Should I write an explanatory note? What is an explanatory note from an employee

How to write an explanatory note correctly - actual question in case of being late, absent from work or failure to fulfill the plan.

This document is characterized by strict business style, consistency of presentation, lack of emotional coloring, reliability of facts.

In the event of being late or another unfavorable circumstance at the workplace, the question arises: how to write an explanatory note correctly?

You can draw up such a note either by hand or print it out and sign it.

Drawed up in a business style. For a document to look significant, it must contain several mandatory points.

The purpose of writing an explanatory note

The explanatory note itself is a document located in the internal circulation of the enterprise.

The text contains an explanation of the incident that occurred, usually with a negative connotation.

To confirm the reasons, attach the relevant documents: certificates from a doctor, including.

The writing of an explanatory note is fixed in Article 193 of the Labor Code. The following points are indicated there:

• when committing a disciplinary offense, the head of the enterprise may require the employee to write an explanatory note to the director;
• the employee has the right to reject this request;
• in the absence of an explanatory note, the manager has the right to impose on the employee.

You have to write an explanatory note in the following situations:

• absence from office work time;
• being late;
• failure to fulfill instructions;
• failure to meet deadlines.

Important:the explanatory note does not contain demands or statements; it simply reflects the full picture of what happened.

What does the explanatory note include?

There is no single template for how to correctly write an explanatory note at work.

Although it is compiled in any form, it is recommended to include the following points:

1. Name of the organization.
2. Full name and position of the person in whose name the note is written.
3. The title, namely an explanatory note.
4. A title that reflects the reason for writing an explanatory note.
5. Main content.
6. Date of document creation.
7. Full name of the compiler and his signature.

It is useful to consider a sample; notes for different situations are presented below.

Important: some enterprises install own algorithm How to correctly write an explanatory note at work. In this case, you need to use the established sample.

You need to write an explanatory note in the spirit of business correspondence. The following rules apply:

• brevity of the thoughts expressed;
• veracity of information;
• absence of colloquial expressions and profanity;
• writing in the first person;
• listing events in chronological order;
• consistency of construction;
• presence of date and personal signature of the employee.

It is preferable to write an explanatory note in extremely simple language.

It is important to avoid flowery phrases and words that can be interpreted in different ways (and not necessarily in favor of the employee).

If the employee does not see his fault in what happened, this is worth emphasizing. This meaning is introduced by the phrases “was forced...” and the like.

It is important to indicate only reliable information in the explanatory note and focus on facts.

In this case, you need to pay enough attention to the choice of words. In some cases, instead of “late”, the synonym “delayed” can soften the situation.

If other employees took part in the events, this can be mentioned without shifting your share of responsibility to others.

Important: When writing an explanatory note, the facts must be conveyed with restraint, as if the events were being described from the outside.

It is worth noting that before you correctly write an explanatory note at work, you need to decide on the format.

You should not write out all the details so that the text takes up an A4 sheet.

Just a few sentences are enough to convey the essence of what happened. Otherwise, the text will be difficult to understand.

Who should submit the document to?

When the explanatory note is written, it should be submitted to the authorized person for review. official. Most often this is the leader.

Having read the text of the explanatory note, the boss puts his resolution on further actions there.

When a decision is made on disciplinary action, the document is attached as confirmation.

Rules for drawing up an explanatory note in case of lateness

You can be late for work for various reasons.

A properly drafted explanatory note will be very helpful in this case.

1. In the upper right corner the details of the manager or other person in whose name the document is written are indicated. Full name and position, as well as the name of the enterprise are entered.
2. Next, it is written down from whom the explanatory note is presented: full name and position.
3. Then in the middle of the line the title of the document is indicated. IN in this case"Explanatory note about being late."
4. Now comes the main part of the document. It is necessary to reliably and discreetly list the facts that led to the delay. It is useful to attach certificates documenting the specified reasons for the delay.
5. At the end, the date is written and a personal signature is placed.

It is almost impossible to prepare a single sample for an explanatory note in case of delay.

You can go to work later than scheduled for a variety of reasons.

Wherein general principles designs remain unchanged.

If there is a possibility that being late will have unpleasant consequences and will have to be contested, you need to prepare two copies.

One remains in the office, and the second, which will be in the hands of the employee, is marked with acceptance.

Important: After stating the reasons for being late, you can add the insert “Taking into account the circumstances described above, I consider the reason for being late to be valid.”

