Please provide an explanation. Letter notifying an employee of dismissal for absenteeism. Example of an explanatory note to kindergarten

Missed the deadline for providing information to a higher organization. The boss was very upset by this event and said that he was reprimanding me. He said and said, you never know what you can say in the heat of the moment. But no. His secretary comes up to me and asks for an explanation. He says that a written explanation from the employee is mandatory for preparing a punishment order.
I ignored this request. But the boss bit the bullet and issued an order to provide an explanation. The essence of the order is that within 24 hours I must explain in writing my disgraceful behavior and why I allow the deadlines, not by me, but for me, the dunce, to be violated.
I don't want to provide a written explanation. Am I obligated to provide it or not?

Judging by the boss’s mood, he intends to impose and will not back down from his plan. Provide a written explanation, but be sure to indicate in it that you are providing it on the basis of an order. You will most likely be attracted to disciplinary liability. If you wish, you can appeal the order to the prosecutor’s office or the federal labor inspectorate in connection with a violation of the procedure for applying disciplinary sanctions in terms of providing a written explanation to the employee. The procedure for applying disciplinary sanctions is established in Article 193 Labor Code RF.

Employee's written explanation - what to remember:

1. The employer must request a written explanation from the employee.
Providing a written explanation is a way to protect the employee and is his right. In the explanation, the employee confirms or denies the fact of committing disciplinary offense, sets out the circumstances of its commission. A report is drawn up regarding failure to provide an explanation within the period established by law.

Issuing an order to provide an explanation deprives the employee of the right to choose whether or not to provide a written explanation. By order, the employer obliges the employee to provide an explanation. And if the employee does not provide it, thereby violating the order, he actually again becomes a violator of labor discipline? No, this approach seems incorrect. A written request for an explanation from the employee with the wording “I request to provide” or “I offer to provide” seems more appropriate.

2. The employer must give the employee two working days to provide a written explanation.

The employer must provide exactly two working days, not calendar days, for the employee to provide a written explanation. A reduction in this period indicates a significant violation of the employee’s rights.

Thus, since the boss ordered a written explanation and limited the period for its provision, he violated the employee’s rights to protection. The order to impose a disciplinary sanction, if appealed, will most likely be canceled.

21 Mar 2013 17:16

The employer’s obligation to request a written explanation from the employee in connection with the disciplinary offense committed is defined by law as inalienable component procedures . Why does the legislator attach such importance to this document? First of all, an explanation is intended to help establish the truth. The content of the document reflects the employee’s view of what happened, his attitude to the offense and its consequences. If an employee pleads guilty to an offense, then in his explanation he has the opportunity not only to state the existing facts, but also to express, for example, his remorse for what he did, promise the employer not to repeat such offenses in the future, etc. At the same time, when the employee believes that he has not committed a disciplinary offense, he also has the opportunity to provide his own reasons in the explanation and present the necessary evidence. It also happens that 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 the employer’s objective assessment of the current situation, allows him to identify all the circumstances of the disciplinary offense and, if necessary, choose the right measure of disciplinary action against the employee.
The employer’s obligation, before applying a disciplinary sanction, to require a written explanation from the employee is established by Part 1 of Art. 193 Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation). There, the legislator established the deadlines allotted to the employee for writing and submitting an explanation - two working days.
Based on the fact that the legislator allocates a strictly defined period for preparing an explanation, the employer must 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 period allotted to the employee for preparing an explanation, and secondly, there will be documentary evidence that the employee was explained his right to an explanation.
An employee’s notification of the need to provide a written explanation is usually drawn up on a letterhead and signed by the representative of the employer who has the right to apply disciplinary sanctions (most often, the head of the organization, but in some cases this can also be done by another person to whom such powers have been delegated) .
It might look like this:

About providing
written explanation

In connection with your improper performance of your job duties, which resulted in your absence from the workplace on January 16, 2012 from 13.00 to 18.00, I ask you to submit a written explanation to the Personnel Management Directorate (Plant Management, 3rd floor, room 36) by 18.00 on January 19, 2012 on this fact.

