Explanatory note at work - how to write correctly with an error, about the absence of a workplace, regarding violation, incident, misconduct: writing instructions, sample

Explanatory note: what kind of document is this, what is needed, the deadlines, samples of spelling in various situations

Contents

Explanatory note - a documentary step between the employee and the manager in case of disputed situations. The correctly compiled explanatory will “save” the employee not only from fines, but sometimes from dismissal. In this article we will talk about the rights and obligations of the employee and the employer, and about the situations in which such a document is relevant, and also offer samples of applications.

Explanatory note: a normative document or whim of management?

In connection with their non -casual title “Note”, many are not serious about this document. But it should be remembered that the explanatory note is a regulatory document that is registered in the Labor Code. We will analyze more details below.

So, the young worker Ivan was late for work for an hour, which, by oversight or unknowingly, did not notify the leadership in advance, which caused a certain negative resonance.

As Ivan sees the situation:

He went to work and even sat in a trolley. But the car flew to the meeting, and the trolleybus became a participant in an accident;
In a fit of emotions, Ivan was completely absorbed in passable, and among the first ran out of the trolleybus to provide first aid to the victims;
Since Ivan was an eyewitness to the incident, he testified and only then went to another transport to get to work;
The emotional level of Ivan’s tension was even high, and when he went to work, he heard swearing and unfair accusations from the head with threats of deprivation of the bonus, and even dismissal. He reacted negatively to the demand to write an explanatory note negatively and refused, because what to explain to him was not his fault!

As the employer sees the situation:

Workers, especially young people, often violate the mode of work and even walk, because they like to sleep and walk until morning, and even binges are generally a terrible dream of the employer. The level of emotions went through when the employee appeared an hour later in rumpled and dirty clothes;
The young worker answered with aggression to the aggression of the leadership, instead of explanation, and the Writing, which the master will have to take it to his leader completely refused!

In this example, we will analyze all mistakes made by both sides.

In case of being late or not appearing to work, the employee is obliged to notify the direct management. Currently, this can be done with one call or message;
If I did not notify, come to work and explain the situation verbally, if possible, documented (going to the hospital, photo from the scene of the accident, etc.). Even if the situation was not dependent on the employee, an apology will be appropriate for the fact that the production process has been violated. Despite the fact that this moment is not spelled out in the Labor Code - this will make it possible to establish relations with the leadership;
The manager must in a calm form clarify the reason for failure to appear or delay in work, and then prepare an order to request an explanatory note, and take a signature from the employee that within two days after the signing of this document the employee will bring an explanatory;
Regardless of consent or disagreement, the employee sign an order - he has two days to write an explanatory. The Labor Code states that even if the order was not written, the employee retains two days to submit an explanatory note to the management;
After two days, the manager has the right not to accept the acquittal, but this is at his discretion. Two days are given so that the employee can correctly and reasonably draw up a document, as well as collect additional certificates if necessary and even consult a lawyer;
The reception of the explanatory is recorded in the document management of the enterprise and an incoming number is assigned to him (if desired, the employee takes a copy of the document with the incoming number);
The situation is considered and the decision is made to notify the employee in writing (if any punishment) within 30 days according to the Labor Code;
If the employee does not agree with the reprimand, he can challenge him in court.

In addition, if the employer violated the process of recovering and accepting an explanatory note, the court always takes the side of the employee. Therefore, the employee has more chances to defend his rightness.

What are the terms of writing and filing an explanatory note?

The employee is obliged to write and submit an explanatory note to the management within 2 business days. After that, the leader has the right not to accept the document. Also, the leader does not have the right to demand an explanatory note “Immediately”, since the terms are indicated in the legislation.

Explanatory note: Sample

So, we figured out the rules for submitting and taking an explanatory note, as well as in the further actions of both parties. Next, we offer to go to the samples of explanatory notes.

At first it is worth noting that there is no single form and sample note, and nothing is indicated in the labor legislation on the form of writing. But still it is worth remembering that this is a document, therefore, the writing style and the language of the presentation are business. Brevity is the soul of wit.

We give a step -by -step sample of compilation of an explanatory note:

The "hat" is standard. The head of the name, the name of the enterprise, from the name, and position;
From the new line "Explanatory";
From the new line “I, a name, a position, being in a workplace or at a sick leave or ... and further an explanation of the situation briefly, not forgetting that the structure is brief in the case”;
Additionally indicate the place and time of the incident;
Below indicate the availability of documents that you attach if they are available;
And at the end, the date, name, signature.

Do not forget to control the note that the incoming number is assigned, since this is a confirmation of the adoption of the note by the organization.

An important nuance. The employee can never be sure of the consequences of the submitted explanatory note. Indeed, in words it is often beautiful, but in reality fines, deprivation of a bonus and even dismissal. And everything will be a logical explanation - the person himself pleaded guilty. Therefore, always leave your retreat.

For example, if you write an explanatory yourself, or from an oral instruction of the leadership, write it down. Indeed, in the case of going to court, this will be an error on the part of the Office, which means that it will increase the chance to challenge the situation and punishment. If the order was issued - indicate the date and number of the order, so that later they can not be replaced by more “convenient” for management.

An example of an explanatory note about being late for work without good reason

Sweet morning sleep, the vagaries of the child, a beautiful girl in a coffee shop or sleepy the wrong bus - disrespectful reasons for being late for work or not at all a job. In such a situation, it is best for the employee to try to agree with the leadership “amicably”, having worked for additional hours, without leaving for a break or go on a weekend. But if the leader requires an explanatory note, then it is best to write it with a dry business language, with a promise to improve.