Sample explanatory note for being late

As an example, the main part of the explanatory note for being late may look like this.

“On October 31, 2016, I went to work after a 5-hour delay. There was a pipe break in my apartment. To minimize the damage, I immediately called the emergency service at 9:30 am. The wait for the specialists took one hour. They then began the work, which lasted an hour and a half and was completed by 12 o'clock. Since I live alone, I had to do some cleaning immediately after the renovation work was completed. As soon as I put things in order, I went to workplace. I notified the head of the department about the current situation and the emergency call. Attached to the explanatory note is a document confirming the renovation work in my apartment".

Or this option.

“Regarding the delay on August 11, 2016. On August 11, 2016, I was two hours late for work. The reason for this was an incident that happened near me. Walking to a public transport stop, I saw a girl school age A stray dog ​​attacked in front of me and injured it. The girl was very scared. I stopped, administered first aid and took the girl to the emergency room. After that, I immediately went to the office. In view of the above, I consider the reason for being late to be valid.”

Writing a note when injured

In some cases, absence from work or failure to complete a plan is caused by circumstances beyond the employee's control.

Among these, domestic injuries stand out. In such cases, the explanatory text must describe what happened and attach it to the document. sick leave.

This confirmation is required for payment under a temporary disability certificate.

An explanatory note regarding the injury must be submitted to the commission for social insurance enterprises.

The chairman of this commission must have a sample of its completion.

The details of the incident must be written down and the name must be indicated. medical institution who submitted a sick leave certificate. If the medical institution refuses to issue you a document, you can write to them.

Sample explanatory note in case of failure to fulfill the plan

One of the cases when you have to write an explanatory note at work is failure to fulfill the work plan.

The order of execution remains the same - at the top in the right corner it is written to whom the document is addressed and by whom it was drawn up. The name is indicated. Only the main text will be different.

If the plan is not followed, the note may look like this.

“Concerning the failure to fulfill the plan for February 2016. An analysis of the current circumstances led me to the conclusion that the failure to fulfill the plan was provoked by the bankruptcy of the Luch CPC. As a result, many investors suffered. Now they are spreading negative reviews through the media, which also affect the activities of the Nadezhda cooperative. Influx of new clients for Lately decreased noticeably, and regular visitors began to worry about the safety of their deposits. If we pay more attention to advertising services, the situation may improve.”

At the end, the date of compilation is indicated and the employee’s signature is affixed.

Sample document in case of failure to fulfill an order

If due to some circumstances official assignments were not completed, the note is drawn up in the same business style.

“Regarding the damage to the advertising stand. On November 1, 2016, an advertising stand of Svet LLC was damaged on Pervomaiskaya Street. The incident of vandalism was reported to the police on the same day. Please take into account the advisability of installing anti-vandal installations.”

What to consider in unusual situations

There are cases when you have to write an explanatory note after one of your colleagues has submitted a memo to the director. The reasons for this may vary.

If as a result there are complaints from the authorities, you should carefully prepare an explanatory note.

In such a situation, it is important to consider a number of points.

1. It's worth finding out why it was written memo.
2. Invite the director to familiarize himself with his version of what is happening so that his view is more objective.
3. Write a note in such a way as not to aggravate relationships in the team.

Audits and inspections are often carried out at workplaces.

If inconsistencies are identified during such verification, an explanation may be required.

Important: if after the inspection a report of violation or non-compliance was drawn up, it must contain a link to a specific point job description .

Before writing an explanatory note you need to:

• check the requirements presented with the requirements of the job description;
• if there was no violation as such, this should be indicated in the explanatory note.

In all these cases, when thinking about how to correctly write an explanatory note to the director, you should follow the same standards.

First, indicate in whose name and from whom the paper is being written, then succinctly state the reasons for what happened.

To correctly write an explanatory note at work, you need to learn the basic rules for drawing up business documents.

It is maintained in a strict style, thoughts are presented concisely and consistently, and only reliable information is provided.

It is worth indicating the reasons for what happened in chronological order. At the end of the document a date and signature are affixed.

Client Creating a memo and sending for approval

How to write an explanatory note correctly: Sample and basic principles drawing up

If there is a disciplinary or labor offense, the employer has the right to impose disciplinary punishment on the employee, but at the same time, he is obliged to request a written explanation of the situation from the violator. Based on the explanatory note drawn up by the employee, the employer can not only make a decision to punish the employee, but also assess the severity of his offense.

