If an employee commits misconduct, the employer requires an explanation in writing. The provision that the employer is obliged to do this is contained in Article 129 of the Labor Code of the Russian Federation. The reasons for the explanation can be various life circumstances, for example, absenteeism, immoral behavior, being intoxicated, non-compliance with labor safety measures, etc. At work they force you to write an explanatory note - this phrase can be heard from an employee of any enterprise.
An analysis of labor legislation gives reason to say that there is no rule that would oblige an employee to write an explanatory note. If a person does not value his job, he may quit his job. Many employers, as practice shows, when conflict situations arise, offer to leave of their own free will. But most workers prefer to write an explanation in order to protect their rights.
Why do they write an explanatory note?
A person has to write an explanatory note not because the addressee is actively interested in the events taking place in the author’s life. Statement of the circumstances of the incident from the point of view of its participant is an opportunity to make a fair decision. The reason for writing an explanatory note is most often negative events: being late for work, missing school, an unfulfilled assignment, etc.
In cases where the culprit faces serious punishment - for example, dismissal or disciplinary action - an explanatory note can become a reason for lifting sanctions or, on the contrary, will be a supporting document.
Sometimes explanations become an argument of the parties in court; they can protect the employee or employer from liability or become evidence.
Where are explanatory notes written?
Explaining your own or someone else’s behavior is accepted in several areas:
At the place of work
A note is written by an employee if he violated labor discipline (was late for work, came drunk, did not submit a report on time, did not wear special clothing, etc.), caused material damage to his employer, is involved in a labor dispute, and in other similar situations. Explanatory notes for lateness and other incidents are usually submitted to the personnel department, the head of the department, or directly to the employer (if it is, say, an individual entrepreneur).
At the place of study
In this case, there may be two options. If we are talking about a school, the explanatory note is written by the parents or the student himself (depending on the age of the student). In higher and secondary educational institutions, notes are written by the student, and in some cases by his parents or legal representatives.
To a kindergarten
Explanatory notes are submitted to preschool institutions by parents, and they explain their actions (for example, the reasons for the child’s absence or late payment), and not the actions of the children.
Deadlines for writing explanatory notes
Labor legislation establishes a clear deadline for providing an explanatory note. Article 193 of the Labor Code of the Russian Federation obliges the employer not to impose a disciplinary sanction within two working days after the request for an explanation from the employee. If the employee does not write a note within these two days, the period is considered expired.
The administration of these organizations decides at what time to provide explanatory notes at the place of study, kindergarten and other institutions, and the period must be reasonable.
Legal meaning of explanatory notes
Such notes have significant legal significance, especially when it comes to labor relations. According to the Labor Code of the Russian Federation, employee explanations are a mandatory part of the procedure for bringing to disciplinary liability. Until the explanatory note is received (if the deadline for its provision specified in the previous chapter has not expired), no measures can be taken against the employee.
It is not only the fact of providing an explanation that is important, but also its content. Based on the note, the employer can either apply the maximum possible penalty or cancel the employee’s punishment completely. In other words, if you were late for work or did not complete any assignment for a good reason, then an explanatory note can save you from punishment from the employer.
At the same time, writing an explanatory note is not mandatory for the employee; he can refuse to do so without any legal consequences (except that the employer will make a decision based either only on his own assessment of the situation, or on the assessment of witnesses and other participants in the event ).
When deprivation of a bonus is unacceptable
If the document stipulates that the employee receives a bonus in the absence of disciplinary violations during the reporting period, then he can be deprived of bonuses if there are any. When the internal documents do not define the criteria for rewarding employees, the manager does not have the authority to deprive him of the incentive additional payment in whole or in part.
If the act of violation of discipline is incorrectly drawn up and registered, the order is drawn up incorrectly or is completely absent, the employee cannot be denied incentive payments.
If the order is drawn up, but the violator has not received the document for review, he has the right to appeal the depreciation. The court will take his side in this situation.