For example, Marina was late for work, since the morning in principle did not set. The son sobbed and refused to gather in the garden, her husband’s sister called, and she drove several stops on emotions. But at work it is better not to voice this, as well as not to write in the document. It is better to draw up a document in this way:

“I, Marina Marina Vasilievna, food production technologist began a working day on 5.06.2020 an hour later, at 10.00, instead of 9.00 due to delaying transport on the road. In the future, I promise to establish a question in such a way as to get to work on time. I am ready to work out an hour that I was absent at any convenient time. ”

As you can see, everything is stated dryly, in the case, the reason is indicated, the promise to avoid it in the future, as well as a way to correct the situation by working out this time. In this situation, it will be difficult for the employer to fine or dismiss an employee, unless, of course, this is the 30th explanatory for a month.

How to write an explanatory note about being late for a good reason

In this section, we give an example of writing an explanatory note about being late for work for good reason:

“I, Petrov Ivan Andreevich, a locksmith of the 1st category, was late for work, starting to it from 12.00, instead of 7.00 for the reason, which impersonate from me, namely, jamming of the entrance door of the entrance, which entailed a challenge of the Ministry of Emergencies. This situation was notified by the direct management, master of the workshop Vasiliev O.O. In telephone. Additionally, I attach documentary evidence from the Ministry of Emergencies in the form of a certificate. ”

In this case, do not forget to request a document for work with the employees of the services. At the same time, an employee cannot be fined, deprived of a bonus or dismissed, as he notified the management accessible to him, and also brought confirming documents to work.

An example of writing an explanatory note on non -fulfillment

In order to know what you should or should not do at work, you must be familiar with your official duties. For each position, they are clearly spelled out, and you need to get acquainted with them when applying for a job, or if you did not, visiting the personnel department. If you have prescribed responsibilities, but you have not fulfilled them, you must require an explanatory note and only then impose a penalty.

Remember that indicating the reason “I did not know that I should do this” cannot be done. But you can indicate the reason - "this is not my official duties." But again, it really should not be your responsibilities.

So, there was an incident. A note is written in the name of the leadership:

“I, Korneev Igor Vladimirovich, the welder of OJSC“ Stroy ”cooked heating pipes at the facility at ul. New, d. 1, and at the end of working time taking the tool, left the workplace. The remaining components in the form of pipes and radiators did not hand over the master because the latter was not in place, and the object under guard at night.

In the morning, the components were not in place. I admit my part of guilt, because I did not fulfill obligations without reporting to the master about the work done and the remnants. But I ask you to take into account that the object under the protection and at the entrance has CCTV cameras confirming that I have not appropriated the property of the company. ”

In this situation, the welder is likely to lose the bonus, but will not pay for compensation for stolen pipes and radiators, as he indicated that there is protection and video surveillance that bear material liability.

An example of writing an explanatory note on non -fulfillment

And another explanatory:

“I, Ivanova Ivanovna, the secretary of Malina LLC, completed its part of the work on 05/30/2020, preparing a report on transactions for the current month, and sending an e -mail report to the manager, and to regional administrations. Since I work, for the first month, I did not know that it was also necessary to print the report, sign it and send the paper version by courier.

At the moment, the issue has been resolved, in the future I promise not to do such violations. I printed out and storage on the desktop. ”

An example of an explanatory note on the misconduct at the workplace

It happens that the misconduct at work entailed a negative reaction from the leader. To make a warning or punishment, the manager may request an explanatory at the employee. We give an example.

“I, Ignatov Alexander Vasilievich, a waiter of the Railway Cafe, 7.07.2020 at 20.45 Nakhamil to the client, in connection with the situation. The client was drunk, and at the request to pay the bill, began to be rude and shouting that the food is tasteless, and the table was dirty. According to the job descriptions, it was necessary to call security, but I allowed the misconduct and the client re -in response, which earned the negative reaction of other customers. From now on, I promise to prevent such misconduct and work exclusively according to the instructions. ”

An example of an explanatory note on the misconduct at the workplace

An example of an explanatory note about the incident

In this section, we give an example of an explanatory note about the incident, even if the employee is not to blame for the situation.

“I, Yashin Alexander Aleksandrovich, the driver of the bus No. 45 of Ivanovo, 05/25/2020 followed the route to the green light, crossing the complex intersection. At this moment, at a speed of 140 km/h, Volkswagen Golf crashed into the bus, which caused an accident, damage to the car and hospitalization of passengers.

The data was recorded on the video recorder, and the document from the traffic police called to the scene is also attached. ”

In this situation, the driver is not guilty, but to clarify the situation, the leadership could demand explanatory notes from him and other participants in the movement, including passengers.

Explanatory note: Inattention

Inattention in the workplace is often called a “human factor”, while actions in care can lead to completely unexpected, and sometimes tragic situations. It is not surprising that the leadership requires explanatory notes for inattention.

“I, Ivanova, Marina Nikolaevna, the column of the highest category in the restaurant“ Three wild boars ”worked on 19.06.2020 on a cold workshop and, with inattentiveness, added corn instead of green peas, which caused a client’s negative.

The situation was corrected by preparing a branded dish at the expense of the establishment and serving the client personally along with the correctly prepared Olivier salad. I ask you to take into account that, due to the disease of the replacement of the cook at the time of the incident, the 15th day worked, which caused fatigue, and as a result, inattention. In the future, I promise to avoid such situations and be more attentive. ”

We summarize: An explanatory note is an acquittal-explanatory document that allows the employee to explain the situation and smooth out the omissions with the leadership, or even avoid punishment. Do not neglect your rights, as this document is needed to resolve disputed situations.

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