Why do you need an explanatory note?

In the document flow, there are a lot of different documents, including an explanatory note. It is used to explain the reasons for certain situations, actions or facts. The paper is considered by law as a form of employee self-defense. And it is on the correctness of its composition and the logic of the presentation of facts that the subsequent decision of the management depends.

Often an explanatory note is required in the following situations:

• various emergency situations affecting production;
• various violations of labor discipline;
• violation of production discipline;
• various disciplinary offenses;
• misconduct.

In particular, most explanatory notes are drawn up due to being late for work or absenteeism, or failure to fulfill official obligations. Here is a sample out-of-office note:

Design rules

Despite the fact that there is still no general unified form for drawing up an explanatory note, the rules of document flow put forward a number of requirements for it:

1. The document is drawn up on a sheet of A4 paper, both handwritten and printed.
2. When writing, a strictly business style of presenting information is used. The use of emotionally charged language when writing a document is not allowed.
3. Mandatory absence of obscene and colloquial vocabulary.
4. Brief presentation of information. There is no need to write a poem on ten pages; it is enough to briefly and essentially state the main points.
5. The document is always written in the first person.
6. The presentation of the event should show logic and a clear chronology.
7. The explanatory note test does not contain final conclusions. That is, you should not write at the end of the document: “Based on the facts presented, I consider myself not guilty of being late for work.”

A correctly drafted note, which indicates not only the facts that led to its writing, but also weighty arguments in favor of the employee, can mitigate the offense and, therefore, help, if not avoid punishment, then at least partially reduce the amount of the fine.

Required details

The explanatory note, like any other document, must indicate a number of details. These include:

• name of the organization, structural unit;
• the addressee, often the head of the organization;
• addressee, that is, the direct violator;
• name of the document type;
• registration number. Indicated in the HR department upon registration;
• document text;
• date of writing;
• compiler's signature.

If you take into account all the listed details, after writing you will get a document similar to this:

Composition of the text

The text of the explanatory note consists of two parts:

1. The factual part, which sets out the facts that became the reason for writing the document. For example: “On June 23, 2016, I did not go to work.”
2. Explanatory, which provides the reasons why the situation arose.

Dating Features

The note is dated by the date of its composition, and not the commission of the offense itself, which is very important. This is due to the fact that within a month after the discovery of the misconduct, not counting the time that the employee was on vacation (sick leave), it can be applied to it. The correct date of compilation serves as an indicator of the date from which the report is maintained.

Procedure for writing a note

When writing any explanatory note, you can adhere to the following order:

1. In the upper right corner, indicate the position and name of the person to whom you are submitting the explanatory note.
2. Under the addressee the position and name of the originator are indicated.
3. Below is the title of the document.
4. The main part sets out the facts that led to the situation.
5. At the end of the note, the date of drawing up the document and a personal signature are indicated.

Attachments to the note

Often, appendices are attached to the text of the explanatory note. These can be various kinds of certificates (for example, a certificate issued by a paramedic), acts (for example, a report drawn up by the emergency service when repairing a water or gas pipeline), a corresponding item from funds mass media, confirming the fact of an accident, damage to the highway, etc.

The presence of these papers significantly affects the text of the explanatory note, confirming the facts stated in it.

Examples of an explanatory note

We invite you to familiarize yourself with typical examples of explanatory notes.

Note of non-compliance job responsibilities:

Note about being late for work:

Explanatory letter drawn up by the employee in case of disciplinary or labor violation and serves to protect the employee from the imposition of penalties or their mitigation. Compiled by the employee at the request of the employer on an A4 sheet by hand or in computer form.

Often an explanatory note is required in the following situations:

• various emergency situations affecting production;
• various violations of labor discipline;
• violation of production discipline;
• various disciplinary offenses;
• misconduct.

In particular, most explanatory notes are drawn up due to being late for work or absenteeism, or failure to fulfill official obligations. Here is a sample note about absence from work: Rules for execution Despite the fact that there is still no general unified form for drawing up an explanatory note, the rules of document flow put forward a number of requirements for it:

1. The document is drawn up on a sheet of A4 paper, both handwritten and printed.
2. When writing, a strictly business style of presenting information is used.

