"The woman is created for a man, not a man for a woman" - such a postulate ...
What is an explanatory director and in what cases should it be written? This will be told in this article.
When is the explanatory note written?
It should be immediately noted that the explanatory director is not necessary in all cases. Moreover, in some situations it is desirable and not to write at all. However, such cases are rather an exception to the rules. This happens extremely rare. When and in what cases, the execution of the explanatory note is the necessary procedure, will be described further.
The first and most common cause is an assessment of the respectful of the motives that caused the misdemeanor or the disciplinary offense of the employee. Simply put, the person involved in the labor organization should prove its involvement or an involvement in such an incident with the help of an explanatory note. It is also worth noting that the writing of this document is the most common and official form of the dialogue between the bosses and subordinates.
Guide requires an explanatory note: what to do?
In the company, where something or another works, an emergency occurred, and management demanded that the employees of explanations. Many employees immediately begin to worry and guess whether they should draw up a document or not. Immediately it should be noted: for a constructive dialogue with the boss, the explanatory, of course, is worth it. Moreover, the employee will have some benefits from it. So, first, it will be possible to make the most clearly and clearly state your position. And secondly, the writing of the document will help avoid problems in the future. The fact is that the explanatory director is a kind of defense of oneself, the ability to mitigate or remove the possible imposition of sanctions. If the explanatory does not go to the table within 2 days, the punishment will be complete and inevitable.
Thus, the explanatory document is still worth it regardless of what happened. Developing, causing material damage, improper workplace actions and so on - all this could happen completely by chance. The management makes it possible to explain your actions, and it should not be overlooked.
Which name is the explanatory note written?
Having understood that writing explanatory is a procedure, though not mandatory, but desirable, it is worth moving on to the next question: about its competent design. Unfortunately, most citizens write explanatory not by the rules. Yes, often in many enterprises the design of the document under consideration is not in priority. However, this does not mean that it is possible to draw a note as you like. Director competently and according to the rules? About this next.
The first thing you need to talk about is to write explanatory. Here, it would seem, everything is simple. However, most citizens have problems in the first stage. And these problems are justified: often management is a huge headquarters, and understand who is the immediate boss, is not so simple. However, it is possible to figure it out. To do this, it is necessary to look into a special document, which is called exactly there and should be written, who is the immediate head of the working person.
On the options for writing an explanatory note
How exactly should I write explanatory: on a sheet of paper or on a computer? There are no clear requirements here. The law does not prohibit some of these options. But still it is worth indicating that most enterprises take explanatory, written by hand. It is even more convenient.
Naturally, the text written by the hand should be read. After all, if the management has difficulty identification written, problems may arise.
So, the principal difference in how to make a document, of course not. But if the manual presents some specific requirements, they are, of course, better to perform.
Explanatory Notes: Cap
Printed on the computer The explanatory director should have a certain structure. What should she be? On how to write explanatory to the director will be told further.
On the sheet on the right, it is written on top, to whom the note is addressed and from whom it is. This includes an organization and a division, as well as their own position and initials. Below, the headline is written in the middle: "Explanatory note".
Often, management requires paperwork in accordance with all possible and impossible norms. Persons having such a bosses should take note of the following rule: the hat is written entirely, without any spaces. Below is a sample explanatory director. An example of faithful and incorrect design is shown clearly.
The rules for registration of the explanatory note: the main part
After registration of the header, it is worth noting for writing the main part of the document. What exactly can you advise? Explanatory in the name of the director should be brief, concise and understandable to read. It is worth specifying the date of events, all the necessary names and surnames, and also relatively described the causes of what happened.
What should not be done in any case? First, writing a lie. Your own guide is not worth it. Sooner or later, the truth still can emerge. Secondly, it is impossible to use an abnormative vocabulary and different kind of inappropriate words. The style should be purely business and official. Absolutely every person, regardless of his position, should be able to be skillfully and competently compiled explanatory to the director.
Further actions with the explanatory note
With how to write explanatory in the name of the director, it is not so difficult to figure out. Next, it should be understood where and in which instances it is necessary to send a compiled document.
As already mentioned, the employee has only two days to make up and send an explanatory note to the authorities. Otherwise, the employer will be able to impose a full written note on a specialist, the employee gives it to the appropriate instance. To learn about where exactly, you can from special local acts.
Employee is preferably writing explanatory in two copies. It is necessary that in the future there are no complaints about the fact that the specialist submitted the document is not on time. After all, it is often explanatory to reach the authorities for a very long time. If the manager was not satisfied with the testimony of the employee and imposed full responsibility on a specialist, the problem should be solved at a completely different level - by direct dialogue. It is also worth noting Article 193 of the Labor Code of the Russian Federation, in which all the necessary information about such a thing as explanatory to the director is given.
Article 193 of the Labor Code of the Russian Federation: general characteristics
Contains the law and other valuable information. For example, that the bosses cannot impose responsibility to the employee six months after what has happened, as well as impose several types of recovery at once for one offense.
About writing an explanatory note to the educational institution
An explanatory note by the Director of the Educational Institution is drawn up, as a rule, directly by the participant of the educational process. There are no common clear requirements here either. Again, each separately taken educational institution is able to put forward its individual requirements for the design of the document.
Explanatory in the name of the School Director is about the same way as explanatory to workers. The cap should be on the right above, and the main part must be brief and concise. There are no special differences in the types of explanatory. It does not matter whether it is delayed, for disrupting the discipline or for anything else.
The statement that the work has work does not mean that communication in the team should be based exclusively on the exchange of papers. Oh neither twist, most of the information we still learn from conversations with colleagues. But there is in the life of the team and such situations in which without "official" can not do. Then there will be no lengthy narrations on the abstract theme, the authorities will make only a specific explanation of the reasons. On how to write an explanatory note to work, as well as about all the nuances of this question later.
Normative base
The form of explanatory is often found in everyday life, even if what is happening away from the working problems. As for relations in the labor collective, they are based primarily on the norms of the Labor Code. Such a type of document, as an explanatory note to work, is found in the TK RF several times:
- Article 193, as a mandatory stage, before applying or refusing to disciplinary recovery for offense (forging, late, damage property, an official misunderstanding);
- Article 229.2, as one of the evidence, in the investigation of injuries or other misfortunes in the workplace;
- Article 247, as a basis for establishing the degree of guilt in causing material or intangible damage to the enterprise.
In all cases, the Code suggests that the explanatory note to work should be filed in writing. The exception was made only for remote employees, they can submit it in the form of an electronic document with a digital signature, Art. 312.1 TC.
Types of explanatory notes
It is difficult to list all the many circumstances for which the bosses may have questions. Basically, they concern the facts of violation of the internal labor regulation or non-standard incidents. Here are the most common reasons to demand an explanation:
- The established fact of the absence at work all day or part of it is total exceeding 4 hours (it must be said that the explanatory note is obligatory to exterminate the employer, if, according to its consideration, it is planned to make or dismissal);
- Late to the beginning of the day or with a lunch break;
- Official misconduct, error in the work or failure of duties;
- Actions or inaction in a difficult situation, intentional ignoring labor protection requirements;
- The use of alcohol in the workplace or the appearance there in the abrupt form;
- Any other act of an employee, in which, according to the bosses, he should justify his behavior.
Since the law does not establish the regulated template of the explanatory note to work, a free form can be used in each individual situation. If only she revealed all the details of what happened and was clear to the employer or verifier. It is not bad to attach a copy of the document confirming everything written to it. It is clear that to the explanatory note, when the worker slept to work, there is nothing to attach, but if the lateness occurred on a more valid reason, it is better to take care of protecting paper.
Before making an order of disciplinary recovery, it is necessary to require an employee outlined on paper an explanation, art. 193 TC.
Terms of transfer of notes
Most often, the written justification requires an employee who want to recover in the form of a spontaneous or, worse, dismissal. It is clear that article 193 of the TC offers the employer to always take into account the seriousness of the offense and the severity of the consequences, but the empirical indicators does not describe such an assessment. Since the primary decision will be taken by the head, in its own way asking the facts outlined by the employee, then the employee itself, before writing an explanatory note at work, it is better to consider each written phrase.
