Everyone sometimes has "punctures" at work - being late, voluntary or involuntary violations of discipline, etc. What should be expected from the employer in these cases?
Article 193 of the Labor Code stipulates that the application of disciplinary action by the employer to the employee in case of violation must be preceded by a written explanation of the latter. That is, you need to take an explanatory note from him. What it is? How to write explanatory notes? Faced with this for the first time often get lost and start to panic. Meanwhile, everything is not so scary.
An explanatory note is a document containing the official version of what happened on behalf of the "fined" employee with his signature and date. The refusal of a subordinate to provide the required explanation is not a reason for foreclosure. But in this case (if the explanatory document is not available within two working days), a corresponding act must be drawn up.
Who can demand it?
Hence the conclusion - it is the employer who has the right to demand an explanation, and not everything in a row (for example, the representative of the inspection bodies does not have this right). And the other - it’s better to write an explanatory note in order to clarify the situation as much as possible and to document the valid reasons for the violation.
In case of further disagreements with the authorities, an explanatory document is an officially adopted document, which may work in your favor. The absence of it gives the right to the authorities to interpret your actions at your own discretion.
Do not lie!
There are unspoken rules on how to write explanatory notes, which must be followed to avoid even bigger troubles. First of all, never write in an explanatory lie. The likelihood of incriminating unreliability is very high, and you lie will further damage your reputation.
Do not try to shift the blame on colleagues, as in this case, explanatory will also demand from them. Each will provide its own version, and it is not yet known what details may come up. And you’ll definitely make enemies.
"I did not know..."
Do not write that they did not explain something to you and did not teach you anything. There is a job description, you signed it when applying for a job. Normally, all your responsibilities, the area of responsibility, and most force majeure situations should be clearly stated in it. It is better to go through its provisions once more before writing explanatory notes in order to know exactly what is not necessary to write.
If you persist in your own ignorance, the employer will require an explanatory note from your immediate supervisor, who, at your appointment, was obliged to tell and show everything. And this is no better than explanatory from colleagues.
Instruction is our everything
How to write explanatory notes in accordance with all the rules? To give weight to the document, it is better to compile it, referring to the points of the job description. Explicit misses can be presented as an incorrect interpretation. And if you really want to blame someone, without undue emotions refer to misunderstandings on the basis of different interpretations of these very points. Or, in extreme cases, a biased attitude.
A little trick: to minimize the feeling of guilt and give the situation a business character, head the document not “Explanatory” but “Explanatory Note”.
If your violation is too obvious, and it makes no sense to get out, the best way out is to refer to the disease, poor health, overwork at work.In this case, at the end, be sure to indicate that you acknowledge the mistake and henceforth undertake to prevent this from happening.
Writing form
How to correctly write an explanatory? All explanatory notes are written according to a certain template, which includes, first of all, an indication of the organization, position and name of the person to whom it is addressed. Then - from whom exactly (also indicating the position) and the name "Explanatory (or explanatory) note."
The text, as a rule, begins with the words “Relative ...” or “Regarding ...”, followed by a direct description of the situation. It should be informative, but without inconsequential details, and written strictly in essence.
At the end of the explanatory, the surname of the compiler is indicated, his signature and the current date are put.
When is she required
In what cases is an explanatory note written at work? A list of possible situations is provided in the Labor Code. Let's take a closer look at them.
Most often, explanatory notes are written in cases of violation of labor discipline. These include: being late, absent for 4 hours or more at the workplace, appearing drunk at work. By the way, in the latter case, you can be fired immediately.
Check the verifier
Another, no less frequent option is checks and revisions. Based on their results, an act is drawn up listing all the identified violations and inconsistencies. Such an act must necessarily contain a link to the paragraph of the instruction violated to you.
It happens that inspectors copy the form of the act from previous inspections (violations, as a rule, are of the same type), without bothering to check the relevance of laws and instructions. In this case, references to already repealed provisions are possible.
