Notice of the need to write an explanatory note. Explanatory note

I.A. Kossov, PhD in Law, Russian State University for the Humanities

legalization of the employee's right to an explanation
procedure for notifying an employee about providing an explanation
explanation documentation
act of non-explanation

The obligation of the employer to demand a written explanation from the employee in connection with the committed disciplinary offense is determined by law as an inalienable component procedures for recruiting an employee disciplinary responsibility.

Why does the legislator attach such importance to this document? First of all, the explanation is intended to contribute to the establishment of truth. The content of the document reflects the employee's view of what happened, his attitude to the misconduct and its consequences. If an employee pleads guilty to a committed offense, then in the explanation he has the opportunity not only to state the facts, but also to express, for example, his repentance for his deed, promise the employer not to repeat such misconduct in the future, etc. At the same time, when the employee believes that he did not commit a disciplinary offense, he also has the opportunity to explain his own arguments and provide the necessary evidence. It also happens that an analysis of the content of the explanation helps the employer not only remove claims against the employee, but also determine the true offender. Thus, the employee’s explanation contributes to an objective assessment by the employer of the current situation, allows to identify all the circumstances of the commission of a disciplinary offense and, if necessary, to choose the right measure of disciplinary action on the employee.

The obligation of the employer to require a written explanation from the employee before applying a disciplinary sanction is established by the first part of Art. 193 Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation). In the same place, the legislator established the deadlines for the employee to write and submit an explanation - two business days.

Based on the fact that the legislator assigns strictly certain period, the employer needs to document the date when he invited the employee to provide an explanation. The legislator does not require the employer to perform such an action. However, such a document will be useful: firstly, the date indicated in it will become the starting point of the time allotted for the employee to prepare an explanation, and secondly, there will be documentary evidence that the employee was explained his right to an explanation.

The notification of the employee about the need to provide a written explanation is usually drawn up on a letterhead and signed by the representative of the employer who is entitled to apply disciplinary sanctions (most often, the head of the organization, but in some cases this can be done by another person who has been delegated such powers) .
It might look like this:
letterhead
Category III engineer
A.V. Avksentiev
About providing
written explanation

In connection with the improper performance by you job duties, expressed in the absence of January 16, 2012 at the workplace from 13.00 to 18.00, I ask you to provide a written explanation on this fact to the Directorate for Human Resources Management (Plant Management, 3rd floor, room 36) by 18.00 on January 19, 2012.

Director (signature) Yu.V. Mayorov

Notification received January 17, 2012
Category III Engineer (signature) A.V. Avksentiev

The question arises, what to do if the employee refused to receive such a document? How then to confirm that the demand for an explanation was brought to his attention and how to prove that it was from such and such a date that the two-day period allotted for the provision of an explanation began? The legislator does not give us an answer to this question. But, I think, in order to avoid legal problems in the future, the employer needs to take certain steps. For example, to give the employee a notification not on his own, but on a commission basis (for example, in the presence of his immediate supervisor and representative trade union committee or one of the employees of the organization who are not interested in the outcome of the case, if the employee is not a member of a trade union or the employer does not have a trade union organization), having previously read out the contents of the notice to all those present aloud. If the employee refuses to receive a notification, it seems necessary to draw up an act, which will be signed by those present, thereby confirming that the employer complies with the provisions of part one of Art. 193 of the Labor Code of the Russian Federation.
Labor legislation does not directly regulate in the form of which document an explanation should be drawn up. So in this case, it is necessary to apply the existing rules of office work.
Most often, the explanation takes the form explanatory note - a document explaining the causes of an event, fact, act .
In order for the employer to receive a document that is useful in terms of content, it is important that in the explanatory note the employee sets out in detail all the circumstances of his actions or inaction and indicates:

whether he himself regards his behavior as unlawful, i.e. his actions or inaction were non-fulfillment or improper fulfillment of labor duties, it is advisable for the employee to bring arguments confirming his own position;
does he admit his guilt?
what, in his opinion, was the reason (reasons) for committing a disciplinary offense?
what is his attitude to the committed misconduct and to the negative consequences that the employer had as a result?
does he have any opinion regarding his possible disciplinary action by his employer?