Director (signature) Yu.V. Mayorov

Received notification on January 17, 2012.
Engineer III category(signature) A.V. Avksentiev

The question arises: what to do if the employee refused to receive such a document? How then can one confirm that the requirement to provide an explanation was brought to his attention and how can one prove that it was from such and such a date that the two-day period allotted for providing 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, handing the notice to the employee not individually, but on a commission basis (for example, in the presence of his immediate superior and a representative of the trade union committee or one of the organization’s employees who are not interested in the outcome of the case, if the employee is not a member of the trade union or the employer does not have a trade union organization), after reading the contents notifications to everyone present out loud. If the employee refuses to receive the notification, it seems necessary to draw up an act, which will be signed by those present, thereby confirming the employer’s compliance with the provisions of Part 1 of Art. 193 Labor Code of the Russian Federation.
Labor legislation does not directly regulate the form of document in which the explanation should be drawn up. This means that in this case it is necessary to apply the existing rules of office work.
Most often the explanation is presented in the form explanatory note- a document explaining the reasons for any event, fact, or action.

In order for the employer to receive a document 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 illegal, i.e. his actions or inaction constituted a failure to perform or improper performance of labor duties, it is advisable for the employee to provide arguments confirming his own position;
- does he admit his guilt;
- what, in his opinion, was the reason(s) for his disciplinary offense;
- what is his attitude to the offense committed and to the negative consequences that arose for the employer as a result;
- whether he has any opinion regarding his possible disciplinary action by the employer.
The explanatory note must contain the following details:
1) name structural unit(indicate the name of the structural unit in which the author of the explanatory note works);
2) type of document ( explanatory letter);
3) addressee. Since in accordance with Part 1 of Art. 193 of the Labor Code of the Russian Federation, if an explanation is requested by the employer, then the addressee of the explanatory note must be the official who, by virtue of the charter or other document (for example, a power of attorney), is a representative of the employer who has the right to apply disciplinary sanctions. By 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 lower-level official (for example, the deputy head of an organization for human resources), the explanation is addressed to him.
4) date (indicate the date of drawing up the explanatory note);
5) title to the text (for example, “On the reason for absence from work” or “On 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 overly bright emotional overtones (although a certain share of the employee’s emotions should still be present in it). The text should be concise, clear, simple in presentation and clear in its formulation. It is necessary to avoid artistic beauty, pompous phrases and excessive journalisticism. An important factor there is also a 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 (drawn up indicating the position, personal signature and its decoding, initials and surname of the employee).

The explanatory note may look like this:

Sales department

Director Yu.V. Mayorov

Explanatory letter

17.01.2012

January 16, 2012 during lunch break at 13:05. I went home for lunch. When I was already returning from home to work, I met a neighbor in the courtyard of the house, who said that his son had returned from the army, and invited me to his home 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 return to work because I was drunk. I deliberately didn’t call work, thinking that the call would immediately reveal my absence, and otherwise it might not be noticed.
I am fully aware of my guilt and assure you that such violations will never happen again. However, please take into account that my absence from work did not entail any negative consequences for our management.
Please also take into account that over the past year I was rewarded twice for high performance in my work - in May I was awarded a certificate of honor, and in December, based on the results of my work for the year, I was given a cash bonus.

If after the expiration of the allotted period the employee does not provide an explanation, then in accordance with Part 1 of Art. 193 of the Labor Code of the Russian Federation, the employer is obliged to draw up a corresponding act.
Labor legislation does not determine who specifically officials organization and in what time frame the act is drawn up, and whether it is necessary to familiarize the employee with it. This is determined at the local level, taking into account existing office rules.
An act is a document drawn up by a group of persons; 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 its preparation 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 notifying the employee and the deadline. But at the same time, it is necessary to explain to those present that in the event of a labor dispute, they may 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.