How to write an explanatory note correctly

• The established fact of absence from work all day or part of it, totaling more than 4 hours (it must be said that an explanatory note for absenteeism at work is mandatory for the employer to request if, based on the results of its consideration, a reprimand or dismissal is planned);
• Being late to the start of the day or from lunch break;
• Misconduct, error in performance or failure to perform duties;
• Actions or inactions in difficult situation, deliberate disregard of labor protection requirements;
• Drinking alcohol in the workplace or appearing there already drunk;
• Any other act of an employee in which, in the opinion of his superiors, he should justify his behavior.

Since the law does not establish a regulated template for an explanatory note for work, a free form can be used in each individual situation.

Explanatory note: how to write, sample

Attention

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.).

FILESDownload a blank form of an explanatory note.docDownload a sample of filling out an explanatory note.doc Why an explanatory note is needed As a rule, violations that require 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.

Explanatory letter

Important: in order for the employer to receive a document that is valuable from a legal point of view, it is necessary that in the explanatory note the employee sets out in detail all the circumstances of his action (or inaction) and indicates:

• Does he consider his behavior illegal, i.e. violating the performance of labor duties, with the presentation of arguments confirming their own position;
• does he admit his guilt?
• What was the cause of this offense?
• how does the employee evaluate Negative consequences problems arising from the employer in connection with this offense?
• Does the employee consider his possible disciplinary action fair?

It should be remembered that an employee can refuse to write an explanatory note without consequences in the form of legal liability being applied to him for such a refusal.

Sample explanatory note

IMPORTANT: The Criminal Code of Russia warns that no one is obliged to testify against himself. Therefore, if the facts stated in the explanatory note confirm the guilt of the employee, he is not obliged to write it.

What are the reasons for an explanatory note at work? In whose name is an employee’s explanatory note at work written? Every employee can find out in whose name an explanatory note should be written.

Rules for writing an explanatory note

• The name of the act is “Explanatory Note”.
• Attached documents (if necessary) confirming the specified reasons.
• Employee’s signature, date of document preparation.
• Main content

• the essence of the circumstances of the violation
• consequences of the act committed
• reasons that led to the offense
• employee's assessment of his actions
• admission/non-admission of guilt

If there is no guilt If the employee is not guilty of the violation committed, the reasons must be indicated that make it possible to prove innocence. For example, an employee was unable to perform his duties properly due to impossibility of performance.

How to write an explanatory note for work?

Attendance at the parent meeting is voluntary and is not regulated by any legal acts. Explanatory note to the university Students are people who love to sleep a couple of extra hours, being late for classes because of this, or even not wanting to go to lectures at all.

But there are situations when the reasons for absence are valid. The main thing is to correctly convey this to the teachers and the dean.

Sample: The above samples and examples may be required in different life situations. The ability to draw up such a document correctly will not be superfluous.

As can be seen from the examples, there are serious differences between different types no notes. What the law prescribes According to current legislation, only the employer can demand an explanation from an employee. This is either the manager himself or a person authorized by order for a specific period.

How to write an explanatory note for a job - writing rules

As for relations in the labor collective, they are based, first of all, on the norms of the Labor Code. This type of document, such as an explanatory note for work, is found several times in the Labor Code of the Russian Federation:

• In Article 193, as a mandatory stage before applying or refusing a disciplinary sanction for misconduct (absenteeism, tardiness, damage to property, official misunderstanding);
• In Article 229.2, as one of the evidence, when conducting an investigation into cases of injury or other misfortune in the workplace;
• In Article 247, as a basis for establishing the degree of guilt in causing material or non-material damage to an enterprise.

In all cases, the code states that an explanatory note for work must be submitted to in writing.
Of course, the cause of an error can be simple inattention or negligence. For example, due to absent-mindedness, an employee did not put a stamp on the primary financial document.

Then the explanatory note for work will most likely end with a phrase admitting guilt and a promise to be more careful in the future. The explanation for refusal to perform work must be supported by the employment contract or information about unfavorable conditions labor.

This will allow you to avoid punishment under Art. 192 TK. Note on non-fulfillment of job duties The situation in which an employee does not fulfill his duties may also be ambiguous. labor functions. There are two possible scenarios here. The boss caught the employee in the act of clearly ignoring the work assigned to him.

