Explanatory note: basic rules for writing

The current law does not establish a clear definition of the concept of " explanatory letter". Despite this, in the course of labor relations developing 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, the security service, and law enforcement agencies. Such actions are conditioned by labor legislation, which obliges employers in a number of situations to require a written explanation from employees about their actions (TC: article number 199, article number 408).

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

Generally speaking, an explanatory note means non-normative documentation explaining the conditions, reasons for an action, an incident, inaction, or the occurrence of a certain fact. It is drawn up by an employee of the company and provided to the head, higher persons.

According to the constitution, namely its article at number 27, the preparation of this paper is a right, and not an 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);

- until an order is issued regarding the collection of a certain amount from the employee's salary (according to article 408 of the Labor Code).

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

What are explanatory notes?

The document in question could be:

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

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

As a rule, it addresses issues related to the following aspects:

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

Absence or absenteeism at the appointed time at the workplace;

being late;

Theft of another's property committed at the workplace;

Violations of the norms and requirements of labor protection;

immoral acts;

Providing incorrect information to various authorities;

disciplines;

Poor quality, incomplete performance of duties.

Rules for compiling an explanatory note

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

Some enterprises use a 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 issued in advance regarding the approval, 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 gave rise to the creation of the document in question);

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

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

Unlike a memorandum, the document under consideration may lack a logical part, where the conclusions drawn, the existing proposals are written.

In addition to everything listed above, the following must be indicated in the explanatory note:

The name of the company where the employee works;

Place of drawing up the paper;

Information about the recipient (name, position);

Name of the document "explanatory note";

The date the document was written;

Registered number;

The signature is put.

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

You need to know!

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

After all the materials of the case are considered, the employer or other authorized person establishes / does not establish resolutions for the contractor on the document (indicating specific actions).

With regard to the retention period for submitted documents, it is 3 years for the Ministry of Industry and its subordinate companies.