20.11.2012

On the employee’s failure to provide
written explanation regarding
with the commission of a disciplinary
misdemeanor

By me, the head of the HR Department M.A. Uralova, in the presence of the head of Department No. 13 A.M. Alekseev and II category economist of Department N 10 Yu.I. Zaykova has drawn up this act on the following:
01/17/2012 to the engineer of Department No. 13 P.P. Korovin in accordance with Part 1 of Art. 193 of the Labor Code of the Russian Federation was asked to submit a written explanation by January 19, 2012 in connection with the commission of a disciplinary offense, which was expressed in absence from the workplace for five hours in a row. Within the prescribed period, a written explanation by P.P. Korovin was not represented. He told those present that he had allegedly already spoken to his colleagues once about the reasons for his absence and was not going to write anything more.

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

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

A copy of the act was received by: (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 misunderstandings, to keep the employee informed in as much detail as possible about the proceedings regarding the disciplinary offense charged to him. And drawing up such an act is one of the stages of this proceeding, and the employee must know about it.
However, if the employee, although he missed the deadline, nevertheless provided the employer with a written explanation, what should the employer do? Should he mandatory 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 Part 1 of Art. 193 of the Labor Code of the Russian Federation, the following can be assumed. If the employee claims that the missed deadline was due to a valid reason, then, of course, an appropriate check must be carried out. If the valid reason for absence is confirmed, the written explanation must be accepted by the employer as if it had been submitted without missing a deadline. When the missed deadline is not due to a valid 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 it may contain important information for him that will help, for example, the right choice disciplinary action or resolving the issue of the need to bring this employee to disciplinary liability 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 the event of an employee’s refusal to exercise his right to an explanation. By virtue of Part 2 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 applying a disciplinary sanction to the employee.

Violation of labor discipline and damage caused by the employee are not such rare occurrences. In this case, according to Article 139 of the Labor Code of the Russian Federation, the employer is obliged to demand an explanation from the employee about the fact of the violation. The requirement for an employee to provide an explanation may be requested from an organization of any form of ownership when a violation labor legislation has been recorded and is confirmed.

Also, according to part 2 Article 247 of the Labor Code of the Russian Federation, an explanation may be taken from the employee if damage occurs due to his fault.

Among the violations that involve requiring an explanation from an employee, we note the following:

being late for work;
failure to fulfill labor duties provided for by the employee’s functionality;
absence from work for 4 hours;
causing damage to the employer's property;
state of intoxication (alcohol or drugs);
non-compliance with labor safety rules;
failure to provide the management of the enterprise with reliable information.

The explanatory form can be of two types:

oral;
written.

The peculiarity of the explanatory note is that it is equated to official documents.

It is important to note that if a conflict between an employer and an employee turns into legal proceedings, the absence of a requirement to submit an explanatory statement is a disadvantage for the employer, since in this case the court most often sides with the employee.

How and who issues

The employer is responsible for filing the claim; his role may be the employee’s immediate supervisor or higher management of the company. The explanation received from the employee allows us to determine the degree of his guilt and choose the punishment.

It must be remembered that if the decision made by the employer does not satisfy the employee, he has the right to file a claim to protect his rights either to the first-level authority, which is the commission on labor disputes, either to the court or to the labor inspectorate.

How to give and how long to wait

The notice is given to the employee by the supervisor or another person authorized by the employer. In this case, the employee has the right to refuse to write an explanatory note. That is why, when delivering the document, the boss must have confirmation that an explanatory note was requested from the employee and that a response was not received within the allotted time. To obtain confirmation, you can use the following solutions:

Inform the employee of the requirement under his/her signature.

If you refuse to sign the document, send it to the place of residence of the labor discipline violator in the form registered letter with a description of the contents and notification of delivery.

The period for writing an explanatory note is two days.

If the explanatory note is not received on time, this does not have any legal consequences for the employee. In this case, the employer is obliged to draw up a report on the absence of an explanatory note.

Sample

To date, there is no unified form of this document, so it can be drawn up in free form. The company can also develop its own form of such a document, which will relate to internal local documentation.

In the life of every person, situations arise when he may be late for work or not show up for work due to any circumstances that may be respectful or disrespectful, and the employer will require explanations about the committed violations of labor discipline in writing.

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An explanatory note in office work is an official document that explains the reasons for the committed offense of violation of labor discipline, which led to the imposition of a penalty on the employee. It is conventionally divided into notes of an exculpatory and explanatory nature. Which type the employee will use when writing an explanatory note depends on the degree of the offense committed.

The law prescribes

In Art. 57 of the Federal Law No. 90-FZ, Art. 192 and 193 of the Labor Code contain instructions that regulate the actions of the employer when requesting explanations in in writing from employees who have committed unlawful acts and are guilty of not fulfilling their job responsibilities, violated labor discipline and work schedule provided within the enterprise. Constitution of the Russian Federation in Art. 27 notes that the employee has the right to write an explanatory note, which cannot relate to the duty.

If an employee violates labor discipline by not performing or performing labor duties improperly, then the employer, by law, has the right to apply disciplinary punishment to him.

The measure of responsibility for the offense committed is classified as:

remark, often made orally;
a reprimand, depending on the aggravating circumstances, it is presented orally or in writing;
dismissal from work with appropriate wording on the grounds specified in regulations, Labor Code.

But, before exercising the right to impose a disciplinary sanction, the employer is obliged to request from the employee an explanation explaining the basis of his action, which led to violations of the rules of labor conduct, verbally or in writing.

A written explanation is used only in some cases, for example, if the validity of the reasons that formed the basis of his duty and led to a violation of labor discipline is assessed.

In each specific case of an offense, it is necessary to carefully understand it, therefore the explanatory note argues for the details, explains the details of what was done and brings to the attention of management the employee’s opinion and his ability to analyze the current situation.

If the employee does not provide an explanatory note within two working days, then, in accordance with the instructions of the current legislation, a statement of failure to submit is drawn up, which will not become an obstacle to the application of suitable disciplinary punishment by the employer.

The number of personnel should be calculated based on feasibility. See how to compose

The manager's reference for awards must contain positive information. Read more in

Circumstances

The employee is obliged to explain the reasons that prompted him to commit this or that offense associated with failure to comply with the requirements for fulfilling job duties. Circumstances vary, but they all lead to a certain type

violations of labor discipline and routine:
being late for work for a good or bad reason, it is necessary to clearly define the reason; failure to comply with direct functional responsibilities
or their performance is not in accordance with the requirements of the duties, for example, the work is not performed efficiently, and therefore does not bring good results;
absence from work during working hours without appropriate documents justifying his misconduct; a medical certificate certifying the employee’s illness can serve as an exculpatory document;
damage to the employer’s property associated with negligence in the performance of work duties;
failure to fulfill an order issued by the employer, which is not part of the direct duties of the employee;
being at work in a state of intoxication from the influence of alcohol, drugs and toxic substances, which will entail failure to fulfill accepted obligations to comply with labor safety rules; failure to provide reliable information about production activities
enterprises to senior management that lead to economic violations;

Regardless of the circumstances, when an employee provides supporting documents attached to the explanatory note, the decision that is made in connection with the offense is mitigated.

Who has the right to request?

According to the current laws and provisions of the Labor Code of the Russian Federation, only the employer has the right to request an explanatory note. He must hold the position of the head of the enterprise or a person authorized by the head, approved by order of the enterprise for a certain period.

The requirement to write an explanatory note is an integral part of engaging an employee to comply with disciplinary liability in the workplace and on the territory of the enterprise.

The explanatory note helps the employer to find out the circumstances due to which the offense was committed and the degree of guilt of the employee.

The employer, realistically assessing the situation, makes a decision on the appropriate disciplinary measure and the need to take it.

Is the employee required to answer?

The employee has the right to refuse to write an explanatory note because it directly or indirectly confirms his guilt. But often the best option may be to provide an explanatory note to avoid more severe punishment in the form of fines or dismissal from work. The employee who received official letter

, notifying him of the requirement to provide an explanation, responds to it regardless of which decision he chooses: “to write an explanatory note or not.”