The explanatory note must contain such details as:
1) Name structural unit(the name of the structural unit in which the author of the explanatory note works is indicated).
2) Type of document ( explanatory note).
3) Addressee. Since, in accordance with the first part of Art. 193 of the Labor Code of the Russian Federation, an explanation is required by the employer, then the addressee of the explanatory note should be the official who, by virtue of the charter or other document (for example, a power of attorney), is a representative of the employer with the right to apply disciplinary sanctions. As a general rule, this is the head of the organization - the director, CEO, chairman of the board, etc. In the case of delegation of authority to a subordinate official (for example, the deputy head of the organization for work with personnel), the explanation is addressed to him.
4) Date (the date of the explanatory note is indicated).

5) Heading to the text (for example, About the reason for absence from work or About the reason for failure to comply with the order of the head of the Department).

6) Text. It is written in a calm and even style, without excessively bright emotional coloring (although a certain proportion of the employee’s emotions should still be present in it). The text should be distinguished by conciseness, clarity, simplicity of presentation and clarity of wording. It is necessary to avoid artistic prettiness, high-flown phrases and excessive publicism. . An important factor is the logical sequence of the text, so that the addressee of the note correctly and without problems understands what the author wanted to say.

7) Signature (issued indicating the position, personal signature and its decoding:, initials and last name of the employee).
An explanatory note might look like this:

Sales Department Director
Explanatory note Yu.V. Mayorov
17.01.2012

January 16, 2012 during the lunch break at 13:05. I went home for dinner. When I was already returning from home to work, in the courtyard of the house I met a neighbor on the entrance, who said that his son had returned from the army, and invited me to his house to celebrate the meeting. I refused, explaining to him that I had to go to work. But in the end, the neighbor persuaded me to come in for 10 minutes, and we went to his apartment. However, our celebration dragged on. I decided not to go back to work because I was drunk. I deliberately did not call for work, thinking that the call would immediately betray my absence, otherwise they might not notice it.

I am fully aware of my guilt and I assure you that such violations will never happen again in the future. However, please note that my absence from work did not have any negative consequences for our management.

Please also take into account that during the past year I was twice encouraged for high performance in work - in May I was awarded a Certificate of Honor, and in December, based on the results of the year, I was given a cash bonus.

EngineerCategory III (signature) A.V. Avksentiev

If after the expiration of the allotted time an explanation is not provided by the employee, then in accordance with the first part of Art. 193 of the Labor Code of the Russian Federation, the employer is obliged to draw up an appropriate Act.

Labor legislation does not determine which of the officials of the organization and in what terms draws up an act, and whether it is necessary to acquaint the employee with it. This is determined at the local level, taking into account existing rules office work.

An act is a document that is compiled by a group of people, it confirms the facts or events established by them. Therefore, it is necessary that such an act be drawn up collectively. It is advisable to involve in the procedure for compiling it the same persons who were present when the employee was notified of the need to provide an explanation, since they are aware of the fact of notification of the employee and the deadline. But at the same time, those present need to be explained that in the event of a labor dispute, they can be summoned to the jurisdictional authorities to provide explanations on issues related to this act.
The act is drawn up according to the traditional scheme for acts and may look like this:

General form
ACT

20.11.2012

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

Me, the head of the Personnel Department M.A. Uralova, in the presence of the head of Department No. 13 A.M. Alekseev and an economist of the II category of Department No. 10 Yu.I. Zaikova drawn up this act on the following:

01/17/2012 to the engineer of Department No. 13 P.P. Korovin in accordance with the first part of Art. 193 of the Labor Code of the Russian Federation, it was proposed to provide a written explanation before 01/19/2012 in connection with the commission of a disciplinary offense by him, expressed in absence from the workplace for five hours in a row. In due time, a written explanation of P.P. Korovin was not provided. He told those present that, allegedly, he had already orally told his colleagues about the reasons for his absence and was not going to write anything else.

This act is drawn up in two copies: the first copy - to the Personnel Department; the second copy is P.P. Korovin.

