Explanatory note: how to write, sample

What is an explanatory note? How to write an explanatory note to the boss at work for absence from the workplace or for failure to complete the assignment? You will learn about this in this article, and you can also see examples of explanatory notes.

In the event of unlawful disciplinary action, contact an employment lawyer.

Examples of explanatory notes

Examples of cases where an employee may be required to write an explanatory note can be: absenteeism, being late, failure to complete an assignment, violation of the deadlines for its implementation, and so on.

An example of an explanatory note on non-compliance with an order

Head of the convector production shop at Kalibr LLC

Sitkevich Yu. R.

from the stamping shop Igunov N.A.

EXPLANATORY LETTER
On non-fulfillment of the order for loading convectors dated January 15, 2016

I, Igunov Nikolai Andreevich, having analyzed the situation in connection with the failure to fulfill the order for loading convectors on January 15, 2016, I explain that I did not load the convectors into a truck for export to the paint shop, due to a sudden deterioration in health. Attached is a medical certificate.

15. 01. 2016 Igunov N.A.

excuse for being late

To the Marketing Director of Image OJSC Maykov E.P.

from customer acquisition manager Zolotov K.R.

EXPLANATORY LETTER

about being late 01/16/2017

I, Zolotov Konstantin Robertovich, on January 16, 2017, on my way to work, driving along the bridge over the Volga River, in a fixed-route passenger taxi No. 235, was a victim of an accident. The taxi driver violated the rules of the road, resulting in a collision with a passenger car. For this reason, I was forced to walk to the nearest bus stop, and was 45 minutes late for work, which is why I was late.

Please note that my lateness to work was the result of circumstances beyond my control.

January 16, 2017 Client Acquisition Manager Zolotova K.R.

Explanatory note about absence from work

E. P. Paltsev, Marketing Director of Ilita LLC

from the customer acquisition manager Sbruev K.R.

EXPLANATORY LETTER

on non-fulfillment of the instruction on January 18, 2016

I, Sbruev Kondrat Rashidovich, was absent from my workplace on January 17, 2016 due to the following circumstances.
According to my job description, my immediate supervisor is the head of the branch of Ilita LLC Semenov K.K. According to the job description, as an employee, I am obliged to fulfill the instructions of the head of the branch.
On January 17, 2016, the head of the branch Semenov K.K. I was instructed to go on a business trip to the city of Uryupinsk, in connection with which I was absent from the workplace.

January 16, 2016 Client Acquisition Manager Sbruev K.R.

Legal meaning of explanatory notes

An explanatory note has important legal significance as an integral part of the procedure for bringing an employee to disciplinary responsibility. According to Article 193 of the Labor Code of the Russian Federation, the employer must request a written explanation before bringing the employee to disciplinary responsibility.

A documented explanation, first of all, helps to establish the truth, reflects the employee's view of what happened, his attitude to the misconduct and its consequences.

On the other hand, if the employee admits guilt in committing an offense, he has the opportunity to repent of his deed, to assure the employer of the accidental and unintentional nature of his misconduct. If the employee believes that he did not commit a misconduct, he has the opportunity to explain his own arguments and provide the necessary evidence.

It happens that a thorough analysis of the content of the explanatory note helps the employer not only not to punish the employee, but also to determine the real culprit of the violation. Therefore, the explanatory document contributes to an objective assessment by the employer of the current situation and allows you to fairly assign (or cancel) a disciplinary measure in relation to a particular employee.

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

• whether he considers his behavior unlawful, i.e. violating the performance of labor duties, with arguments confirming their own position;
• does he admit his guilt?
• what caused this offense?
• how does the employee assess the negative consequences that the employer has in connection with this misconduct?
• Does the employee consider it fair that he or she may be subject to disciplinary action?

At the same time, it should be remembered that the employee may refuse to write an explanatory note without consequences in the form of applying legal liability measures to him for such a refusal.

Explanatory note according to the Labor Code of the Russian Federation

Employees are often faced with the requirement of the employer to write an explanatory note in response to a disciplinary offense or failure to complete the assignment within the prescribed time. At the same time, few people know how to write an explanatory note correctly in order to avoid or mitigate the punishment? What is the legal significance of this document and what is its role for each of the parties in the event of a litigation regarding the imposition of a disciplinary sanction?

Let's start with the fact that an explanatory note is a business document, which is a written explanation of the reasons for a particular event, act or other fact that has occurred, most often of a negative plan. Regarding the content, explanatory notes are divided into:

• explaining certain provisions of the work performed (report, project, etc.);
• drawn up in the event of emergency situations: violation of discipline, misconduct, etc.

The purpose of the explanatory note is to conduct an internal investigation into the causes of the event and identify those responsible for what happened, followed by the adoption of measures to impose a penalty.

Article 193 of the Labor Code of the Russian Federation contains a provision that the employer is obliged to request a written explanation from the employee in the event of an alleged disciplinary offense. The refusal of the employee to provide an explanatory note does not exclude the employer from the right to apply a disciplinary sanction to the employee.

If after 2 working days 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 an appropriate act.

Therefore, we can conclude that writing an explanatory note is, first of all, a good opportunity for the employee himself to avoid or mitigate liability, if he is sure of his innocence. And the behavior of the employer will depend on how well the explanatory note is drawn up.

How to write an explanatory note?

How to write an explanatory note to your boss at work? When writing, keep the following in mind.

An explanatory note reflecting any misconduct or incident is drawn up in free form on a piece of paper and addressed to a specific official.

The explanatory note must be written:

• First person;
• In a business style of presentation, without the use of profanity;
• As short as possible, logical and reliable.

The structure document can consist of two parts:

• The factual part, indicating the facts that gave rise to its writing;
• Descriptive part, with an explanation of the causes of the event.

• The employee should carefully consider the situation and, if possible, consult with a lawyer before proceeding to write an explanation.
• At the beginning of the explanatory note, it is necessary to indicate on what occasion the explanation is given.
• There is no need to rush to admit facts that the employer cannot prove.
• It is advisable to indicate that you are a conscientious and diligent employee, you have never been brought to disciplinary responsibility.
• If you have indeed committed a misdemeanor, it will not be superfluous to indicate extenuating circumstances.
• Make a copy of the explanatory note and keep it with you.

Explanatory note form

Requirements for the form of an explanatory note are not established by law, therefore many organizations develop and approve internal standard forms of explanatory notes. These forms are also not mandatory for the employee. A document drawn up in any form is also valid.

However, there are generally accepted requirements for the content and form of an explanatory note. It must contain the following data:

• Name of company;
• Recipient data, indicating the full name of the official;
• The name itself is "Explanatory Note";
• Subtitle to the text of the note (for example: “About ...”, “Regarding ...”);
• Date of compilation and registration number of the document;
• Explanation text;
• Name of the compiler and signature.

The material was prepared by order of the law firm "Dominium"