If he is not going to write it, he must notify the employer of the refusal. In any case, refusal to write an explanatory note is not considered an offense.

Writing an explanatory note from an employee IN legislative acts

there are no instructions on the explanatory form, they do not provide standardized forms, but there are certain rules by which it is drawn up.

Compliance with the rules for drawing up an explanatory note allows you to correctly formulate its content in order to benefit from it. It is drawn up on a sheet of paper in A-4 format in accordance with the provisions of GOST, published under the number R-6.30-2003. It is written in a business style.

At some distance from the “header”, through several missing lines in the middle of the sheet, the name of the document is written down.

Next, the text of the explanations is written in free form, observing correctness in sentences, literacy, and without spelling and punctuation errors.

The employee’s explanatory statement must consist of a detailed statement of all the circumstances that prompted him to commit a crime, in the event of his inaction, the reasons why he was not active.

It should indicate:
assessment of the employee’s behavior based on the legality of the actions taken or identified inactions that explain disruptions in the performance of work or dishonest performance of the functional duties assigned to him and the appropriateness of the arguments given;
admission or non-admission of guilt;
circumstances surrounding the implementation of illegal acts;
the employee’s attitude towards his offense, towards the negative consequences arising from the employer;

the employee’s opinion regarding his employer’s holding him accountable due to non-compliance with labor discipline.

The explanatory note is written by hand, but in some cases, for example, if the handwriting is not clear, it is allowed to be typed on a computer, subject to the consent of the employer.

Watch the video of how a resourceful designer presented an explanation:

How to request?

When requesting explanations, the employer documents the date on which he requested explanations.

An official document, drawn up on the form of outgoing letters and called “Demand”, signed by the head of the enterprise or a person authorized by order for the enterprise, indicating the date, gives the employee the right to explain the reasons for the misconduct.

The date indicated in it helps the employee determine the deadline for submitting the explanatory note. In some cases, the letter is issued to the employee against signature, and a note is made indicating delivery of the request. If the employee refuses to accept the requirement, then a report on his refusal to accept the requirement is drawn up.

But in no case should an employer force an employee to write, because such an action is considered illegal. Coercion entails proceedings before the labor commission or in court based on a claim filed by the employee.

Deadlines

The employer has the right to request the provision of an explanatory note no later than a period of one calendar month after he learned about the disciplinary offense committed and a report on the event was drawn up, excluding days when the employee was sick or on vacation, the time required for consideration by a representative body.

After 6 months, in principle no disciplinary action can be taken. If violations are discovered during an inspection of the production activities of an enterprise on financial matters, during an audit or an audit, the period for presenting the penalty is two years, counting from the date of the offense. The legislation has established clear deadlines for imposing punishment, therefore, after their expiration, any action by the employer to impose a penalty, including the demand for an explanatory note, is considered illegal.

In accordance with the provisions of the Labor Code, the employee is given two working days to write an explanatory note.

The period allotted to him for explanations begins from the moment an explanation is requested. For example, an employer requested an explanatory note from an employee on November 28 during the working day. By current legislation The employee has two working days to write explanations, so the deadline for submitting an explanation will be December 1. But the employer’s demand, announced at the end of the working day, extends the deadline for submission until December 3, because Saturday and Sunday are days off in accordance with the employee’s work schedule, and the deadline for providing an explanatory note under Art. 193 of the Labor Code begins only after an explanation is requested.

Where is it applied?

The employer, having accepted the explanatory note, transfers it to the office, where it is registered in the order established at the enterprise in the register of internal documents.

The materials of the case regarding violation of discipline and the commission of misconduct by the employee are considered by the head of the enterprise, as necessary, by the trade union committee or commission, after which a decision is made on this event.

A note about the execution of the decision is made on the explanatory note. It is filed in the employee’s personal file for safekeeping, the duration of which depends on the aggravating reasons for the violation committed.

What to do if an employee refuses to write an explanatory note?