It should be remembered that the application of disciplinary punishment is feasible only within the framework of Russian legislation. For non-compliance with the Labor Code, the administration will be held administratively and financially liable.
Method of writing an explanatory note
Legislation and everyday customs provide for two ways of writing explanatory notes:
- Writing by hand is the preferred method because it allows identification of the author and also makes it possible to avoid forgery. But even if the note is not written by the author himself, it must contain his own signature.
- Writing on a computer is more often used in organizations where a clear form of such documents has been established. Whatever the text, the signature must be handwritten.
How exactly to write an explanatory note is the personal choice of its author.
In what cases is an explanatory note written at work?
Due to the heavy workload and the resulting chaos on my desk, I was unable to submit my application on time. This led to clients filing complaints against me. The management requires an explanation. What should I write in it? How can I correctly explain that I simply could not cope with my responsibilities, since I still have very little experience and was very busy with work that day?” Answer: “I, (full name), have been working in the credit department of the bank since July 22, 2014. Until this moment, I had no experience working with credit documentation. My job responsibilities include: (listed here). Document flow averages 200 documents per day. Since I have little work experience and was very busy on 08/05/2014, I failed to cope with my job responsibilities.
How to write an explanatory note
Despite the different requirements for the form and type of explanatory note in different organizations, there are also general requirements.
Addressee of the explanatory note
Depends on the size of the organization, as well as the reason for writing the note. If the enterprise or institution is small, an explanatory note is written to the manager. In organizations with a complex structure, the addressee may be the head of a department (head of a workshop, department, department, section, etc.).
If we are talking about explanatory notes at the place of study, they are usually submitted to the rector or head of the academic department, or the school director. In kindergarten - addressed to the head.
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Samples of explanatory notes
Despite the fact that the text of the note can be invented from scratch, there is no point in reinventing the wheel. We offer you examples of explanatory notes that you can successfully use in your life situations.
Explanatory note at the place of work
There may be several reasons for drawing up such documents.
About failure to fulfill official duties - the watchman did not walk around the territory, as a result of which theft occurred, the accountant did not send a report, because of which the company suffered losses, etc. In this case, you need to find compelling explanations for your actions (or inaction). It is highly undesirable to blame colleagues or management for what happened; the note should explain your behavior.
Sample explanatory note for work
2 About errors in work - we mean unintentional errors in calculations, in the actions of the employee, etc. The best strategy here is to admit the mistake and promise not to do it again. An attempt to blame another person for an error is permissible only if there is documentary evidence.
Sample explanatory note for work about errors
about violations of labor discipline - absenteeism, tardiness, absence during working hours, violation of instructions and regulations, etc. Since most of these violations attract at least disciplinary action, the reason must be described very convincingly.
Sample explanatory note for work about being late for work
Sample explanatory note about absence from work
Explanatory note at the place of study
The text depends on the place where the note is submitted, and on whether the student himself explains his action or his parents do it:
1 To school - most often parents explain the reason for their son or daughter’s absence from classes. This could be illness, participation in competitions or other events, or family circumstances. If in the lower grades the class teacher most often does not require documentary evidence of explanations, then in the upper grades, if there is no certificate from a doctor, convincing arguments are required in the explanatory note to the school.
Sample explanatory note to school
2 To a university or secondary specialized educational institution - parents or the student himself explains the reason for absence from lectures, seminars or exams. Poor health or undocumented illnesses will not go away more than once.
Sample explanatory note to the university
Explanatory note in kindergarten
This is a document on the basis of which parents can, for example, return the amount paid for the child’s food on the day he missed. But valid reasons for absence are required.
Sample explanatory note to kindergarten
Typical mistakes when depriving a bonus
The actions of the administration are not always lawful, but sometimes we are talking about errors that arise as a result of incompetence or carelessness:
- A disciplinary offense is the failure or improper performance by an employee of official duties through his fault, as well as failure to comply with labor discipline, the rules of which are stipulated by internal regulations. Often, an employer deprives an employee of incentive payments, even if the failure to fulfill duties was the fault of someone else.
