Explanatory document. Explanatory note

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

Document Fragment

Labor Code of the Russian Federation. Article 193 "Procedure for the application of disciplinary sanctions"

Before applying a disciplinary sanction, the employer must request a written explanation from the employee. If, after two working days, the specified explanation is not provided by the employee, then an appropriate act is drawn up.

The employee's failure to provide an explanation is not an obstacle to the application of a disciplinary sanction.

A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of the employee’s illness, his stay on vacation, as well as the time required to take into account the opinion representative body workers.

A disciplinary sanction may not be applied later than six months from the day the misconduct was committed, and based on the results of an audit, audit of financial and economic activities or an audit, later than two years from the day it was committed. The above time limits do not include the time of criminal proceedings.

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

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

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

But explanatory notes can also be drawn up for other reasons, although the aspect of the “need to justify” is preserved (after all, in other cases, service and memos are used). For example, in the course of investigating the circumstances of causing damage to the property of the employer and determining its amount under Art. 247 of the Labor Code of the Russian Federation.

Requesting written explanations

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

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

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

Written request for an explanation from the employee

The text of the demand for explanations from the employee about the reasons for absence from work and signature

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

Suppose a worker negligently damaged the property of the employer on Monday 09/01/2014, there were witnesses to this and an act was drawn up on the same day. On September 2, 2014, the worker was required to give written explanations. We start counting from the next day:

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

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

So that a conscientious employee does not get confused in the calculation of this period, it is better to immediately indicate in the requirement a specific date by which an explanatory note must be provided. Here you can add a specific unit / official to whom it should be given (see the second paragraph of the text of the requirement from Example 1). The addressee of the explanatory note (in whose name it is drawn up, for example, CEO) and the person to whom it should be given (for example, the secretary or the head of personnel department), most likely, will be different people.

If the employee really had good reasons for the behavior that the employer did not like, and in general they are adequate people, then you should not be afraid of an explanatory note - she will defend the "accused". Then you do not need to wait for a written request from the employer. According to his verbal wish, it is better to immediately draw up explanatory note, attaching to it the maximum evidence of his innocence. Not only official documents will do, even a printout from a news site about interruptions in the operation of the metro line, through which a latecomer gets to work, will do. If there is a conflict between employees, then a well-written explanatory note can even “drag” the management to the side of its author.

In whose name is the explanatory note written?

To accurately answer this question, you need to look at the Internal Labor Regulations, which should be in force in every organization. Most likely, it says that the employee reports to his immediate supervisor and CEO. Then the explanatory note, in which case the employee will write in the name of either his boss or the general director.

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

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

By hand or on a computer?

The law does not oblige to write explanatory notes by hand, they can be typed on a computer. But experienced personnel officers demand explanations from employees, written only with their own hands. In the event of a labor dispute, this will help the employer protect against misconduct by an employee who may claim that he was “forced” to sign a text already drawn up by someone.

The minimum required composition of handwritten elements, inscribed by the employee’s hand on an explanatory note, is as follows:

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

It is impossible to confine oneself only to a handwritten personal stroke, because some signatures are not able to be unambiguously identified by handwriting examination as belonging to a certain person. And for whole words (in positions and surnames), this can definitely be done.

Details of the explanatory note

The form of the explanatory note is relatively free. No one requires an employee to have a thorough knowledge of the standards for paperwork, and compliance with the necessary minimum is enough.

At the top, on the right side of the sheet, information is written in a column about to whom and by whom the explanatory note is addressed. The employee must indicate his structural unit, position, as well as full last name, First and middle name. The name of the type of document - an explanatory note - is written in the center, a few lines later (usually with capital letter or only capital letters, as shown in Example 4). Example 5 shows an outdated version, where the name of the document type is written entirely in small letters and followed by a dot, i.e. the whole "cap" as if could be read in a single sentence; such design options used to be found in applications.

"Header" of the explanatory note

An outdated version of the "cap" of the explanatory note

Circumstances are different, and it is incorrect to demand brevity from an employee in an explanatory note. A note can take up several sheets of paper, contain direct speech and read like a good detective, or it can consist of one line. The employer has no right to limit the employee in such "creativity".