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

Templates for introductory notes: download samples

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

When an employee neglects his duties as specified in the employment contract, the employer, by law, can apply disciplinary sanctions to him at the following levels:

Verbal reprimand for minor offenses.
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 regulations in the field of labor relations.

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

A mandatory written response is usually required in the most complex or severe cases, when it is necessary to understand how good reasons led the worker to one or another offense. Each such case requires careful analysis and an individual approach, so requiring an explanatory note from the employee is a justified step. This paper can bring clarity, add details to the picture of the incident, and also demonstrates to superiors the employee’s position and his willingness to analyze and negotiate.

At the request of management, the employee is obliged to provide the note within two days, otherwise, according to the law, a special act on its failure to submit is prepared. This act does not prevent punishment that is appropriate to the offense.

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When is it necessary for an employee to provide an explanation?

Due to the fact that the employee, having signed an employment contract with the enterprise, has assumed certain responsibilities (including the obligation to comply with labor discipline and standards established by local acts), he must describe in an explanatory note the 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 employee’s illness).
Refusal to perform prescribed job functions or an inappropriate attitude towards them (for example, in a situation where an employee works, but does it haphazardly, which leads to negative results for the company).
Lateness (the reasons may be disrespectful or completely satisfactory, which will need to be indicated in the explanatory note from the employee).
Damage caused to corporate property as a result of an employee's negligence.
Being at work under the influence of drugs, alcohol or any toxic substances, etc., which is a disregard for the obligation to comply with labor safety standards.
An unfulfilled task from a manager that is not the direct responsibility of the employee.
Concealment or distortion of information provided to superiors about the real activities of the company, which leads to violations in economic activity enterprises.
Deviation from human safety standards adopted by the organization.

In each case, there may be mitigating 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 I had no inspiration”: TOP ridiculous explanatory notes

Editorial staff of the magazine " Commercial Director» collected the funniest explanatory staff and displayed them in the form of posters. Print them out and hang them in your office.

Who has the right to demand an explanation from an employee?

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

This requirement is an important part of disciplinary liability on the employer’s premises, which must include all employees.

The explanatory note from the employee is good tool to clarify the circumstances of the incident and the reasons for the violation. By reading this document, the employer has 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 problem in labor relations is the Labor Code of the Russian Federation. In Article 193 we find the following instruction: “... the employer must request a written explanation from the employee.” And that’s all that has been said about the format of requesting an explanatory note from an employee. That is, it must exist, but whether it is oral or written is unknown.

Most often, in potentially conflicting and difficult situations, the manager draws up a written explanatory demand from the employee. This is done so that in the event of an overly harsh reaction from a subordinate or even in a lawsuit, it is possible to document that all formal procedures were followed, all the nuances were studied, and the decision disciplinary action was adopted 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 letter). It is best to consider this a requirement, since at the beginning of Article 193 we are talking about “requesting” an explanatory statement from the employee. Such literalism will also help in the event of a serious trial, when an audit may consider an inaccuracy an error.

Now let’s clarify some deadlines for drawing up documents and making decisions.

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

The requirement is the starting point for another deadline: a written explanatory statement from the employee must be presented to the company within two working days after the request is submitted. Here, organizations are faced with another bureaucratic task: it is not enough to draw up and present a request; they also need to prove that it was delivered to the employee. To do this, make fields under the explanatory note itself, one of them is for the employee’s signature confirming receipt of the paper, the second is for the signature of witnesses who can confirm the recipient’s refusal to fulfill the conditions.

Since questions often arise about when the two-day deadline for presenting an explanatory note from an employee expires, let us clarify this point. For example, an employee missed 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 recording the offense. The next day, on the 2nd, the violator was served with a demand for an explanation from the employee. Then he has two days to prepare an answer:

September 3 – 1st day;
September 4 – 2nd day;
On September 5, the employer has the right to prepare papers on non-submission explanatory worker.

Please note that if the request is sent to the offender on Friday, then subsequent weekends are not taken into account - the first and second days for submitting an explanatory note from the employee will be Monday and Tuesday.