IMPORTANT: You cannot give false information or indicate incorrect facts, because the employer can check the data received in the explanatory note. The most common reasons for absence from work are stated in explanatory notes:

• illness or need to urgently visit a doctor
• accident, car breakdown
• weather
• the need to urgently eliminate the consequences of flooding in the apartment

Sample explanatory note regarding absence from work:

1. Full name of the manager in the top right corner (for example: “To the director of LLC “South Coast” Alexander Alekseevich Samuilov.”
2. The line below is your data: “from accountant Natalya Timofeevna Silina.”
3. Below in the center: “Explanatory”.
4. From the paragraph of the following line: “02/28/2018 I was absent from work due to the fact that my neighbor’s pipe burst above me and my apartment was flooded.

The most common types:

• Explanation of any provisions (reporting, etc.);
• Explanation of circumstances.

Form of an explanatory note An explanatory note is written by hand, the addressee will be the person who requested it. It can also be typed on a computer, according to the form that is accepted in a particular organization.

The method by which the note must be completed is not fixed in any way in the legislation, as is the preparation of a summary; accordingly, the use of both handwritten and typewritten options is allowed. How to write an explanatory note You need to understand that this is not a report or a statement, so it just needs to reflect a fact that has already happened.

Category: News

The current law does not establish a clear definition of the concept “ explanatory letter».

In what cases is an explanatory note written at work?

Despite this, in the course of labor relations that develop at state and commercial enterprises, this document is very often drawn up.

In most cases, the writing of this note is initiated by the head of the organization, security service, or law enforcement agencies. Such actions are due labor legislation m, which obliges employers to require in a number of situations a written explanation from employees about the actions they have committed (TC: article number 199, article number 408).

We also note that in accordance with the recommendations for the documentation required for individual entrepreneurs when regulating labor relations with the company’s employees, approved in December 2011 (under No. 135), the explanatory note serves as the basis for publishing an order on personnel composition.

Generally speaking, an explanatory note means non-normative documentation that explains the conditions, reasons for an action, an incident, an inaction, or the occurrence of a certain fact. It is drawn up by an employee of the company and provided to the manager and senior officials.

According to the constitution, namely its article number 27, drawing up this paper is the right, and not the obligation, of any employee. In turn, the employer is obliged to request this document in writing:

- before the introduction of a disciplinary sanction (according to Article 199 of the Labor Code of the Republic of Belarus);

- before the issuance of an order regarding the collection of a certain amount from the employee’s salary (according to article of the Labor Code numbered 408).

In other cases, the manager has the right, but is not at all obligated, to demand that employees provide an explanation (to clarify the position of an organization employee in a specific situation, assess the reasons for actions taken, or make some decisions).

What are the types of explanatory notes?

The document in question may be:

Exculpatory (when it contains reasons for wrong action or inaction);

Explanatory (when an employee of an enterprise explains the actions of other persons, indicates the circumstances, as well as the conditions for the occurrence of specific events that happened for reasons beyond his control).

Typically, it addresses issues related to the following aspects:

Appearing at the workplace in a state of intoxication (it does not matter whether it is narcotic, toxic or alcoholic);

Absenteeism or absence at all from the workplace at the appointed time;

Being late;

Theft of someone else's property committed at the workplace;

Violations of labor protection standards and requirements;

Immoral acts;

Providing incorrect information to various authorities;

Disciplines;

Poor quality, incomplete performance of duties.

Rules for drawing up an explanatory note

The explanatory note is drawn up on A4 sheets individually and in one copy.

Some enterprises use unified form of the submitted document, which was approved on May 14, 2007 under number 25 (in such a situation, an order or instruction is first issued regarding the approval and application of the selected form).

In any case, the explanatory note should include several parts:

Factual (here it is necessary to indicate the facts that served as the reason for creating the document in question);

Causal (here are reasons that can explain the current situation).

Each of them must objectively reflect the facts and give them a clear explanation.

Unlike a memorandum, the document under consideration may not have a logical part where the conclusions drawn and existing proposals are stated.

In addition to everything listed above, in the explanatory note in mandatory the following is indicated:

Name of the company where the employee works;

Place of preparation of the paper;

Information about the recipient (full name, position);

The name of the document is “explanatory note”;

Date the document was written;

Registered number;

A signature is added.

In situations where an employee refuses to write an explanatory note, a special act is drawn up in which witnesses are indicated (as a rule, their number is 2 people).
A specific example of an explanatory note will be given below.

Sample explanatory note about being late for work

Sample explanatory note about absence

You need to know this!

Registration of an explanatory note is carried out in the manner established by the head of the enterprise for registration of internal documentation.

After all the materials of the case have been reviewed, the employer or another authorized person establishes/does not establish resolutions for the performer on the document (indicating specific actions).

As for the storage period for submitted documents, for the Ministry of Industry and the companies subordinate to it it is 3 years.

Sample explanatory note about an error at work

The employee does not write an explanation and does not admit his guilt

Even if the employee does not admit guilt in his statement of explanation, this will not be a basis for not applying disciplinary action, as in the case of refusal to give a written explanation. However, it should be noted that, in accordance with Article 192 of the Labor Code of the Russian Federation, for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions: In accordance with Article 192 of the Labor Code of the Russian Federation, the employer has the right (not the obligation) to apply disciplinary action, therefore, if the employer nevertheless decides to apply one of the disciplinary measures, then the responsibility to prove the employee’s guilt lies with him.

At work they forced me to write an explanatory note

Hello Tatiana.

I do not advise you to refuse, it is better, on the contrary, to write the most detailed explanatory note, indicate the violations committed by the employer, make it in 2 copies on your own and get a signature. indicate that the working day ended at this time and you finished it at this time, as far as I understand, you left after the end of the working day and write that you did not commit a violation of the rules internal regulations, and if there are none, write that there are no written rules and you are not familiar with them.

that is, you sat down, and for what reason - do others know? Ooh
what's on your mind?
I would ask you, if you were the boss, for an extended explanatory note, so to speak, to cover the full scale of the disaster with the selection of an employee

Well, there are such jobs. My husband worked like that. For a 12-hour shift, you can sit only during the lunch break (40 minutes), and so you had to constantly walk around the huge warehouse and put things in order (the clothing warehouse, managers were constantly throwing unnecessary things on the floor).

and don’t care that you can’t be on both ends at the same time.

Only there they did something clever, they didn’t fine them, but they reduced the bonus, leaving a bare penny salary.
It’s better not to go to such work at all - it’s slave labor.

write in the explanatory note that you were imprisoned because the employer maliciously violates labor safety standards and the labor code.

and that you will no longer sit in prison, but will go to the labor inspectorate if you are fined.
Attention, girls: all fines are ILLEGAL! There is no such disciplinary action as a fine in the Labor Code.

missing from the word “absolutely”.

But what should an employer do if the applicant’s honor is tarnished by an unsightly article, and at the interview the future employee shows quite adequate results and has significant achievements?

The legislator has provided for and given the employer many grounds for terminating an employment contract with an employee in order to protect their rights and the normal existence of the organization. Get legal advice in 15 minutes They force you to write an explanatory note Good day! I work in a cinema and my working day is about 15 hours a day.

How to write explanatory notes correctly

And another - it’s still better to write an explanatory note in order to clarify the situation as much as possible and document the existing good reasons violations. In case of further disagreements with your superiors, the explanatory note is an officially accepted document, which can work in your favor. The absence of it gives your superiors the right to interpret your actions at their own discretion.

There are unspoken rules about how to write explanatory notes that must be followed in order to avoid even greater troubles.

Rules for writing explanatory notes at work

A demand for an explanation of what happened can be sent to the culprit in writing or orally. You must respond within two business days of receipt.

If the opponent refuses to explain, then he only reports this in writing.

Practice shows that it is safer to spend time writing a note than to receive a penalty and lose your bonus. You should not indulge in lengthy narratives and overload your opponent with unnecessary information.

Law Club Conference

True, controversial.

Moreover, the explanation under the Labor Code of the Russian Federation is written in writing, and not in the form of an email.

But the requirement to write it can be in any form. I guess, yes. But you have the right to choose whether to write or not to write an explanatory note, and what exactly to write.

It’s just that it is an obligation for the employer, an element of the proper procedure for imposing a penalty, to demand an explanation.

An explanatory note may accompany the main document, then its content will provide explanations of individual provisions of this document. Hello. Moreover, this will be an opportunity for you to clarify the situation by writing that you did not raise your voice. It is difficult to assume anything about your future activities. In any case, an explanatory note must be written.

Initially, the text should list the facts that are directly related to the situation under consideration.

Article 193.

How to write an explanatory note (sample) correctly?

Procedure for applying disciplinary sanctions

Before applying disciplinary action, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

(part one in ed. Federal Law dated June 30, 2006 N 90-FZ)

(see text in previous

Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.