If the severity of the planned recovery comes to sprawling or dismissal, the employer should know what steps and what time it is necessary to undertake not to bring inspections and courts:
- To inactivate the fact of misconduct.
- Hand the employee under the signature requirement to write an explanation.
- Report that he has two business days for the provision of explanations, not counting the day of delivery and weekends.
- Several times from the date of detection of the offense to issue an order for the use of punishment, regardless of the fact of obtaining explanations from the employee.
The employee itself, who gained the requirement of the authorities, is better not to ignore this document, even if he does not consider himself guilty. You need to answer the lunge of the manual, it will be prompt and fully, it will give a serious advantage when contacting the labor inspector or to court.
Registration of notes
If complications with the authorities passed into the plane of the recovery of a written justification, then he should not be merged. For those who have never come across such documents, you can take a template of any application for a sample for an explanatory note to work. "Cap", in which the recipient of the paper is indicated, leave unchanged, and the title change to the word "explanatory".
In the "body" of the document you need to paint all that prevented the employee in a timely manner and correctly fulfill your work responsibilities. And at least the list of compilation should be the most business, the formal approach is not a place. Especially if the established circumstances are far from standard. At the same time, the employee should restrain his impulses and emotions so that the document reflects the events and causes, and not complaints and empty charges.
It may happen that the situation is simple and also uncomplicated her explanation, and the estimated punishment is not stricter comments (Art. 192 TC). Then you can contact our personnel and ask them an example of someone previously written explanatory note to work.
Lack and late
Despite the actively promoted idea that employees who did not comply with the rigid schedule work better, at most modern enterprises, the time to work on work and its remaining is strictly regulated. That is why the explanatory note due to finding a job is one of the most common documents in personnel personnel.
Lateness, including due to transport
In itself, late if it is not systematic or has not exceeded 4 hours from the beginning of the working day, it cannot become a basis for serious penalty. But the company may act as an explanatory note, even with a single delay along the path to the workplace. This can be done, for example, for prevention or in educational purposes.
It is not so rarely to hear about the use of fines for such misconduct. The law does not establish the possibilities of such an impact on employees, Art. 192 TC. Rather, it will be about the deprivation of an employee subjected to disciplinary recovery, all types of incentive payments or a decrease in their magnitude. Although this will seem violation of the requirements of Art. 193 TC (on the possibility of using only one type of punishment), many courts do not consider the fact of deprivation of a premium by disciplinary recovery. It is possible to challenge this only if incentive payments were deprived at all for a single violation, then punishment can be calculated excessive.
A separate story, being late for work due to transport. In this case, the explanatory note will look more convincing if you attach confirmation documents to it. They can be given:
- In the traffic police service, if a person got into an accident or became his witness;
- In the hospital, if the employee himself received damage as a result of a transport accident;
- In the police, if a person stayed in place to give testimony.
But even if late did not have such dramatic consequences, but it became a consequence of the usual "traffic jam", in the explanatory note to work, it is necessary to mention it. If such situations have not logged in, then the likelihood that the employer will enter the situation, increases at times. An example of a statement form can be on our website.
The reason for dismissal may become a single gross disorder of the discipline (for example), art. 81 TC.
Explanation of the lack of workplace
The lack of in the workplace for more than 4 hours within one day, may regard how to walk. Especially if the employee does not figure out to inform the boss on the reasons in advance, or as soon as it turns out that the work will have to miss. In this case, all the power of persuasion will have to show when writing an explanatory note to work on the absence or an appearance with a multi-hour delay.
The reasons for such skip can be very diverse. For example, a visit to the doctor, urgent help to a sick relative, utility problems (flooding, closure, jamming of locks, refusal to work the elevator, etc.). That from this will cause the greatest sympathy from the employer, more visible to the worker himself. That is why, still sitting in a de-energized elevator, you need to decide how the explanatory note on the nebid to work will look, and how it will be supported.
It is also worth a hard to think about it and because the ruling is considered a gross disorder of the labor regulation, and it can be dismissed because of it without preliminary suggestions, Art. 81 TC, subparagraph 6 a). Sample explanatory for the row can be on our website.
For family reasons
The most unsteady starting position for those who missed working hours. Since the employee managed to leave without permission, the explanatory note to work should contain the most convincing reasons.