No one expects conclusions and suggestions from the employee in the explanatory, although it will not work to forbid him to include them.

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

Marking the presence of applications

An explanatory note has been drawn up. What to do next?

The employer, having received an explanatory note, affixes a registration incoming number document and - without fail - the date of receipt.

According to Art. 193 of the Labor Code of the Russian Federation, to which we referred at the beginning, the employee has 2 working days to write an explanatory note. If, after this time, the employee does not provide explanations, the employer has the right to draw up an appropriate act about this. In order to insure against illegal actions on the part of the employer, it is better for the employee to register his explanatory note at the office or with the secretary with an appropriate mark on the document, and then take a copy of the explanatory note with this mark. Another option: the employee can write an explanatory note in 2 copies, and one of them, after putting a mark on admission, keep it. Then no one will be able to say that the employee did not provide written explanations within the period established by law.

An explanatory note is a document outlining the explanation of the causal nature of the conflict situation that has arisen, the events (facts) regarding which the management is conducting research, investigation, observation or clarification.

For correct spelling of an explanatory note, certain rules must be observed, and the content of the note itself is not provided for by law and is arbitrary. How to write an explanatory note competently and with the least characteristic consequences for yourself?

Making an explanatory note

To write an explanatory note, you must comply with the following formalities:

1. In the header, indicate the position and full name of the head to whom this explanatory note is addressed, as well as your full name and position; further, in the center of the sheet, the phrase “Explanatory note” and the actual text of the explanations are written; at the end of the text, the date and signature of the person who wrote the explanatory note is put.
2. It is advisable to type an explanatory note on a computer in order to avoid misinterpretation of your handwriting. The volume of the written text should be concise, small and fit on about half of a standard sheet. If the conflict is of a rather serious nature, then you need to contact professional lawyer for help in preparing this type of document.
3. The text of the explanatory note should not be chaotic, it is desirable to write it consistently, clearly and concisely. You should start by describing the situation, indicating all the circumstances, all participants in the event, as well as the time and date of what happened as accurately as possible, which can even return your good name in the future if the incident was not your fault. Then you need to write down the reasons preceding the violation (incident), explain your behavior, justifying it with arguments and backing it up with facts.

Features of compiling an explanatory note

According to the Law (Article 193 of the Labor Code of the Russian Federation), only the employer and no one else, such as the head of the department, the auditor and others, have the right to demand that you write an explanatory note. The employee may refuse to write explanations, then an appropriate act is drawn up, but still it is better to write a note with explanations, and there are small nuances here:

• it is better to write the truth, since what is written can and will be checked, and being caught in a lie does not help to improve the situation. And of course, lying can make things worse and increase your punishment;
• do not rush to blame your employees for everything, because, most likely, they will also be required to explain, and enemies and ill-wishers in a conflict situation are even more unnecessary;
• do not refer to any incompetence or unprofessionalism (you signed job description, which means that they confirmed their compliance with it). On the contrary, write explanations, referring specifically to the instructional material and job responsibilities, while stipulating that you incorrectly interpreted the concepts and terms set out there for some reason;
• if your fault is obvious, then it is better to refer to external factors, for example, to feel unwell, to be very busy, to be very tired, and more, and at the end to admit your mistake or guilt, while promising to try to prevent the recurrence of such situations;
• there are cases when explanations are required and unreasonable, then it is imperative to find and provide arguments for the unfoundedness of the accusations against you. Legal documents and instructional material (orders, acts, contracts, instructions, regulations, and so on) can help you with this.

Explanatory notes have another cardinally distinctive function that should not be confused with the above - to explain the content of other documents. Typically, such explanatory notes are attached to scientific work- to diplomas in technical higher educational institutions, to scientific projects, to research materials, to reports, to government standards, and so on.

In life, an unforeseen situation may arise in which you cannot do without it. But how to arrange it correctly? In this article, we will consider exactly how the attributes must certainly be reflected in this business document, and we will also touch on the basic rules for filling out explanatory notes.

Explanatory note is a document

An explanatory note is a business document in which explanations of all participants in the conflict are collected. However, it should be understood that this document is not the basis for a request for guidance. It will simply reflect the essence of the problem.

Usually they ask for an explanatory note, violation of working discipline, etc. But at the same time, many never even thought about how to write an explanatory note correctly. To understand this issue, you can go in 2 ways:

1. In the search engine, ask the query "how to write an explanatory note" and choose the most appropriate option (in your opinion)
2. Study this article and get information on the correctness of compiling an explanatory note for all occasions

Please note that when compiling an explanatory note, one basic rule applies. It is a typical rule of business correspondence and its observance should be as follows:

• The note should show the main idea problems in business style without profanity and vernacular
• Reliability of the specified information and its summary
• The explanatory note is written in the first person with a logical and consistent construction of the sentence, keeping the chronology
• At the end, the document must be endorsed with a signature and the date of compilation.

The need for a form and form of an explanatory note

Explanatory note: sample

There is no standard form for an explanatory note, it is simply not approved. Therefore, the note is written in an arbitrary form. But in case you have no idea how to write an explanatory note, it is better to use the sample explanatory note on our website.

It is noteworthy that some organizations have approved their own form of an explanatory note. This is not prohibited by the legislation of our country, which means that you will have to use exactly the form that the company offers you.

Sample explanatory note to the management of the organization

Using the example of an explanatory note to the management of the organization due to being late or absenteeism, let's consider how it is necessary to draw up such a document? Take, for example, a situation where an employee was late for work or even decided to take a day off, which would be considered absenteeism. What should I write in this case?

In general, filling out an explanatory note will look something like this:

1. In the upper right corner of the sheet, write your full name. official to whom the explanatory note is sent. For example, OOO Vishenka Ivanov Ivan Ivanovich
2. A little lower, under the addressee, you must indicate from whom the note was written. Those. enter your details. For example: from the chief economist Levochkin Evgeny Romanovich.
3. Stepping back a little lower, in the center of the sheet you need to write the name of the document. Namely: Explanatory.
4. The main body of the note. In this part of the explanatory note, it is necessary to clearly and clearly reflect the reason for absenteeism, which now the management of the enterprise needs to explain.
5. Completion. At the end, you must put the date of the document and your signature. For example: 06/29/16, Levochkin E.R.

Example

The explanatory note will have to explain the reasons for the violation.

An example of the main part of the explanatory note should look something like this: 06/28/2016 I did not appear at workplace on good reason- a break in the sewer in the apartment. As a result of the emergency, I had to call the emergency service, as well as take measures to minimize the result of the accident.

The emergency service arrived on call only after 4 hours, i.e. at 13:25 local time. A team of specialists began repair work at 13.40. They were able to fix the problems only after 3 hours and 45 minutes. By that time the working day was already coming to an end. Leave the apartment during the event repair work I couldn't because I live on my own. Accordingly, apart from me, no one else could provide plumbers with access to my apartment.

I could not call and warn the management of the enterprise where I work, due to the lack of mobile phone. And when calling from a landline, there was some kind of interference, because of which I could not get through to work. I am attaching a certificate to the explanatory note, which confirms the validity of the accident and the repair work in my apartment.

The compiled explanatory note is sent for consideration to the head or who is authorized in these matters. He, in turn, examines the submitted document and attaches his resolution to take specific measures in relation to this employee.

If the manager has decided to apply a disciplinary sanction to the employee, then an explanatory note will be attached to the case in the form of evidence.

Explanatory letter to school

An explanatory note is written in the name of the head

In principle, an explanatory note to the school is practically no different from the note that is provided by the employee at his place of employment. Home hallmark an explanatory note to the school will be an official:

• Classroom teacher
• Head teacher
• Director

Let's look at how to write an explanatory note to school:

1. "Hat", i.e. at the top in the right corner of the sheet you need to indicate the addressee. For example, the Director of Secondary School No. 1 Kuzmin Alexei Viktorovich.
2. "From whom". Then you write it down like this: from a student of class 11-B Lavrenko Irina Anatolyevna. If the note is written on behalf of the student's parent, then it must be written from gr. Lavrenko Larisa Vitalievna
3. Main part. Here in the text it is necessary to explain the reason for being late for school.

Example

Suppose that the explanatory note was written by the student's mother, then its content should be as follows:

“I, Larisa Vitalievna Lavrenko, the mother of Irina Anatolyevna Lavrenko, a student of grade 11-B, can provide explanations regarding her missing school lessons. When I woke up in the morning, my daughter complained of a sharp toothache, and we went with her to the dentist. After the treatment, the doctor said that my daughter needed rest and it was better for her to go home. In this regard, the child did not appear for classes on 10/12/2016. I am attaching a certificate issued by a dentist to the explanatory note.

Usually such explanatory notes are written in the name of the class teacher. But that's not the point. The main thing is to figure out exactly who the note will be addressed to, and only then proceed to compiling it.

The ability to correctly write an explanatory note will not hurt anyone. However, if you already have repeated lateness or omissions behind your back, then it may be time for you to think and work on your punctuality. After all, this will help you improve your reputation for the better.

How to write an explanatory note? Teach video tutorial:

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About that (example, sample) a person asks this question, if he violated the labor discipline of his enterprise, for example, was late for work or skipped a working day, and also became an unwitting witness to the negligence of workers in production. However, if for some reason, the employee does not want to do this, you can refer to the law labor code, according to him, an employee of the enterprise is not obliged to report to management about violations by other employees. In this case, the employer draws up a certain act that will indicate a refusal.

In order to comply with the relevant requirements, but the content of the explanatory note is not regulated by law, as a result, the writing of the explanatory note occurs in an arbitrary form.

An example of an explanatory note or how it is drawn up correctly

1. It is necessary to pay attention to the volume of the explanatory note, it should not be more than half a sheet. With the help of a computer, you will be able in the future to avoid not correct interpretation your handwriting, thereby saving the reader from deciphering the notes. If conflict situation, is of a serious nature, then in order to write an explanatory note, contact a professional lawyer, he will help to draw up correctly, this species document.

2. In order for the text in the explanatory note not to be chaotic, carefully select the words. Adhere to the main rule when writing an explanatory note - the sequence of presentation, conciseness and clarity. Writing should begin with complete description circumstances, the composition of the participants, as well as the time and date of the events. Next, you need to talk about the reasons that led to this violation, as well as explain your behavior and argue why you did this and not otherwise.

3. Do not forget about the correct design of the note. The header indicates to whom this explanatory note is addressed and from whom: full name and position of the employee. Put the date and painting.

Helpful Hints when writing an explanatory note

Try to make the text you write be unambiguous, restrained and consistent. Be as persuasive as possible, but don't make excuses. If necessary, admit your guilt, but be sure to justify your actions. Be objective when assessing the situation. By all means, do not shift the responsibility for what happened to your colleagues. Do not use pleading intonation in the text - for sure, your employer will not like it, which is certainly set in a constructive way.

If, under any circumstances, you need to know how to write an explanatory note(example, sample), use the advice of our article, with the help of them, you can write the correct explanatory note and get out of an unpleasant situation, with the least loss for you, while not forgetting how you behave will characterize your professionalism.

Download sample explanatory note

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.).

Why do you need an explanatory note

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.

To whom to address the explanatory

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 (foreman, 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.

When to write an explanation

For writing an explanatory note, certain deadlines: no more than two business days from the date 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 an explanatory note is not written at the set time, 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 can be applied for one violation. disciplinary punishment and no later than one month after establishing the fact of the committed violation (the fact is also established in writing, by drawing up and registering a special act).

Rules for compiling an explanatory note

The explanatory note is written in free form. It must contain the following information:

• company information,
• information about the manager and the offending employee,
• date of offense
• explanations.

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 remorse for the committed violation (if it is the 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.

An 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.

Instructions for writing an explanatory note

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.

1. First, the position of the employee is indicated here, in whose name it is drawn up (director, general director, head of department, team leader, etc.).
2. Then the full name of the organization is written, indicating its organizational legal status(IP, LLC, ZOA, OJSC), as well as the surname, name, patronymic of the addressee.
3. After that, data about the employee (position, company name, last name, first name, patronymic) are also drawn up in the same way.
4. The following is indicated locality where the enterprise is registered, as well as the date of writing the application.

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.