(see text in previous

Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

A disciplinary sanction cannot be applied later than six months from the date of commission of the offense, and based on the results of an audit, inspection of financial and economic activities or an audit - later than two years from the date of its commission.

The specified time limits do not include the time of criminal proceedings.

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

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in previous

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

(as amended by Federal Law No. 90-FZ of June 30, 2006)

(see text in previous

Art. 193 Labor Code of the Russian Federation. Procedure for applying disciplinary sanctions

The employer must request a written explanation if an order is issued to impose a disciplinary sanction. So, in accordance with Article 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, the employer must request a written explanation from the employee.

Examples of writing an explanatory note at work

If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up.

Initially, the employer must document the offense (action or inaction) that is a violation of labor duties or discipline and for which it is planned to impose a penalty. In practice (depending on what kind of violation the employee committed), this fact is usually documented in the following documents:

— a memo (for example, when an employee fails to complete a task or uses the employer’s resources (Internet, copy machine, etc.) for personal purposes);

— an act (for example, in case of absence from work or refusal to undergo a medical examination);

— decision of the commission (based on the results of an investigation into the fact of damage to the employer or the fact of disclosure of confidential information).

The employer may apply disciplinary sanctions for failure to comply or improper execution employee of his duties (Article 192 of the Labor Code of the Russian Federation). Responsibilities must be stated in employment contract, job description or in local regulations the employer, and the employee must be familiarized with them under his signature (Article 21, Part 3, Article 68 of the Labor Code of the Russian Federation).

Thus, before requesting a written explanation, the employer must document the disciplinary offense you committed.

How to write an explanatory note

What is explanatory? This is documentary evidence of your guilt. If an employee has committed an offense, he is required to write a written explanation of the reasons and motives that guided him in committing illegal actions. If such a request is received from management, prepare for disciplinary action - Article 193 Labor Code, a remark or reprimand that will be entered in your personal file or your work record book.

It is enough to receive two such disciplinary sanctions and you will find yourself without a job. From a legal point of view - Article 81 of the Labor Code, the employer has the right to such drastic measures. However, he often interprets the law to suit himself and uses it as a “tool” for eliminating unwanted employees.

Explanatory notice is an employee’s right, not an obligation.

Before writing an explanatory note, think carefully about the consequences. Few people understand that their future fate will depend 90% on its content. Writing written explanation is a worker’s right, but not his duty. No one can force you to write it, much less fine you for not writing it. In this case, the maximum that the employer can do is to draw up an act on the employee’s refusal to provide an explanatory note, which, by the way, also does not have to be signed. You should always be guided by one single principle - “It is better not to write anything than to suffer later from what is written.”

An explanatory note is written only if you are presented with an act or other document about any violation by you (order, instruction, demand) or you have received an official written request from management describing the reason for such requirements and signed by management. You also have the right to request an official certified copy of this document, and the employer is obliged to provide it. No persuasion, threats or other verbal pressure is a reason for you to write a written explanation. Either you give a response to a written request received from management, or you don’t give it at all.

Don’t rush to write an explanatory note, even if your boss insists

In accordance with Article 193 of the Labor Code, two working days are given to write an explanatory note, taking into account your work schedule. That is, if you received a corresponding notification on the eve of your weekend, for example on Friday, you have the right to respond to it no later than the end of the second working day of the next shift, that is, on Tuesday. This time is more than enough to get advice from an experienced lawyer.

The explanatory note must be provided to the employer in writing. Its name (“letter”, “memo”, etc.) does not matter.

How to write an explanatory note - samples and examples + step-by-step instructions

The main thing is to correctly indicate the addressee and state the essence of the letter in a businesslike tone. At least you will protect yourself in the future from accusations of rudeness.

It is necessary to provide two copies of the explanatory note - one is given to the boss, the second remains in your hands with the boss’s signature confirming its receipt and review, ask him to put the date and time in the place with the signature. The principles of conducting business correspondence with your boss are described on another page. Perhaps your boss will refuse to certify a copy of the explanatory note; you will have to foresee this option in advance, and therefore try at this moment to enlist a witness, your friend, or take a voice recorder.

You never need to make excuses or admit guilt! The Employer will do this for you. If you are really involved in some dubious matter, the fact of your involvement will certainly come out over time. In the meantime, it’s worth writing a formal and dry answer according to the principle:

“Yes, I was at my workplace. He performed the work in strict accordance with his official duties,” “There is basically nothing to report on the substance of the issue.”

