An explanatory note is a document substantiating the reasons for a violation committed by a particular employee. It is usually written either voluntarily or at the request of the manager in cases where an employee of the enterprise has done something wrong (he was late or did not come to work at all, showed up drunk, did not fulfill the instructions given to him, etc.).
Examples of explanatory notes:
- about failure to fulfill official duties - about absence from work - about late provision of documents - about absence from the workplace - about failure to fulfill an order - about loss of documents - about an incorrectly punched check - about failure to fulfill the sales plan - due to being late for work
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Why do you need an explanatory note?
As a rule, violations that require an explanation from the employee are quite serious and can lead to disciplinary action, including dismissal. To avoid this and honestly understand the situation, a competent manager asks for written explanations.
An explanatory note can protect an employee in controversial situations when there is a disagreement with the employer, and can also acquire the status of an evidentiary document in the event that either party goes to court.
How to write an explanatory note about an error in work
The main content of the explanatory note is information about the reasons for the employee’s actions, which had negative consequences for the employer. The main recommendation: remember, find all the justifying circumstances and don’t be shy about citing them.
An explanatory note should be written with the expectation that it will eventually end up on the judge’s desk. The author’s goal is to clearly characterize himself as a law-abiding citizen, ready to perform the work provided for in the employment contract.
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When to write an explanatory note
There are certain deadlines for writing an explanatory note: no more than two working days from the date of the incident. That is why the employer, when drawing up a written request for explanations, must set a date - the report will be kept from this date. If an explanatory note is not written within the prescribed time, the employer has the right to apply to the subordinate any penalties adequate to the offense and within the framework of the law.
It should be remembered that only one disciplinary punishment can be applied for one violation and no later than a month after the fact of the violation is established (the fact is also established in writing, by drawing up and registering a special act).
Explanatory handwritten
on the topic: not all relationships between superiors and subordinates are spelled out in the Labor Code and the Labor Code, especially since the issue is so trivial that it is not even worth discussing. If the boss ordered you, then what's the problem? Well, if you don’t write, there will be a reason to fire you.
No one is arguing about your comment regarding the Labor Code of the Russian Federation, while the TC asked a specific question that follows from labor relations.. About the Code of Civil Procedure of the Russian Federation, this is somehow in the distant future, if anything. You can also conditionally quote the Code of Criminal Procedure and the APC. Yes, and about keeping quiet, this was addressed to another fucking “commentator”, unless of course you are the kind of excavator who rows everything for itself. PS NOTHING PERSONAL.
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Rules for drawing up an explanatory note
The explanatory note is written in free form. It must contain the following information:
- information about the company,
- information about the manager and the offending employee,
- date of offense
- explanations.
The more convincing the main part is, the better for the employee; as arguments, it is best to give arguments that have some kind of written confirmation (for example, if you are late for work - a certificate from a medical institution, or a receipt from a car service with the date and time of the repair, etc. .P.). Also, a positive role is played by repentance for the violation committed (if it is the direct fault of the employee) and a promise to improve in the future and not make similar mistakes.
If the employee does not see any fault, this must also be reflected in the explanatory note, providing all the necessary evidence of its absence.
You can write an explanatory note either by hand or type it on a computer. The first option is preferable and this is how experienced HR specialists and lawyers require the document to be drawn up. In any case, the explanatory note must be certified by the “live” signature of the employee with the obligatory “live” transcript.
The explanatory note must be written in two copies, one of which must be given to the employer, and the second must be kept, but only after the employer puts a mark on both copies that the explanatory notes have been received.
Explanatory, statement
There is no regulatory justification for this issue, but the employer needs to have full proof that the employee personally, voluntarily, and without coercion expressed his desire in the application. Therefore, it is recommended that the employee’s application be written by hand. If template forms are used, then such execution of applications is interpreted, in the event of a judicial conflict, as a fact of pressure on the employee.
There is no difference, you can do it this way or that way. But if a conflict situation arises, the employee may claim that he was given something to sign, and in a hurry he did not have time to read what it was. If the entire statement (explanatory statement, etc.) was written in his hand from beginning to end, then it is quite obvious that he did it himself, being fully conscious of the content of the text. Purely for these reasons, I always insist that they write themselves, even if it’s crooked and with spelling errors (although I usually correct the mistakes and ask them to rewrite them again).
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Instructions for writing an explanatory note
An explanatory note from the point of view of the norms and rules of office work has a completely standard structure and should not cause much difficulty when writing
In the “header” of the document in the upper right corner you must enter information about the addressee .
- First, the position of the employee in whose name it is drawn up is indicated (director, general director, head of department, group leader, etc.).
- Then write the full name of the organization, indicating its organizational and legal status (IP, LLC, ZOA, OJSC), as well as the surname, name, patronymic of the addressee.
- After this, information about the employee is recorded in exactly the same way (position, company name, last name, first name, patronymic).
- Next, indicate the locality where the enterprise is registered, as well as the date the application was written.
Then in the center of the line you need to write the name of the document with a short description of its essence (in this case, “about being late for work”).
The second part is the main one. Here you must provide only the facts and reasons for the offense , and you should try to give a correct explanation with clear wording and arguments. If there is written evidence of the employee's innocence, this should also be noted. There is no need to write a lot and in great detail - no one will read several pages of text, moreover, such an explanation may cause a negative reaction from the employer.
The application must be signed with a mandatory decryption of the signature and handed over either to the secretary or personally to the immediate supervisor.
Is it possible to print a resignation letter on a computer?
Hello Nadezhda! You can come to the bailiff service, he will fulfill the trust (if the transaction was not completed before signing the agreement), then such a transaction may be declared invalid by the court, why do you need a message about the completion of notarial actions. Sincerely,
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Dear Elena. There are no legal acts regulating this issue. Such questions are classified as business customs, where preference is given to personal documents (application, explanatory note, translation) in handwritten form.
Rules for drawing up an explanatory note
Each higher education institution can establish its own rules and regulations for the preparation of internal documentation. Especially if we are talking about an explanatory note from a student. There are no strict standards established by law, but there is a generally accepted form that is applicable to most organizations and institutions.
Standard design requirements:
- The document should be drawn up on an A4 sheet with indentations along the edges: approximately 2-3 cm from the left edge, 1 cm from the right side and 1.5 cm from the top and bottom of the sheet.
- The maximum length of a letter cannot be more than 2 pages.
- The text is formatted in an official business style; the use of profanity and slang vocabulary is unacceptable.
- The facts presented must be reliable and can be verified in some way.
- The presentation is in the first person: “I missed class...”.
- Corrections and strikethroughs are not permitted.
Why do they write an explanatory note?
Art. 193 of the Labor Code of the Russian Federation makes it clear that explanatory notes addressed to the director are closely related to the employee’s commission of illegal actions or failure to fulfill official duties.
In addition, a person may be a violator of the internal labor regulations of the enterprise. In this situation, the superior has the right to impose a disciplinary sanction on the subordinate. Before doing this, he demands clarification from the employee. And the latter is obliged to write an explanatory note.
The reasons that prompt you to write a note to your boss are as follows:
- Late. The reasons for this can be different: respectful and disrespectful. The employee must clearly state in the note why he did not arrive on time. Based on his story, the boss draws conclusions about whether the reasons were valid.
- The employee does not perform official duties or works, but not to the full extent.
- Absenteeism.
- Injury to a person at work, during the work process, due to one’s own negligence.
- Failure to carry out instructions given to him by his superior.
- Being at work under the influence of alcohol or drugs.
- Violation of safety regulations, etc.
How to write an explanatory note: sample, types and forms of explanatory notes
Why do you need an explanatory note, a sample of which is presented in the article? Today we’ll talk about how to correctly write an explanatory note, we’ll give many examples and samples for all occasions: for work, for a child in kindergarten, school, university, and so on.
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To provide the manager with a legally valuable document, it is necessary to comply with all the rules and regulations when preparing it. From a legal point of view, the note has no evidentiary value and is for informational purposes only.
Is it possible to type an explanatory note on a computer?
It should be remembered that “disciplinary sanction is applied no later than one month from the date of discovery of the offense” (Part 3 of Article 193 of the Labor Code of the Russian Federation). The fact of its discovery is confirmed by an act, not a requirement. Therefore, this month should be counted from the date of discovery (which ideally should coincide with the date of drawing up the act), and not from the date of request for written explanations. There are no requirements in the legislation for the mandatory preparation of notes, but written justifications are still a document that must be taken into account in accordance with the requirements of the Labor Code. A personnel officer interested in an employee must be able to competently draw up explanatory notes.
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In what cases is an explanatory note written at work?
The law allows 2 working days for drawing up a note. If the note is not submitted to the employer within this period, a statement of non-submission will need to be drawn up. The presence or absence of a note in this case will not in any way affect the application of disciplinary action.
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Each explanatory note must set out in detail all the details of what was done so that the employer can clearly understand whether his employee is at fault in what happened or not. In addition, the note can also be of an exculpatory nature, when the employee explains in detail to the employer that he is not to blame for what happened.
How to write an explanatory note at work - sample
Important: you don’t have to write an explanatory note, because it indirectly confirms guilt. But if he refuses, the employer automatically considers the employee guilty. And in the event of litigation, the court will take the side of the authorities. The best solution is to present all the facts honestly. Then the employer can understand the situation and not punish the employee. Only the employer has the right to demand an explanation. Other persons, even if they supervise the employee, cannot make such decisions. The exception is if such a person was personally appointed by the director, giving him the right to punish guilty subordinates.
Is it possible to print such an explanatory note on a computer?
Of course, they can’t fire you for this. Write that in the explanatory note. You can print it, but sign it by hand. They can deduct you for Internet work if they deduct the amount. The main thing is to hold out until the reduction date. Perhaps this is nitpicking. Try not to enter into conflict. If the company has an order prohibiting access to the Internet. I was caught in this. Now they demand an explanation. Is it possible to print such an explanatory note on a computer? Can you get fired for going online? I didn’t violate the DI, I exceeded the plan, in the book of reviews from clients there are only gratitude. I went online to websites only to look for work, because... I signed the redundancy notice.