- If one of the parties to an employment contract tries to hold the other party responsible for failure to fulfill duties that are not assigned to it according to local documents or job descriptions, the latter party has the right to file a complaint with the regulatory authorities. The employee is responsible only for the field of activity with which he was familiarized when joining the job and which is specified in his employment contract.
- Often, the management of an organization identifies deprivation of bonuses as a disciplinary sanction. This is impossible according to the Labor Code of the Russian Federation. It can only act as a measure of punishment for disciplinary action if the deprivation of bonuses is prescribed in internal regulations.
- No unauthorized punitive measures are allowed, such as postponement of vacation or its reduction, or deprivation of any benefits.
- Drawing up two orders in one document is not allowed. Most often this is an order for disciplinary action and withholding of bonuses. When an employee contacts the Labor Inspectorate, the employer may be severely punished for such treatment.
- Failure to comply with the deadlines for applying disciplinary sanctions. According to current legislation, it can be imposed no later than 1 month from the date the violation was recorded by an official and no later than 6 months from the date the act was committed.
- Even harmless typos and errors are enough to invalidate documents. Incorrect indication of the name or incorrect date will make the order to deprive the bonus illegal, after which the administration of the enterprise will be punished.
FAQ
– What will happen if I refuse to write an explanatory note?
– As mentioned above, there is no liability for refusal to write an explanatory note. However, if the employee does not want to explain his actions, the employer must draw up a report on this (the same applies to the situation when the employee did not submit the note within two days). The “Act of Refusal to Write an Explanatory Note” must indicate:
- information about the employee (full name, position, department name);
- information about witnesses to the refusal and/or drawing up the act (there must be at least three people);
- date of drawing up the act of refusal;
- reference to the rules requiring the employee to write an explanatory note;
- description of the situation according to the employee (if he agrees to explain or “without explanation”);
- an indication that the act was drawn up in two copies, and the employee has read it or refused to read it;
- list of witnesses and their signatures;
- signature of the document originator and the employee (if he agrees to sign).
After drawing up the report, the employer will interpret the situation and make a decision on disciplinary action without taking into account your opinion.
Act on refusal to write an explanatory note sample:
Sample act of refusal to write an explanatory note
– The employer does not want to accept the explanatory note. What to do?
– If you do not serve the document within two days, it will be tantamount to refusal to provide explanations. Since the employer avoids receiving the note in person, notify the labor commission that oversees your locality, as well as the trade union of your organization (if you have one). Send the note by courier or Russian Post by registered mail with notification (receipt stamp required). There is no need to worry about the letter taking a long time: the filing date is considered the day the letter was sent, so be sure to save the receipts that you will be given at the post office, as the date will be indicated there.
Deadline must be submitted
This fact should also be known to both the employer and the employee. Nobody obliges a person, after receiving a demand, to sit down and write an answer at that very moment. He is given two working days for this.
It is believed that this period of time is enough to clearly and understandably describe the situation and argue your thoughts on the specified case.
Refusal to write an explanatory note. Photo bukvaprava.ru
Management should remember that if a response is not provided within the specified period or the employee initially refuses to provide an explanation, this will not serve as an obstacle to further punishment. However, management must draw up an act not to make a record.
How is it compiled?
The main function of this document is to provide an explanation of the event that occurred and describe key points. Most often, subordinates briefly state the reason why they did or did not perform this or that action (they were absent from the workplace, they came drunk, and so on).
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This document is filled out by hand or printed on a computer by the employee himself. It is written in the name of the manager who initiated the request. The legislation does not establish clear requirements for writing this document, since it is compiled in any form.
What are the basic rules for writing this document:
- Extremely business-like tone and presentation. Extraneous vocabulary, especially profanity, is not allowed;
- Only reliable information is recorded that would describe the fact and circumstances of the situation that occurred;
- The document is drawn up directly from the person to whom the demand was made.
How quickly should you write an explanatory note? Answer in video:
