.V. (signature)

upon detection of violations during inspections, audits, and transactions: After the inspections, a report is drawn up describing the identified non-compliances with the requirements of regulatory documents, where the specific point of the instructions that you violated must be indicated!

You shouldn’t think that inspectors/revisors/auditors are Gods, they are people just like you and me, and inspection reports are often drawn up by copying them from previous ones, without even being convinced of the relevance of regulatory documents at the time of inspection (violations same type). There have been cases when they tried to put into violation something that had long been canceled, so you need to not be lazy and first look for each item that is “presented” to you in the instructions/regulations/agreement/job description in order to make sure that a violation took place at all be. If there are no references to clauses of regulatory documents, then there are no violations.

To the manager JSCB "CIGANBANK" (CJSC) in St. Petersburg V.V. Ivanov From the boss Office sales department Sidorova O.V.

Explanatory

Upon detection of violations during an audit of the organization cash register work in the office sales department, I can explain the following:

As for point 1, the data check of additional offices was scheduled for December 2013, there are no violations.

According to clause 2, the audit report was subject to approval by the Head of the Branch, therefore it was not in the folder at the time of the audit.

According to clause 3 - In accordance with p.19.13. Provisions 318-P - Composition of the commission created to conduct an audit of cash and check the procedure for maintaining cash transactions, established by administrative document credit organization. The said commission should not include employees who perform operations with audited, verifiable cash.

The Head of the Cash Circulation Department and the Cashier of the Cash Circulation Department are employees of the Cash Circulation Department and officials responsible for the safety of valuables in Branch storage JSCB "CIGANBANK" (CJSC) in St. Petersburg, and, accordingly, could not carry out operations with audited, verifiable cash in Additional Office No. 1 because They are not employees of this department– Subsidiary No. 1, like all other subdivisions of the Branch, is structurally part of the Office Sales Department of the Branch. There was no violation.

Regarding point 4 - what is the remark? Which point of the instructions was violated? The act reflects all the necessary information, in accordance with clause 19.15. Regulations 318-P.

Regarding clause 5, please clarify which clause and which instruction this remark is in violation of. The act reflects all the necessary data, in accordance with clause 19.15 of Regulation 318-P.

Sidorova O.V. (signature)

- they may write a memo against you from another department regarding something (and this happens), here a lot depends on the degree of subordination: if this is a higher department, then there is no need to “greyhound”, but if you are in equal conditions, then you can also write something about them when providing an explanatory note.

Branch Manager JSCB "CIGANBANK" (CJSC) in St. Petersburg V.V. Ivanov From the Head of the Department Office sales Sidorova O.V.

Explanatory note

Relatively memo, written by the Deputy Head of the Security Service (SB) of the Bank, E.V. Kozlov, I can explain the following:

  1. This incident occurred because the key was stuck in the lock and would not turn. We also failed to get him out of the castle. I called SB Kozlov E.V. and asked us to help. He, too, could neither pull out the key nor turn it. Then the key broke off altogether and remained “sticking out” in the lock. Then we called office manager I.I. Petrov. who was at that moment on the other side of the city. Petrov I.I. He said that he would solve this problem, in the future he told me the phone number to call, but because... SB were the first to find specialists, but we didn’t call.
  2. Regarding the fact that the safe was not taken into account anywhere, this is not true. Metal safe(cabinet SP-101 (2 locks)) with inv. No. 707 – has been registered with our department since 2007. It was purchased at one time for a client to store the client’s valuables in a safe room. After the termination of the lease agreement, the safe was used by an employee of the cash desk as an individual means of storage, in accordance with from clause 2.8. Regulations No. 318-P, Whereby officials, responsible for the safety of valuables, cashiers carrying out cash transactions, are supplied metal cabinets, safes, closed trolleys or other devices intended for storing money during the working day. Additional requirements (such as certification) mentioned by E.V. Kozlov, as we see, are not provided for in the instructions and we do not report to the Central Bank about individual storage facilities, as E.V. Kozlov erroneously believes. Moreover, he actually offered me yesterday leave money in this safe and don't enter in the vault, but after I categorically refused to do this, the Security Service found specialists in opening safes.
  3. A duplicate of the key that broke is available, but it is not possible to use it, because... The lock itself is broken.
  4. I would like to note that the Security Council has developed a biased attitude towards me personally (which I see from the memo with comments not supported by any regulatory documents And real events, but only personal hostility towards me and I.I. Petrov) although the demands that I make are always only within the framework of official duties and are aimed at strengthening cash discipline and ensuring the safety of the Bank’s cash and valuables.
Sidorova O.V. (signature)

Explanatory letter. Sample. Correct structure, instructions, explanations for writing. How to write the text correctly? Standard form, form. Examples. Template to fill out. (10+)

Explanatory letter. Structure, example, template, sample

The most important:

I advise you to write an explanatory note in as much detail as possible. This provides a number of advantages. 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 issue. Third, 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 is usually undesirable.

Be sure to include the following sections in your explanatory note:

  • A description of what happened.
  • Causes of the incident.
  • Consequences (here you need to show that you understand the consequences of the incident).
  • What needs to be done to minimize the consequences and prevent recurrence (show that the situation has been analyzed, lessons have been learned).

An explanatory note template that I recommended to my employees to use. Examples of filling out sections. Take as a basis, complement and expand. I advise you to write your explanatory statement in detail. This provides a number of advantages. 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 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 is usually undesirable.

It is much more convenient to write an explanatory note 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 tip. In the text, try to adhere to a strictly official style (check out its features at the link), avoid emotional remarks, and use neutral words. What is acceptable in work correspondence may not be acceptable in such a note. If the situation is complex, then emphatic formality may be the best way out.

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[To whom. Position, surname, name, patronymic, person to whom the note is sent]

[From whom. Position, surname, name, patronymic of the person who compiled the explanatory note]

Explanatory letter

The essence of the incident

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 get his bearings 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 case materials No. _______ dated ___________.

For example: 01/10/2009 The virus destroyed the results of two weeks of work of the research group.

The reasons that caused the events to which the note is devoted

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 the malicious actions of criminal elements who forged signatures on payment documents.

For example: The reason for the virus penetration was the use of an unlicensed antivirus software, which is not updated on time and does not receive signatures of new viruses in a timely manner.

Consequences

Assessment of the consequences of the incident or information about the need to conduct a detailed analysis in additional time.

For example: Being late led to a time shift in the preparation of documents. But this did not affect the company's work. The interested departments received the documents on time.

For example: The company may be forced to compensate the client for losses. A decision needs to be made on this issue.

For example: Work results are lost. The deadlines are postponed by a week, which is necessary to repeat the work. The costs of performing the work will increase.

Measures to reduce the consequences and prevent recurrence.

Activities are divided into two groups: steps to minimize damage from a specific event and steps to minimize the likelihood of such events occurring again.

For example: To ensure timely preparation of documents, I stayed late 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 me, 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 end of official working hours. I need this work schedule due to the fact that my family responsibilities include communication with my child's teachers.

For example: Upon the fact of the incident, we contacted law enforcement agencies. A criminal case has been opened. The search for intruders is underway.

To eliminate such incidents, I propose to improve the procedures for verifying customer orders.

For example: Copies of directories are raised. Based on these materials, the results of the work can be restored twice as fast as they were obtained, that is, in a week. Changes have been made to plans and budget. New terms have been agreed with customers.

To eliminate such incidents, a licensed antivirus was purchased.

[Date, signature]

Example - Explanatory note after an inspection by a mystery shopper

To the head of shift No. 3 of gas station sellers, I. I. Ivanov.

from senior seller Petrova I.V.

Explanatory letter

On August 12, 2016, the sellers’ work was checked by a secret buyer. While serving the 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 my work described above.

I understand that polite communication with customers is necessary to ensure that visitors become our regular customers, and informing about promotions helps to better satisfy the needs of visitors and increases our income.

In connection with the incident, I undertake to take the following measures:

  • Make a memo with a list of all the actions that I should perform when communicating with a buyer.
  • Place the reminder in a place where I can see it.
  • Review the instructions each time before starting work.
  • Make timely changes to it when carrying out various promotions.

Petrova I. I. Date, signature

More examples

Real examples from my practice:

  • Explanatory note regarding being late for a key meeting

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Unfortunately, errors are periodically found in articles; they are corrected, articles are supplemented, developed, and new ones are prepared. place (on the train) a juvenile affairs inspector. A protocol was drawn up. IN educational institution require an explanation. Please tell me how to write correctly.

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This happened. Job. Error. “Write an explanatory note!” – pursed lips, a trained, bossy gaze. Such a requirement is fraught with bad and at the same time legal consequences. They can be minimized if you know what the document threatens, how and what to write about, and what to do. It’s good to have before your eyes a sample explanatory note about an error in your work. This article will talk about these things.

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

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

Let's consider the last case.

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


  • comments,
  • reprimand
  • dismissals.

The employer has no right to use other punishments (including fines). At the same time, he can specify in the company’s internal documents the impact of these sanctions on bonuses.

IN work book information about comments and reprimands is not included.

The employer has the right to dismiss an employee (Clause 5 of Article 81 of the Labor Code of the Russian Federation) if he fails to fulfill his job duties without good reason, if he already has an unresolved disciplinary sanction for the same reason. The latter is valid for 1 year.

A disciplinary sanction 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. For facts discovered during an audit, audit or financial inspection, this period is extended to 2 years.

Explanatory letter - component a procedure that can have far-reaching and unpleasant consequences for the employee. They can be reduced if you prepare the document correctly.

To write or not to write

Is it possible to refuse to the authorities and not write an explanatory note? Yes, you can. The employee has this right. The administration's actions to force 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 certificate of refusal. The defendant's signature is not required. The foreclosure procedure 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 have a better understanding of vulnerable places your position.

The process has started

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

An oral request sparks debate among lawyers. One position: in this case, the employee should not be provided with a written explanation. It is necessary to politely insist on a paper version of the demand 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: give an explanation even in the case of an oral request. Argument - if necessary, the employer will easily formalize the demand in writing and submit it to the court.

Softness should not be abused. If the boss cannot clearly say for what violation an explanation is required, then it is necessary to insist on a written request. It is better to do this with a written statement to the employer. It should show the situation in detail (dates, participants, uncertain requirements).

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

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

You shouldn’t 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.

An explanatory note should be written with the expectation that it will eventually end up on the judge’s desk. The author’s goal is to clearly characterize himself as a law-abiding citizen, ready to perform the work provided for employment contract.

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

The text of the note is laconic. Optional information may raise unnecessary questions from management. Jokes and colloquial expressions are inappropriate. The tone of the story is respectful. If the proceedings go to court, the reputation of a boor will not help win the case. The presentation is carried out in chronological order first person.

  • confirm or deny the fact of violation;
  • describe the circumstances of the event (date, time, place), its causes;
  • characterize the guilt: intentional, due to negligence, its absence;
  • bring witnesses;
  • express an opinion on bringing to justice;
  • describe your attitude towards further work.

Reasons for the error

Let's look at common options.

  1. High workload is a consequence of peak workload and understaffing. The explanation is good because it shifts the 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 management jealously guards its infallibility in the distribution of the workload. If the reputation of a lazy troublemaker is undesirable, it is better to find other reasons.
  2. Little experience - works in the case of a young specialist.
  3. Bad feeling- can serve as an excuse. The employee should emphasize that he worked in this state out of concern for the enterprise and the continuation of its rhythmic activities.
  4. Personal, family circumstances - it can help if the reason is serious. You should not abuse this remedy.
  5. Unclearly written, contradictory paragraph job description, allowing for incorrect interpretation. The argument is suitable for use, but it is better to first stock up on a certified copy of this document.

Other participants

If other people were involved in the incident, you should impartially inform what each person did. You should not directly name the culprit. This is the right of management. But it must receive sufficient information to make such a conclusion. You shouldn't lie. IN similar story explanations are written by all participants, and the truth will come out.

Denouement

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

If the employee admits guilt in making a mistake, he must express remorse. It is also necessary to assure management that such incidents will not happen again in the future.

How to compose

Statutory There are no standards for formatting a written explanation. It is enough to observe the minimum general rules 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 side, in a column it is indicated to whom and by whom the document was sent. Recipient – ​​the person who requested the explanation. His position, surname, and initials are given. The employee writes his department, position, full name.

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 handwritten position, personal signature, initials and surname of the employee are affixed. The date the note was written is indicated. The employee has the right to attach documents confirming his information.

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

Example

To the Director of Prod-Service LLC

N.N. Nikolaev

from an accountant

Ivanova Irina Ivanovna

Explanatory letter

On February 12, 2016, I indicated incorrect prices on delivery note No. 331 and invoice No. 434, overstating them by 5%. The buyer therefore refused to accept the goods and it was returned to the warehouse. The error was caused by increased workload on this day. The reason was the absence of accountant E.E. Rakova, who was on leave. I performed the duties of two people. I admit the mistake. Please take into account that Prod-Service LLC had no previous complaints about my work. In the future, I undertake to be more careful when filling out documents.

Accountant I.I. Ivanova