Ideally, if a professional lawyer writes a written response based on your words, the employer will decide on his own or involve the court a little later.

Remember that if you are given a disciplinary sanction, you have the right to appeal it in Court, from that moment you have exactly three months! Article 392 of the Labor Code. Not a day later, otherwise you will be denied due to missing the statute of limitations. If you were illegally fired, then your right to appeal expires one month from the moment you sign the dismissal order or from the date the work record book is delivered to you.

Almost every working person encounters situations where it is necessary to provide written explanations about a particular error made in the work process. Typically, management asks to provide such an explanatory note in cases where the violation committed is significant – i.e. a violation of labor or official duties has occurred, and it is necessary to restrain wages employee disciplinary action. And then the “violator” has the question of how to correctly write an explanatory note regarding errors in work so as not to provoke even greater anger from higher management.

The procedure for drawing up a written explanation

The explanatory note regarding the violations identified should be drawn up as follows:

1. The position of the person to whom the explanation is intended is indicated in the upper right corner.
2. Next, indicate the name of the organization.
3. Without abbreviations, the last name, first name and patronymic of the person for whom the explanation is intended.
4. The position of the employee providing this note and his last name, first name and patronymic, also without any abbreviations.
5. After the header has been filled out, the name of the document being provided is written, i.e. the word “Explanatory” is written in the middle of the line.
6. The explanatory text is written down.
7. The surname and initials of the employee compiling this document are indicated, as well as his signature and date of preparation.

A sample explanatory note looks like this:

Only the director can directly require an employee to provide an explanatory statement in writing, i.e. the employer himself.

Neither managers, nor heads of departments, etc. have the right to demand that the above explanation be written., although they can intimidate employees with this in case of any violations, which is unacceptable.
If there really was a violation on the part of the employee, then the best option for him it is really necessary to write an explanatory note. Since in case of refusal of this procedure, such behavior on his part may be regarded by higher management as a violation of discipline at work, which may entail more serious consequences, including dismissal under the article.

Read also: Vacation for harmful conditions Labor Code of the Russian Federation

Rules to consider when writing a note

How to write an explanatory note correctly so that the boss does not have the opportunity to find fault unnecessarily? Before starting to draw up the above document, it is better to consult with a lawyer. If this is not possible, then at least talk about the current situation with your work colleagues and listen carefully to their advice.

You should not lie, trying to justify yourself on paper, if you are really guilty of something. Since this behavior can lead to the creation of more big problems. After all, the lie will still be revealed, and the employee will be “stamped” as a liar and deceiver. This turn of events could cause significant harm career growth further. If the situation did not depend on you, but the management considered you to be guilty, you can add the following phrase in the explanatory text: “in this case, my actions were focused on the current situation” or “in this situation, I acted in accordance with the prevailing circumstances.” Such an explanation can help you get out of the situation with dignity. Also, this record may be useful if the case is considered in court.


Try to present the facts of violations more gently. For example, you should not indicate that you were late for work. This offense seems too serious and for this you can get not only a reprimand, but also a fine, which will have to be paid from your salary. If instead of “late” you use the word “delayed,” the authorities may treat this offense more leniently.

It is better to draw up the above document on a computer, and then, after verification, print it out, sign it and provide it to management. This is necessary in order to keep a secret about how worried you were when writing the note. If the document is drawn up manually, the director of the enterprise may expose your excessive anxiety, which will be completely reflected in your handwriting (crooked letters, unevenness when writing text on a line, etc.), which may also be reflected in how you are punished - with a fine or just a reprimand.


What should you do if you need to write an explanatory statement to a person on whom the situation that occurred did not depend and other employees are also to blame for what happened? The main thing in this case is not to blame others for everything that happened, thus trying to protect yourself from punishment. And approach the situation as objectively as possible and write a note as objectively as possible. A well-drafted explanatory note, a sample of which you saw above, can ensure that the director will only reprimand you and those who are responsible for what happened. This way, you will not only not set your colleagues up and save normal labor Relations in a team, but you will also look decent in the eyes of your superiors.


If the violation brought against you is serious enough, but you know that you did nothing wrong, and you are not guilty of anything that happened, then you can defend your innocence to the last, and even go to court to restore justice.
An explanatory note must be provided to the management of the enterprise by the employee within two working days.

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