(signature) M.A. Uralova
(signature) A.M. Alekseev
(signature) Yu.I. Zaikova

A copy of the act received:
(signature) P.P. Korovin

The legislator does not provide for familiarization with the act of the employee himself. But despite this, the employer should still make such an attempt. And first of all, it is recommended to do this in order to avoid any kind of misunderstanding as much as possible to keep the employee informed about the proceedings on the disciplinary offense charged to him. And the preparation of such an act is one of the stages of this production, and the employee should be aware of this.
However, if the employee, although with a missed deadline, nevertheless provided the employer with a written explanation, what should the employer do? Should he necessarily take it into account, or is such an explanation not a legally significant document? The legislator does not give a direct answer to this question. But based on the analysis of the content of the first part of Art. 193 of the Labor Code of the Russian Federation, the following can be allowed. If the employee claims that the missed deadline was due to a good reason, then, of course, an appropriate check should be carried out. In the event that the validity of the reason for the absence is confirmed, the written explanation must be accepted by the employer as if it were provided without missing the deadline. When the missed deadline is not due to a good reason, the employer has the right not to accept the explanation. At the same time, in order to avoid possible negative legal consequences in the future, the employer is still recommended to familiarize himself with the contents of the document, since there may be important information for him that will contribute, for example, right choice disciplinary action or resolving the issue of the need to involve this employee to disciplinary action in general.

It is important to pay attention to the fact that the employee's failure to provide an explanation, even if expressed in a categorical refusal, should not be regarded as a new disciplinary offense. After all, the explanation is considered by the legislator not as an obligation of the employee, but exclusively as his right. Refusal to exercise the right does not entail the application of measures legal liability. But the legislator also established certain guarantees for the employer in case the employee refuses to exercise his right to an explanation. By virtue of the second part of Art. 193 of the Labor Code of the Russian Federation, the absence of this document from the employer, confirmed by the relevant act, will not be an obstacle to the application of a disciplinary sanction to the employee.

Kuznetsova T.V. HR records management(traditional and automated technologies): a textbook for universities. - M.: MPEI Publishing House, 2011. S. 172.

Shugrina E.S. legal writing technique. - M .: Publishing house "Delo", 2000. S. 50.

Bykova T.A., Vyalova L.M., Sankina L.V. Office work: Textbook. - 3rd ed. perer. and additional / Under the total. ed. prof. T.V. Kuznetsova. - M.: Infra-M, 2012. S. 165.

There. pp.165-167.

In order to apply h. 1 Article. 193 of the Labor Code of the Russian Federation, two “working days” should be understood as the working days of a particular employee (according to the work schedule). The term for submission of written explanations shall be calculated in working days starting from the day following the notification of the employee about the need to give explanations.

An act of failure to provide explanations on the fact of a disciplinary act may be drawn up on any day after the expiration of the period established for giving explanations, regardless of whether this day is a working day for the employee or not.

The procedure for applying disciplinary sanctions is established by Art. 193 of the Labor Code of the Russian Federation. In accordance with Part 1 of Art. 193 of the Labor Code of the Russian Federation, 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.

It should be noted that the duration of daily work (shift), the start and end time of work, the number of shifts per day, the alternation of working and non-working days are elements of the working time regime and are established by the internal labor regulations in accordance with labor legislation and other regulatory legal acts containing norms labor law, collective agreement, agreements, and for employees whose working hours differ from general rules installed at this employer, - an employment contract (Article 100 of the Labor Code of the Russian Federation).

Working hours in accordance with Part 1 of Art. 91 of the Labor Code of the Russian Federation recognizes the time during which the employee, in accordance with the internal labor regulations and conditions employment contract, must perform labor duties, as well as other periods of time that, in accordance with the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, relate to working time.

Thus, the working time regime establishes the periods during which the employer has the right to demand from the employee the performance of labor duties, and the periods during which the employee is free from the performance of labor duties. It appears that in order to apply Part 1 of Art. 193 of the Labor Code of the Russian Federation, "working days" should be understood as the working days of a particular employee. Therefore, in this situation, the employee has the right to submit an explanatory note within two working days according to his work schedule. At the same time, the period for submitting written explanations is subject to calculation in working days starting from the next day after the employee was notified of the need to give explanations (decisions of the Moscow City Court dated February 4, 2011 in case No. 33-2371, dated July 6, 2010 in case No. 33-19977, and also the decision of the Pravoberezhny District Court of Magnitogorsk dated February 1, 2013 in case No. 2-276/2013). As follows from the question, the employee works according to the “day after three” schedule. If the workers for the employee are, for example, March 14, 18, 22, and the employee received a notice of the need to give explanations on March 14, then the last (second) day for submitting written explanations is March 22. If the employee does not provide written explanations within the specified period, then on March 23 the employer has the right to draw up an appropriate act.

The law does not establish the requirement to draw up such an act in the presence of the employee or on his working days. Therefore, an act of failure to provide explanations can be drawn up on any day after the expiration of the period established for giving explanations, regardless of whether this day is a working day for the employee or not. It is advisable to draw up an act with the involvement of witnesses who were aware of the fact that the employee was contacted with a request to provide explanations and that the employee did not provide an explanation after two working days.

As established by Part 2 of Art. 193 of the Labor Code of the Russian Federation, the employee’s failure to provide an explanation is not an obstacle to the application of a disciplinary sanction. Accordingly, on the day the act of non-submission of explanations is drawn up, an order may also be issued to apply a disciplinary sanction to the employee (of course, if time is not required to investigate the circumstances of the misconduct).

Indeed, the employer can apply a disciplinary sanction to the employee no later than one month from the date of discovery of the misconduct, not counting the time the employee was ill, he was on vacation, as well as the time required to take into account the opinion of the representative body of employees (part 3 of article 193 of the Labor Code of the Russian Federation ). At the same time, all holidays provided by the employer in accordance with the current legislation, including annual (basic and additional) holidays, holidays in connection with training in educational institutions, holidays without saving wages. The absence of an employee from work for other reasons, including in connection with the use of rest days (time off), regardless of their duration (for example, when shift method organization of work), does not interrupt the course of the specified period (clause 34 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

Note

Collapse Show

The deadline for requesting a written explanation from an employee is not established by law. Therefore, the employer can request such an explanation after the discovery of a misconduct in non-working days. It does not establish the law and the list of ways in which the employer can request a written explanation (in a personal meeting, which does not have to take place at the place of work, or by sending a letter, telegram). Therefore, the employer has the right to use any method convenient for him, if he subsequently allows him to confirm the very fact that the employee received such a requirement (appeal ruling of the Moscow City Court dated 06.11.2012 No. 11-24872). In the case of sending a request for an explanation, for example, by telegram, two working days are counted from the date it was received by the employee; at the same time, it is necessary to have evidence that the employee received the telegram (the personal signature of the employee must be in the notification of delivery).

The use of explanations is regulated by law. For example, Federal Law No. 90 (in Article 57) and the Labor Code (in Articles 192-193) fix the rights of the employer and the procedure for requesting an explanatory note from the employee if he violated company rules, neglected his duties or labor discipline. In Article 37 of the Constitution of the Russian Federation, a citizen “recognizes the right to individual and collective labor disputes using the established federal law ways to resolve them”, therefore, the right of an employee to seek the truth and use the employee’s explanatory notes in disputes is established by the main state documents.

Memo Templates: Download Samples

We have prepared several templates for explanatory notes from employees, which you can download below.

When an employee has neglected his duties prescribed in the employment contract, the employer, by law, can apply disciplinary sanctions to him at the following levels:

Oral reprimand for minor infractions.
Reprimand (oral or on paper - depends on the circumstances and severity of the violation).
Dismissal of an employee in compliance with the Labor Code and other regulatory legal acts in the field of labor relations.

However, the director cannot immediately use these methods of penalties, first he must take an explanatory note from the employee containing explanations for the incident, the reasons for such an act and the conditions under which the violation of disciplinary norms was committed. An explanatory worker may provide in writing or orally.

A mandatory written response is usually required in the most difficult or difficult cases, when it is necessary to understand how good reasons led the worker to this or that misconduct. Each such case requires a thorough analysis and an individual approach, so the requirement of an explanatory letter from the employee is a justified step. This paper can bring clarity, add details to the picture of the incident, and also demonstrates to the authorities the position of the employee and his willingness to analyze and negotiate.

At the request of the management, the employee is obliged to provide a note within two days, otherwise, according to the law, a special act is prepared on its non-submission. This act does not preclude punishment that is appropriate for the misdemeanour.

Being late for work: 4 effective methods of struggle and 30 excuses

When is it necessary to provide an explanatory worker

Due to the fact that the employee, having signed an employment contract with the enterprise, assumed certain obligations (including the obligation to comply with labor discipline and the norms established by local acts), he must describe in the explanatory reasons and events that prompted him to violate. Usually all offenses come down to several types:

Temporary (or throughout the day) absence from the office without presenting documents allowing this (such a document may be, for example, a certificate from the employee attached to the explanatory note from medical institution, confirming the illness of the employee).
Refusal to comply with prescribed labor functions or improper attitude towards them (for example, in a situation where an employee works, but does it in any way, which leads to negative results for the company).
Being late (the reasons may be disrespectful or quite satisfactory, which will need to be indicated in the explanatory note from the employee).
The harm done corporate property as a result of employee negligence.
Staying at work under the influence of drugs, alcohol or any toxic substances, etc., which is a neglect of the obligation to comply with labor protection standards.
Unfulfilled task of the head, which is not the direct responsibility of the employee.
Concealment or distortion of information provided to superiors about the actual activities of the company, which leads to violations in economic activity enterprises.
Deviation from the norms of human life safety adopted in the organization.

In each case, there may be extenuating circumstances, so it is extremely important to provide the manager with an explanatory note from the employee and, if possible, attach official documents to it.

“I didn’t come to work because there was no inspiration”: TOP ridiculous explanatory

The editors of the magazine "Commercial Director" collected the funniest explanatory staff and displayed them as posters. Print them out and hang them up in your office.

Who has the right to demand an explanatory letter from an employee

The current laws and regulations of the Russian Federation in the field of labor relations establish that the requirement for an explanatory note from an employee is the right of only the employer, that is, the head of the company or a person officially authorized to perform the functions of a head.

This requirement is an important part of disciplinary responsibility in the territory of the employer, which should include all employees.

An explanatory note from an employee is a good tool for clarifying the circumstances of the incident and the causes of the violation. Thanks to familiarization with this document, the employer gets the opportunity to make a balanced and reasoned decision on the appropriate punishment.

How to request an explanatory note from an employee

The first thing we turn to in order to understand the procedure for solving any task in labor relations is the Labor Code of the Russian Federation. In the 193rd article we find an indication: "... the employer must request a written explanation from the employee." And that's all that is said about the format of the requirement for an explanatory note from the employee. That is, it must be, but oral or written is unknown.

Most often, in potentially conflict and difficult situations, the manager draws up a written demand for an explanatory letter from the employee. This is done so that in the event of an excessively harsh reaction of a subordinate or even in a lawsuit, to be able to document that all formal procedures were followed, all the nuances were studied, and the decision on disciplinary action was taken without any deviation from the letter of the law.

The Labor Code and related acts also do not establish the form for requesting an explanatory note from an employee, so it looks different in different companies. Often the type of document itself is determined by the personnel officer (for example, a notice or a letter). It is best to consider this a requirement, since at the beginning of Article 193 it is about “requesting” an explanatory note from the employee. Such literalism will also help in the event of a serious trial, when the check may consider the inaccuracy to be a mistake.

Now let's clarify some deadlines for drafting documents and making decisions.

Firstly, part 3 of the same article states that the punishment for an employee's misconduct must be imposed no later than one month after the violation is noted. The moment when the misconduct was discovered is not established by the requirement of an explanatory note from the employee, but by a separate act, which should be drawn up on the same day.

The demand is the starting point for a different period: a written explanatory note from the employee must be presented to the company within two working days after the transfer of the demand. Here, organizations are faced with another bureaucratic task: it is not enough to draw up and submit a request, you also need to prove the fact that it was handed over to an employee. For this, fields are made under the explanatory note itself, one of them is for the signature of the employee confirming receipt of the paper, the second is for the signature of witnesses who can confirm the addressee's refusal to fulfill the conditions.