The need to go early from work more often appears from family employees with children of school or preschool age. Meetings, receiving certificates from the clinic or passing surveys, troubleshooting is far from a complete set of reasons in order to consult the employer.
But what to do if it was not possible to negotiate in advance, and the secret escape was not a secret left? In this embodiment, the advantage will be on the side of lonely or large parents, pregnant women or mothers raising children with their health capabilities. Most likely, they will not punish them, of course, if it did not switch to the system, and before writing an explanatory note, at work they will hold an educational conversation and will give sign a standard warning sample. Sample explanatory - such as in the case of anybow. You will have to specify your family circumstance.
Errors in work or other reasons
As a rule, a conscious employee rechecks all the actions performed at work. This forced need is dictated by the fact that the constant repetition of monotonous tasks inevitably entails the emergence of serious or minor shortcomings. Well, if a specialist himself revealed them, worse if the mistake became the public domain. Depending on the severity of the consequences of this incident, the manual may insist on the provision of an explanatory note about the error.
Excuse's reasons
This requirement can be dictated not so much the rigor of the authorities as the need for actions to eliminate the consequences of the subordinate production factor. It is possible that the material damage for the company will become one of them. Then, according to the results of consideration of explanatory, a decision will be made to recover financial losses from an employee or a method for restoring damaged property.
Of course, the cause of the error may be elementary inattention or negligence. For example, by scattered, the employee did not print on the primary financial document. Then the explanatory note to work is likely to end the phrase about the recognition of guilt and the promise to continue to be more careful.
An explanation of the refusal to perform work should be supported by the contract on hiring or data on adverse working conditions. This will avoid punishment under Art. 192 TC.
Note on the non-fulfillment of official duties
An ambiguous may be the situation in which the employee does not fulfill its labor functions. Here are two options for the development of events.
The boss found an employee at the time of explicit ignoring work entrusted to him. Perhaps he is engaged in abstract affairs or simply fell asleep at work, then a person will need an explanatory note with apologies and a proposal to correct the situation.
It is more difficult to conclude in the case when the employee cannot fulfill his duties or believes that it is forced to fulfill the work not provided for by its contract. Both frees it from disciplinary responsibility. The main thing for the employee, know how to properly write an explanatory note on the current situation at work. Check out the sample on our website ().
First of all, you need to understand that it is possible to refuse to work without work if:
If the report on this topic did not make the authorities to change the position and from the employee continue to make unlawful requirements, then the explanatory note to work with the description of the same reasons for non-performance of obligations will already be needed for the Labor Inspectorate or Court. It should be remembered that the refusal of "superfluous" work does not exempt from the fulfillment of the main responsibilities, and the absence of protected working conditions does not allow to leave the workplace.
The boss did not accept a note
Not all misconduct or conflicts in the team reach the documentary. Usually before writing an explanatory note at work, the oral part passes. If the conversations do not lead to anything, the formal paper sharing phase begins.
This is where the situation may develop when the employer does not want to receive an explanatory note based on the sample. For example, about being late for work for valid reasons or reasonable abandonment of continuing work before eliminating violations.
What is argued by such reluctance and how morally the motives of the actions of the leadership will remain on their conscience. An employee who received the requirement to provide a written explanation should be handed over to anything. And, at the same time, do not forget about the signature on the second instance. Otherwise, the employer will have a reason to comprehend the act of refusing to clarify the causes of their behavior.
If you personally do not work in person to personally, you must immediately go to the mail and send it to a letter with the description and notice. And at the same time, you can notify the trade union and commission to solve labor disputes. Of course, this is relevant if the conflict comes too far, and illegal dismissal on the horizon.
Anyone, even the most blatant, employee misdeeze, is quite possible, has a "iron" justification. That is why, before adopting the cardinal measures, the Labor Code prescribes the employer to receive a document from the employee explaining its actions. It is worthwhile to remember that the guarantee of his protection will be only special respect for the reasons confirmed by documents. But even in such a situation, it is not worth the passage of work or late "on the flow". After all, then the authorities will have an extra reason to remind that to solve personal problems there is a free time from work.
Lawyer of the Board of Legal Protection. Specializes in the conduct of affiliates related to labor disputes. Protection in court, preparation of claims and other regulatory documents into regulatory authorities.
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. A serious approach will help to avoid further misunderstandings and disciplinary measures. This article will help you. We learn how to write an explanatory note that there are types and presented 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 under the explanatory note, it is necessary to understand the special business paper, which is drawn up for the extension of the explanation on certain provisions of the main document (plan, report, project) or comments on the causes of any fact, events or a deed.
A large number of variations and variations of this document can be divided into two groups.
Types of explanatory notes
- Accompanying the main document or giving explanations on individual provisions.
- Explanatory notes about any incident, deeds that have established situations and behavior of individual employees of the organization. This is the most common type of document compiled by the organization's employees at the request of a direct or higher-level leader. They relate to relations arising in the process of labor and production activities. As a rule, the explanatory note by the director is written in connection with the emergence of an abnormal situation, a violation of labor and (or) production discipline, disciplinary misconduct and violations, etc. In these cases, the employer is obliged to request it from an 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 note (sample below) is an integral part of the process of attracting an employee to disciplinary responsibility.
Registration of an explanatory note
For the first type of documentation, printing in print is a mandatory requirement, for the second, let's say handwritten text on a standard sheet of paper A4 format. About how to write an explanatory note and what to specify in it should everyone know, because in practice it is found very often. No matter how an exemplary employee you are, there are different situations, and no one is insured against them. The structure of the explanatory note includes the following mandatory items:
- requisites of the addressee;
- name of the document, indication of the species;
- text title (begins with the pretext of "O (OB) ...");
- main text;
- document writing document;
- personal signature.
The explanatory note (sample is given below) in the meaningful part should reflect objective data on events and concrete facts, to give clear explanations. The main text reflects the personal position of the employee in the current situation, its attitude towards perfect misdeed and consequences. If the employee recognizes his fault in the misdeeding, he can reflect it in a substantive part, pointing to his repentance in the deed, and promise no longer repeat it in the future. If he considers himself innocent, that is, the opportunity to express his point of view and provide his arguments and necessary evidence.
Summing up, we can say that the explanatory note is an example of how an employee can secure himself in the presence of a controversial situation. Its explanations essentially contribute to an objective assessment by the employer of a certain fact and allow you to identify all the circumstances of the perfect misdeed, and if necessary, choose a fair measure of disciplinary recovery.
Notification of the employee about the dacha explanation
As already mentioned, the employer is obliged to request a written explanation from his employee before applying disciplinary recovery (Article 193 of the Labor Code of the Russian Federation). In addition, the deadlines to which the explanation should be given - two working days. Based on the fact that a certain time is given to the legislator, the employer must fix the date when he asked his employee to provide a note. There is no compulsory requirement about this, but from a practical point of view, such a document will be worth it. First, this is the starting date, and secondly, the documentary confirmation that the rights of the employee were not violated. We give the example below so that it was clear what should be in it indicated and how to write. An explanatory note is requested on the letter for the letter with the signature of the representative from the employer, whose competences to carry out disciplinary recovery. As a rule, this is a leader or a person who delegated these powers.
Example of notifications
Deputy Chief Doctor
Kukushku R.R.
About the provision of a written explanation
In connection with the inappropriate execution of your employment duties, which expressed in the absence of a workplace in the period from 12/21/14 to 12/23/14, I ask you to provide a written explanation on this fact to the personnel department until 18:00 on January 26, 2014.
Chief Doctor (Signature) Sorokin P.P.
Notice received 24.01.2014
Deputy Chief Doctor (signature) Kukushkin R.R.
A situation may well arise when an employee refuses to receive and sign such a document, and the explanatory note to work is written with a delay when it is already impossible to apply a measure of disciplinary recovery and have come out. In this case, it may be the next way out - to present a notification by the Commission, that is, in the presence of a direct supervisor, a representative from the trade union, legal adviser of the organization and other interested parties. If there was a refusal, then it is worth making an act with signatures of anyone who was present. In this way, you confirm compliance with the provisions of Art. 193 TK RF.
Explanatory note (sample) to work: Example number 1
Most often there are situations associated with strip or finding to work.
Commander of the military unit 65487
Colonel Sidorov S.S.
From employee of the Ministry of Defense of the Russian Federation, the clerk
Volkova R.L.
Explanatory letter
I, Volkov Roman Lvovich, May 16, 2014, was late for work for 4 hours. Essentially the current situation can clarify the following. This morning, during my stay to work on your own car, I witnessed an accident. In this regard, it was forced to testify to the traffic police officers. It took a lot of time. I make a copy of the protocol as a proof and acknowledgment of the traffic police inspector of Eagle P.P.
Example number 2.
Director of the store "Sail"
M. M. M.
From the head of the warehouse
Smorodintseva S.S.
Explanatory letter
I, Smorodintseva Sofia Semenovna, on December 30, 2014, was late for 2 hours. The fact is that on the day before I bought new clock with alarm clock. I didn't fully understand the mechanism, I missed the timer and slept for one hour. Aware of your mistake. I promise that this will not happen again anymore.
Explanatory error note: Example
This type of document is also found quite often. Errors can be of various kinds relating to practical activities, design documentation, etc. In this case, the situation is considered with the non-fulfillment of the work plan.
Director of Much Money LLC
Monetkina ld
From the main specialist with a paper R.M.
Explanatory letter
On the non-compliance of the plan for September 2014
I, Monetkina Lyudmila Denisovna, analyzing the current situation associated with the failure to comply with the conclusion of credit contracts, explaining the following. The problem is related to the lack of employees, since in the month two specialists were dismissed, nobody accepted to replace them. Two remaining employees do not cope with the scope of work, although they work above the norm.
Drawing up an act of non-submission by an employee of an explanatory note
If, after the expiration date, the explanatory note (example above) was not provided with an employee, then in accordance with this article of the Labor Code of the Russian Federation, the employer must compile a special act. True, the legislator does not indicate who specifically from employees should do this, in what time frames and whether the employee has to familiarize themselves with him. 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 is necessary to compile it collegially, it will be advisable to attract those employees what was present in the help of a notice of notification of the requirement to provide an explanatory note. It is written on a shared form and may have a view submitted below.
Sample Akt
On failure to provide an employee of a written explanation in connection with the commission of disciplinary misconduct
By me, head of the personnel department of the Queen E.E., in the presence of the chief accountant Ivanovo N.N. and economist Puttsova R.I. This act is drawn up on the following:
07/06/2014 Accountant Petrova I.I. It was proposed in accordance with Article 193 of the Labor Code of the Russian Federation to provide 09.07.2014 a written explanation for the disciplinary misdement committed by it, which manifested in the absence of a workplace within 6 hours in a row. Petrova I.I. At the prescribed period, this did not, saying that he had already given an oral explanation and nothing was going to write anymore.
This Act is compiled in two copies.
/ Signature / Queen E.E.
/ Signature / Ivanova N.N.
/ Signature / singers R.I.
The act of act received:
/ Signature / Petrova I.I.
Do not regard the refusal to write an explanatory note as a new disciplinary offense, because this is the exclusive right of the employee, and not a duty. And this act, the employer only confirms that all the rules of the law were observed.
Differences of the explanatory note from the report and service
Do not confuse three of these concepts. We have already figured out the first. Knowing how to write an explanatory note, you can easily cope with the rest. Let's tell me briefly. The memorable note is inverse. The purpose of her writing is to inform the leadership of the established situation, the situation, the facts that had a place to be, that is, to motivate any actions.
The service note implies the transfer of certain information on the "horizontal" branch of the control, that is, from one leader to another, an employee of one department for another employee, etc. As a rule, they relate to material and technical, organizational, economic and other issues. In essence, this is a business correspondence.
How to write an explanatory note (sample or example) can be easily found on the network. There is no single form, but there are certain requirements for which we indicated. You can use and redo the examples of "for yourself" without difficulty.
Explanatory note (sample) Represents a document reference or informational. In accordance with the provisions of the TC, before making a decision to attract an employee, an explanation of the employee should be taken from it in writing.Conditionally, the document can wear an explanatory and acquittable nature, in each particular case, one or another its appearance is used. Explanatory acquittal is issued in the case when the employee unconditionally agrees with the commission of negative action. An explanatory note is compiled when it is necessary to explain the conditions of the perfect offense.