To avoid confusion and not confuse the employee who is trying to honestly resolve the situation, simply indicate in the request the deadline for the employee to provide an explanation. It is also worth immediately specifying 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).

There is no need to be afraid of an explanatory note from an employee and avoid writing one. On the contrary, if the employee has sufficiently compelling reasons, and the employer is an adequate and prudent 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 employee to demand an explanatory note; you should immediately write to management and attach all available evidence of your innocence. Not only documents with a dozen stamps 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 in the morning of that day. When the problem is a staff conflict, a high-quality explanation can sway management to one side or the other.

Punishing an employee as a method of disciplinary control

If an employee refuses to write an explanatory note

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 threat of the most severe penalties, such as dismissal or large fines.

When a request for an explanatory note from an employee is received by the offender, he is obliged to respond to such a letter, even if he does not intend to prepare the necessary note to 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 found in the internal regulations of the organization. Usually it states 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 to the General Director or the head of the department.

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

Consequently, unless the company’s rules provide otherwise, then no one other than the immediate manager has the right to demand an explanation from an employee who is not his direct subordinate.

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

Labor legislation does not stipulate how explanatory notes 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 the employee to sign a ready-made printed document, but used an explanatory note from the employee, written by him.

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

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

A personnel management system that will increase revenue indicators

Explanatory note from the employee: sample filling

This document is compiled according to several simple rules. Firstly, an explanatory note is written in formal business style. The form begins with a header that 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”. Afterwards, the main text of the explanatory note from the employee is drawn up, containing information about the incident and its causes.

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

The note should include:

The employee’s assessment of his own actions and decisions that led to misconduct, disruptions in the work process or insufficient performance of his work functions.
Appropriate argumentation in the employee’s explanatory note.
Whether the employee pleads guilty or innocent of the incident.
The circumstances under which the violation was committed.
An employee’s attitude towards the results of his actions or inactions, which negatively affected the enterprise.
His position regarding the fact that the employer intends to hold him accountable and impose one or another disciplinary sanction.

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

Let's look at a few more samples of an employee's explanatory note (documents for downloading 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 about the reasons for neglecting work duties.

Concluding an employment contract: how to properly formalize labor relations with an employee

Funny but real explanatory notes from workers who are always late

Traffic jams

There are several reasons for my lateness. Firstly, I come to the office by car, and the road is a dangerous place where risk for the sake of 10 working minutes is the height of idiocy, so I don’t try to dash around the traffic jam.

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

The third thing I will clarify in this explanatory note from the employee is that I am a responsible employee and have come to terms with the fact that at least twice a month I have to stay in the office until 11 o’clock at night (until the building closes) and WORK! This happens because smoke break lovers accumulate 16 hours of kicking bullshit in a month, as a result of which they fail to cope with their direct responsibilities and let others down.

In total, by saving 16 hours on going out to smoke and working eight hours a day, I WORK 24 hours more than the rest of our team members. At the same time, my total delays take up a maximum of two hours every month.

If the company doesn't see that my lateness is still economically profitable investment as 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 the employee who overslept

I confess that today I arrived six hours late, because yesterday I returned late from a tasting at the wine and vodka factory. Until two o'clock in the afternoon I tried to remember where I worked, until my mother told me.

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

Explanatory note from the employee for family reasons

Yesterday I was late for work because my child had to go to school. kindergarten I needed to go to relieve myself. 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 circumstances force majeure, which cannot in any way be affected by my desire to appear on time.

Newbie's explanatory note

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

Trivial reason

On Friday I came to workplace five hours late, because I was sure that today was Saturday.

What should the employer do, how will the employee write an explanatory note?

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

To avoid unlawful actions by superiors, the employee must register his note in two copies with the secretary or in the office of the enterprise in order to keep one version for himself.

In this situation, no one will be able to refer to Article 193 of the Labor Code and claim that the employee’s explanatory note was not submitted to management on time (no later than two days from the moment the request was submitted).

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

All documents executing the decision on punishment are prepared on the basis of this management resolution.