Since questions often arise about when the two-day period for presenting an explanatory note from an employee expires, we will clarify this point. For example, an employee was absent from work on September 1, 2016 and did not provide a medical certificate. Witnesses confirmed the violation, and at the same time an act was prepared fixing the misconduct. The next day, on the 2nd day, the offender was given a demand for an explanatory note from the employee. Then he has two days to prepare a response:

September 3 - 1st day;
September 4 - 2nd day;
On September 5, the employer has the right to prepare papers on the non-submission of an explanatory note by the employee.

Please note that if the request is sent to the offender on Friday, then the following days off are not included in the calculation - the first and second days for submitting an explanatory note from the employee will be Monday and Tuesday.

To avoid confusion and confuse an employee who seeks to honestly resolve the situation, simply indicate in the requirement the deadline for the employee to provide an explanatory note. It is also worth immediately prescribing to whom the explanatory note should be addressed and to whom it should be handed over when ready (since the addressee and the first recipient often turn out to be different people, for example, the General Director and the personnel officer).

No need to be afraid of an explanatory note from an employee and avoid writing it. On the contrary, if the employee has good enough reasons, and the employer is an adequate and reasonable manager, then this document will become part of the defense of the offender. In this situation, you don’t even need to wait for the demand for an explanatory note from the employee, you should immediately write to the management and attach all available evidence of your innocence. Not only documents with a dozen seals are suitable, but also copies of news confirming that there was a big accident on the road along which the employee gets to the enterprise that morning. When the problem is a staff conflict, then a qualitative explanatory note can incline the authorities to one side or another.

Punishment of an employee as a method of disciplinary control

If the employee refuses to write an explanatory

The employee has the right to refuse, since the explanatory note is a direct or indirect confirmation of his guilt in the current situation. However, it is often better to provide paperwork to ward off the most severe penalties, such as dismissal or large fines.

When the demand for an explanatory note from the employee is received by the delinquent, he is obliged to respond to such a letter, even if he is not going to prepare the necessary note to the management. The employee is obliged to notify the employer of his decision, but it is important to understand that the employee’s refusal to write an explanatory note is not an offense or another violation of labor discipline.

In whose name is the explanatory note written from the employee and in what form

The answers to these questions, first of all, are in the Rules. internal regulations organizations. Usually it is indicated that the employee reports to the General Director and his direct supervisor. This determines the addressee of the explanatory note from the employee - in this case, it should be written in the name of the General Director or the head of the department.

Company internal documents may also establish other hierarchy options. Let's say there is working group, consisting of employees of various departments, then local acts may indicate that one of the managers becomes the boss for this particular group. In this case, an explanatory note from the employee will be written in his name. But it is legitimate to demand it only if a violation related to the activities of this group is recorded.

Therefore, if the company's rules do not provide otherwise, then no one, except for the immediate supervisor, has the right to demand an explanatory note from an employee who is not his direct subordinate.

In addition to local documents, this right can be granted by the General Director, delegating duties by order for the enterprise. In difficult cases, a special commission can be formed to investigate the incident, and a chairman is appointed in it, authorized to collect explanatory notes from employees and make decisions.

Labor legislation does not establish how an explanatory note should be written, however, prudent HR specialists ask employees to write explanations by hand. During a serious dispute, this circumstance can prove that the employer did not force him to sign a ready-made printed document, but used an explanatory letter from the employee written by himself.

The text must contain at least the following handwritten elements: the position of the employee, his full name, personal signature.

It is not necessary to write only a stroke by hand, since in extreme cases, the graphological examination may not be able to unambiguously determine the authorship of the signature. A few words already increase the chance of a concrete conclusion of specialists.

HR system that will increase revenue

Explanatory note from an employee: sample filling

This document is based on several simple rules. First, an explanatory note is written in formal business style. The form begins with a heading, which indicates the addressee (usually the General Director) and the author of the note.

Below in the middle of the page write the name of the document - "Explanatory note". After that, the main text of the explanatory note from the employee is compiled, containing information about the incident and its causes.

The explanatory note from the employee must include a detailed description of the circumstances under which the violation was committed, as well as the reasons for inaction if it turned out to be fatal.