The explanatory note may be required under different circumstances arising in the workplace for further submission to its superior official. A document is drawn up by order of the latter or at the initiative of the employee in order to obtain objective information on the allowed misdemeanor.
Explanatory note contains an indication on:
An explanatory note is drawn up on paper on the name of the person who requested it. Its mandatory forms is not provided by the legislator, but in a number of companies a typical forms of such a document have been developed.
Important
An employee has the right to refuse to write explanatory, while providing the refusal to the employer in writing, which is not entitled to legal consequences.
Act of refusal to write an explanatory note
It should be reflected in it:
- name (an act of refusal to write explanatory);
- employee data ("refusal"), indicating its initials, positions, enterprise / organization names;
- data on persons (at least 2) present in the compilation of the act with an indication of their names and positions;
- a description of the situation that has become the basis for the requirement of an explanation from the employee of the violator with reference to the Article TC RF;
- other information, for example, when an employee is given an explanation of his refusal to write a note, this fact requires reflection in the act;
- document preparation date;
- signature of the person who made it.
On writing an explanatory employee is given 2 days (workers), otherwise the said act of refusal is drawn up, on the basis of which the measures of disciplinary effects can be applied.
How to write an explanatory note
Do not everyone know how to write an explanatory note in the case of the assumption of disorders of the employment regulation, non-fulfillment of the working task, manual orders, etc., although special standards are not provided for it.
How to write an explanatory note? To do this, be guided by certain rules, including:
- writing a document from the 1st person;
- compliance with business style presentation;
- briefness, logicality, accuracy, sequence of outlined information.
An explanation is assigned by a personal signature of an employee who made misconduct, and the writing date is such. At its foundation, the head must decide on imposing or in refusal.
On specialized sites, you can find an example of an explanatory note or download its sample to which you can navigate when drawing up a document.
The information set out in it often avoids the imposition of disciplinary recovery.
It is useful to know what if you decide to quit?
Explanation of various situations
Explanatory note about late to work, sample
For example, the explanatory note on the work is issued as follows:
- In the upper corner, the initials of the official are indicated to whose address it is directed.
- Here, the following is the employee's data that gives an explanation (his name, position).
- The center is written in the center (explanatory note).
- Further outlines the necessary information about the situation requiring an explanation, the reason for the late arrival of work is indicated.
- At the bottom of the document is affixed by the date of his writing and personal signature of the employee.
Then the explanatory note on the delay in work is transferred for further consideration by the head (another authorized officer), which should impose its resolution regarding further actions for the perpetrator.
Sometimes an employee needs to explain non-fulfillment or incomplete execution of duties assigned to him by the job description.
In art. 193 of the Labor Code of the Russian Federation it is said that before applying a disciplinary recovery, the employer must request a written explanation from the employee. If after two working days the specified explanation by the employee is not provided, then the corresponding act is drawn up. Not the provision of an employee's explanation is not an obstacle to the use of disciplinary recovery.
What follows from this?
- Explanatory you can claim only Employer, not anyone who is not lazy (for example, the head of the department or the auditor does not have the right to do this).
- If the employer requested an explanation from you, then it is better to write it better, and there are nuances here:
— Do not write wrongbecause There is a high probability that they can check the information, and then, to your violation, you will also be asleep and in lies ... and this is bad.
— do not blame all your colleagues - The employer will definitely claim an explanation also from them, as a result you will not only not be excuseable, but also additionally cater for enemies + can emerge any other violations.
— do not write "I did not teach me ..." - When taking a job, you signed an official instruction (by the way, before writing any explanatory, do not be lazy to re-read it), where, as a rule, everyone is taken into account, including self-study and adherence to all sorts of instructions. Not knowledge, as you know, does not release ... the employer and in this case will require the explanatory already from your manager (who did not teach), and ... - Here, see the previous paragraph.