How to write an explanatory note in this case? In your own interests, you should compare the alleged violations with the points of the job description. In some cases, it may turn out that there was no violation as such. Indicate this in the supporting document. If the acts are not drawn up in form or do not contain references to regulatory provisions, it will be difficult, if not impossible, to prove the violation.
Oh, these colleagues ...
Another option is found when memo “dashed off” from a neighboring department or structural unit. There can be many reasons for this. How to respond? If claims are made by a higher authority, it is better to report in detail to avoid misunderstandings.
When colleagues at the same level as you are sneaking, it will not be superfluous to find out the background of what is happening and present your own version to the authorities. How to write an explanatory in this situation? The question is not simple, a lot depends on the existing relationships and atmosphere in the team.
What should be written when an explanation is inevitable?
If you are late
So, consider being late for work (a widespread option). Strictly speaking, in the current shopping center there is no concept of “delay”. The law uses the term “working hours” and refers to “absence from the workplace without good reason”. That is, the employer has the right to apply sanctions if you were not at work at any time during the working day.
What kind of sanctions? If, due to your absence, the proceedings have not been stopped and losses have not occurred, the maximum penalty is a reprimand or a remark. But the concept of “lateness” is usually governed by the organization’s own (internal) regulations that you signed when hiring.
Don't get lost
An example of an explanatory note about late for work difficult to bring - each case is individual. But the general principles of its writing, of course, exist. This paper, like others, is written in the name of the head and bears an explanation of the situation and the reasons for being late. Be sure to indicate the date of compilation and, of course, a personal signature.
If you plan to continue to dispute the impending consequences of being late, take care of writing this document in duplicate.The first will go to the office, the second with the secretary's mark of acceptance remains with you.
A good example of an explanatory note about being late for work is when, after indicating the reasons for the violation, our attitude to the situation is clarified, for example, "on the basis of all the above, I consider the reason for being late" to be respectful. "
If there are any documents to justify your absence from work (certificate of visit to the clinic, subpoena etc.), they must be attached to the explanatory.
You are truant
In the case of absenteeism, which the Labor Code considers to be absent for 4 hours or more at its workplace, the reason is most often disrespectful. An exception may be a force majeure situation - for example, an organization courier was detained by police officers in the course of duty and taken to the department to verify his identity. Moreover, he did not have the opportunity to contact his superiors and clarify the situation. In justification, you must provide a copy of the protocol.
If an employee has been "lost" at work for a long time (a situation is possible, for example, in a large enterprise with many workshops and a large number of personnel), then the reasons for this can be very different. For example, acute toothache and an urgent visit to the dentist. It happens that a person does not have time or is unable to warn about the need to urgently leave work. Then you need to stock up with a certificate from the clinic indicating the date and time you were at the reception.
If you have a personal injury
Not every explanatory is connected with fault. Sometimes it is necessary in circumstances beyond your control. For example, in the event of a personal injury. If you were injured, which is fixed by the sick leave, at work you will have to describe in detail the circumstances of the incident. This is required to pay for your disability certificate.
In this case, the commission for social insurance the organization is provided with an explanatory note for the injured. A sample of it can be taken from the chairman of the said commission. The note should contain a description of the accident indicating the medical institution issuing disability certificate and the validity of the latter.
Explanatory to school
In addition to explanatory notes at work, from time to time all parents have to draw up a similar document for the school where the child is studying. As a rule, one thing is required - to state the reasons for students to miss classes. The form of such an explanatory may be arbitrary, but it is better to adhere to a certain structure.
How to write an explanatory letter to school?
The document heading should contain the number and name of the educational institution and the surname of the person in whose name it is written (usually the director) in the dative case. The heading “Explanatory Note” is given without quotation marks.
In the text after indicating the fact of skipping classes (with an exact date), the reasons for this fact are actually given. Most often, this is a disease or feeling sick, participating in a competition or family circumstances (for example, a trip to somewhere).
The explanatory must necessarily bear the date of its compilation and signature.
12/02/17 there was an inventory of the warehouse, my branch late sent the results of the inventory to the superior manager.