The note should include:

Evaluation by the employee of his own actions and decisions that led to misconduct, to disruptions in the work process or insufficiently high-quality performance of his labor functions.
Appropriate reasoning in the explanatory note from the employee.
Whether the employee pleads guilty or not guilty of what happened.
Circumstances under which the violation was committed.
The attitude of the employee to the results of his actions or inaction, which negatively affected the enterprise.
His position that the employer intends to hold him accountable and impose one or another disciplinary sanction.

Another structural element allowed in the explanatory note are applications. They are drawn up as a list after the main part and filed with the document.

Consider a few more examples of an employee's explanatory note (documents for download in the appendix to the article).

1) Explanatory note from the employee for absenteeism.

2) An explanatory note from the employee accompanying the sick leave in connection with the injury.

3) A note on the reasons for neglecting work duties.

Conclusion of an employment contract: how to properly formalize an employment relationship with an employee

Funny but real explanations from employees who are always late

Traffic jams

There are several reasons for my being late. Firstly, I arrive at the office by car, and the road is a dangerous place where risking for 10 working minutes is the pinnacle of idiocy, so I don’t try to dash around the traffic jam.

Secondly, I am a non-smoker, unlike most of the employees of our company. Therefore, instead of five 10-minute smoke breaks, I have 50 minutes of working time while everyone is doing whatever they want. At this time, I'm WORKING!

The third thing I will clarify in this explanatory note from the employee is that I am a responsible employee and resigned myself to the fact that at least twice a month I have to stay in the office until 11 am (until the building closes) and WORK! This happens because smoke break lovers accumulate 16 hours of bulldozing per month, as a result of which they do not cope with their direct duties and let others down.

In total, saving 16 hours on trips to smoke and overworking for eight hours, I WORK 24 hours more than the rest of our team. At the same time, my delays in total take a maximum of two hours a month.

If the company doesn't see that my tardiness is still a cost-effective investment in an employee, then you can fire me and hire another, more punctual specialist. I wish you that he smokes and, despite the timely start of the working day, steals two days of work from the enterprise.

Explanatory note from an employee on the topic: drunk look

I swear I didn't drink.

Explanatory note from an employee who overslept

I confess that today I came with a six-hour delay, because yesterday I returned late from a tasting at a wine and vodka factory. Until two in the afternoon, I tried to remember where I worked, until my mother told me.

I assure you it won't happen again because my work address and taxi number are now scrawled on my fridge.

Explanatory note from an employee for family reasons

Yesterday I was late for work because my child was going to Kindergarten needed to go. Since the time of leaving the house and the road to the kindergarten and work was calculated exactly, I stayed exactly for the time of that very need. These reasons can be classified as force majeure circumstances, which cannot be influenced in any way by my desire to be on time.

Newbie Explanatory Note

I have only been working at your company for two days. Today is Monday, and the weekend was not easy, so in the morning I took the metro to my former place work. And only the director's face made it clear that I was not where I should be.

Banal reason

Friday I came to workplace five hours late because I was sure it was Saturday.

What the employer should do, how the employee writes an explanatory

An explanatory note from an employee is a document that requires registration (it is necessary to record the number of the incoming paper and the date of receipt).

To avoid illegal actions of the authorities, the employee should without fail register his note in two copies with the secretary or in the office of the enterprise in order to keep one option for himself.

In this situation, no one will be able to refer to Article 193 of the Labor Code and state that the explanatory note from the employee was not presented to the management on time (no later than two days after the transfer of the demand).

Based on all the information collected about the offense or negligent inaction of the employee, a measure of disciplinary liability is assigned. This decision is made only by the employer, i.e. the general director, and draws it up as a resolution.

All documents that enforce the decision to punish are prepared on the basis of this management resolution.

Labor legislation provides that the employer in some cases demand a written explanation from the employee.

For example, the employer must request such an explanation from the employee before applying a disciplinary sanction to the employee in the form of a remark, reprimand or dismissal (part 1 of article 193 of the Labor Code of the Russian Federation).

A written explanation must also be obtained from the employee to establish the cause of the damage caused by such an employee (part 2 of article 247 of the Labor Code of the Russian Federation).

And how to draw up a requirement for the provision of a written explanation of the employee?

Sample request for a written explanation

There is no single, mandatory form according to which the requirement for the employee to provide explanations should be drawn up. Therefore, the employer draws up such a requirement in an arbitrary form. The request must indicate in connection with which written explanations are requested from the employee, as well as the period that is given to the employee to provide such explanations. For example, before applying a disciplinary sanction, an explanation by the employee must be given within two working days following the day the request was received (part 1 of article 193 of the Labor Code of the Russian Federation).

Considering that in some cases the employer is obliged to demand an explanation from the employee, non-compliance with this procedure can be regarded as a violation of labor legislation. That is why the employer must confirm the fact that explanations from the employee were requested. This can be done by familiarizing the employee with such a requirement, where the employee puts his signature. Or, if the employee refuses to sign for familiarization with the requirement, such a requirement can be sent to the employee at his place of residence, confirming the fact of sending with an inventory of the attachment and a return receipt. Another option for familiarizing an employee with a demand when he does not want to pick it up is to read aloud the demand for an explanation. At the same time, this must be done in the presence of witnesses (commission), about which an appropriate act is drawn up.

Here is a sample of its filling for the request for explanations.

Select rubric 1. Business Law(239) 1.1. Instructions for starting a business (26) 1.2. Opening IP (29) 1.3. Changes in the USRIP (4) 1.4. Closing IP (5) 1.5. OOO (39) 1.5.1. Opening LLC (27) 1.5.2. Changes in LLC (6) 1.5.3. Liquidation of LLC (5) 1.6. OKVED (31) 1.7. Licensing entrepreneurial activity(13) 1.8. Cash discipline and accounting (69) 1.8.1. Payroll (3) 1.8.2. Maternity payments (7) 1.8.3. Temporary disability allowance (11) 1.8.4. General issues of accounting (8) 1.8.5. Inventory (13) 1.8.6. Cash discipline (13) 1.9. Business checks (19) 10. Online cash desks (15) 2. Entrepreneurship and taxes (450) 2.1. General issues of taxation (29) 2.10. Tax on professional income (26) 2.2. USN (50) 2.3. UTII (47) 2.3.1. Coefficient K2 (2) 2.4. BASIC (37) 2.4.1. VAT (18) 2.4.2. personal income tax (8) 2.5. Patent system (26) 2.6. Trading fees (8) 2.7. Insurance premiums(69) 2.7.1. Off-budget funds (9) 2.8. Reporting (87) 2.9. Tax incentives (71) 3. Useful programs and services (40) 3.1. Taxpayer legal entity (9) 3.2. Services Tax Ru (12) 3.3. Pension reporting services (4) 3.4. Business Pack (1) 3.5. Online calculators (3) 3.6. Online inspection (1) 4. Governmental support small business (6) 5. STAFF (105) 5.1. Leave (7) 5.10 Remuneration (6) 5.2. Maternity benefits (2) 5.3. Sick leave(7) 5.4. Dismissal (11) 5.5. General (23) 5.6. Local acts and personnel documents(8) 5.7. Labor protection (9) 5.8. Employment (3) 5.9. Foreign personnel (1) 6. Contractual relationship(34) 6.1. Bank of agreements (15) 6.2. Conclusion of an agreement (9) 6.3. Additional agreements to the contract (2) 6.4. Termination of the contract (5) 6.5. Claims (3) 7. The legislative framework(37) 7.1. Clarifications of the Ministry of Finance of Russia and the Federal Tax Service of Russia (15) 7.1.1. Types of activities on UTII (1) 7.2. Laws and regulations (12) 7.3. GOSTs and technical regulations (10) 8. Forms of documents (82) 8.1. Primary documents (35) 8.2. Declarations (25) 8.3. Powers of attorney (5) 8.4. Application Forms (12) 8.5. Decisions and protocols (2) 8.6. Charters of LLC (3) 9. Miscellaneous (26) 9.1. NEWS (5) 9.2. CRIMEA (5) 9.3. Lending (2) 9.4. Legal Disputes (5)