An explanatory note is better to write with reference to the duties specified in your official, on instructional materials (they say, probably did not really try). If you really want to blame someone, then you can write that, probably, the sou-sides of the one and that one has developed a biased attitude, etc. There is also a trick in the name of the document, that is, not "explanatory", but the "explanatory note".
If the violation is obvious, it is better to refer to poor well-being, a large stream of customers. Then at the end it is necessary to write that they recognize your mistake, henceforth undertake to prevent such situations.
Form, the explanatory note template includes mandatory details:
- name of company;
- an indication of an official to which the note is drawn, his name;
- from whom
- the name of the document is "explanatory note";
- title to the text ("regarding ...", "relatively ...");
- explanation text;
- compiler, his signature.
Depending on the type of violation, the employer may request a written explanation:
— on the fact of disruption of labor discipline: Developing, lack in the workplace (more than 4 hours), the appearance in the workplace in a drunk (for the latter they can quit at once!).
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Manager
Akb "Tsyganbank" (CJSC)
in St. Petersburg
V.V. Ivanovo.
From controller-cashier department
Office sales
Sidorova O.V.
Explanatory On the fact of refinement 11.03.13. To work for 14 minutes I can explain the following: The lateness was made possible due to the lack of land transport in this morning from the metro station "Sennaya" very long, as a result of which waiting at the stop was 20 minutes. In hencefight, I am not bonding to work not to be late (or report on the phone about possible late in connection with transport delay or because of other emergency circumstances), as well as work 14 minutes today at your lunchtime. Sidorova O.V. (signature) |
— on the fact of the violations of violations during checks, revisions, when performing operations: After conducting the inspections, an act is drawn up with a description of the discrepancies identified by the requirements of regulatory documents, where a specific point in the instructions that you broke were specified!
No need to think that checking / auditors / auditors - gods, they are the same people as we with you, and the acts of inspections often make up, copying them from the previous ones, without even making sure the relevance of regulatory documents at the time of verification (violations Simplicate). There were cases when in violation they tried to put what was already canceled for a long time, therefore, each item, which "implies" to you, not be lazy, and first find in the instructions / position / contract / official, in order to make sure that the violation at all took place be. If there are no references to the items of regulatory documents, then there are no violations.
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Manager
Akb "Tsyganbank" (CJSC)
in St. Petersburg
V.V. Ivanovo.
From the boss
Office Sales Department
Sidorova O.V.
Explanatory Upon the fact of the identified violations during the inspection of the organization's office in the office of office sales, I can explain the following: According to clause 1 - verification of these additional offices was scheduled for December 2013, there are no violations here. According to paragraph 2 - the act of revision was on approval at the head of the branch, therefore was absent in the folder at the time of the inspection. According to p. 3 - in accordance with p.19.13. The provisions of 318-P is the composition of the commission created for conducting an audit of cash, checking the procedure for conducting cash transactions, is established by the ownership document of the credit institution. The specified commission should not be involved in the employees performing operations with audited cash speakers. Head of the cash circulation department and the headquarters department / cash register department are employees of the cash circulation department and officials responsible for the safety of values \u200b\u200bin branch Storage Akb "Tsyganbank" (CJSC) in the city of Ukraine, and, accordingly, could not carry out operations with audited cash in cash in an additional office number 1. they are are not the staff of this unit - Up to No. 1, like all others to the branch, structurally part of the Office Sales Department of the branch. There was no violation. According to p. 4 - what is the remark? What point out the instruction is broken? The act reflects all the necessary information, in accordance with paragraph 19.15. Provisions 318-p. According to clause 5 - please explain, in violation of which point and what instruction this remark. The act reflects all the necessary data, in accordance with paragraph 19.15 of the provisions of 318-p. Sidorova O.V. (signature) |
- You can make a service note from another unit on the fact of something (and it happens)Here much depends on the degree of subordination: if it is a higher division, then "Borziet" is not worth it, and if you are in equal terms, then you can write something on them to be explanatory too.
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Managing branch
Akb "Tsyganbank" (CJSC)
in St. Petersburg
V.V. Ivanovo.
From the head of the department
Office sales
Sidorova O.V.
Explanatory note Regarding the service note, written by the Deputy Head of the Security Service (Sat) of Kozlov E.V., I can clarify the following:
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