Why do they write an explanatory note?
A person has to write an explanatory note not because the addressee is actively interested in the events taking place in the author’s life. Statement of the circumstances of the incident from the point of view of its participant is an opportunity to make a fair decision. The reason for writing an explanatory note is most often negative events: being late for work, missing school, an unfulfilled assignment, etc.
In cases where the culprit faces serious punishment - for example, dismissal or disciplinary action - an explanatory note can become a reason for lifting sanctions or, on the contrary, will be a supporting document.
Sometimes explanations become an argument of the parties in court; they can protect the employee or employer from liability or become evidence.
In what cases is an explanatory note written at work?
If an employee commits any illegal actions at his workplace, or, conversely, fails to act, the employer may require him to provide a written explanation of what is happening.
If an employee does not fulfill his immediate job responsibilities, violates labor discipline or the daily routine at the enterprise, then the employer has the right to apply disciplinary action to such a negligent employee. But before this, he must request a written explanation from the employee, which will describe the reasons for the employee’s committing such an act.
It is better to write the explanatory note by hand. This confirms the authorship of the offending employee. As judicial practice shows, cases of refusal of authorship of official documents that were printed on a computer are quite large.
A written explanation is used when it is necessary to prove the valid reasons for what happened. Since before applying disciplinary punishment to an employee, the employer must carefully understand what happened, the explanatory note explains the details.
Each explanatory note must set out in detail all the details of what was done so that the employer can clearly understand whether his employee is at fault in what happened or not. In addition, the note can also be of an exculpatory nature, when the employee explains in detail to the employer that he is not to blame for what happened.
The law allows 2 working days for drawing up a note. If the note is not submitted to the employer within this period, a statement of non-submission will need to be drawn up. The presence or absence of a note in this case will not in any way affect the application of disciplinary action.
The employee is obliged to explain to the employer what was the reason for committing a particular act. Circumstances may vary, but they all lead to the following violations of labor discipline:
- late for work. The reasons may be valid or disrespectful. But the employee must clearly describe them. The law does not stipulate what reasons are valid. This will be decided by the boss. But, for example, an injury on the way to work will be considered a valid reason for being late;
- failure by an employee to fulfill his direct job responsibilities, or performing them incompletely, which leads to a decrease in the performance of a department or other structural unit;
- absence from work without good reason and without appropriate documents;
- employee injury. The incident must be related to the negligence of the employee himself;
- the employee did not fulfill the instructions given to him by the employer or his immediate superior. At the same time, the issued order is not part of the main responsibilities of this employee;
- the employee is present at the workplace under the influence of alcohol, drugs or toxic substances. This fact must be confirmed by a medical report. The fact that he “smells” is not proof. There are no valid reasons for such a violation, so the employee can only write an exculpatory explanation;
- the employee did not provide his immediate superior with reliable information about the state of production activities on the equipment entrusted to him;
- violation of life safety rules that are provided for at this enterprise and which are enshrined in the relevant regulatory act.
Only the employer, or an authorized person who has the right to make decisions on the application of penalties, can demand written explanations. Such an authorized person must be appointed to the position directly by the employer, or by a general meeting of company participants.
The employee has the right not to write an explanatory note at work, since it directly or indirectly confirms his guilt in the incident. But, as practice shows, if an employee refuses, the employer finds him guilty and imposes penalties on him up to and including dismissal. At the same time, the refusal to write an explanatory note to the manager must be in writing, otherwise the employer will not prove, in the event of a trial, that he demanded explanations from the employee, but he did not provide them.
But it’s better to write explanations and present all the facts honestly. Then there is a possibility that the employer will “get into” the problems of his subordinate and forgive him. As a result, no punishment will be applied.
The explanatory note is written by hand on a regular sheet of paper or on the company’s letterhead. It should include 2 parts:
- factual - this is a statement of the fact of being late;
- explanatory – here the employee explains why he was late. In this part of the document, the employee provides reasons and arguments that can justify (or at least explain) the fact of being late.
Where are explanatory notes written?
Explaining your own or someone else’s behavior is accepted in several areas:
At the place of work
A note is written by an employee if he violated labor discipline (was late for work, came drunk, did not submit a report on time, did not wear special clothing, etc.), caused material damage to his employer, is involved in a labor dispute, and in other similar situations. Explanatory notes for lateness and other incidents are usually submitted to the personnel department, the head of the department, or directly to the employer (if it is, say, an individual entrepreneur).
At the place of study
In this case, there may be two options. If we are talking about a school, the explanatory note is written by the parents or the student himself (depending on the age of the student). In higher and secondary educational institutions, notes are written by the student, and in some cases by his parents or legal representatives.
To a kindergarten
Explanatory notes are submitted to preschool institutions by parents, and they explain their actions (for example, the reasons for the child’s absence or late payment), and not the actions of the children.
How to write an explanatory note correctly?
How to write an explanatory note? There are no strict rules for its compilation. But in practice, the note indicates the details. If any of them is missing, the employee will be forced to rewrite the document. The mandatory items are:
- company name;
- last name, first name, patronymic of the manager;
- employee and his data;
- what is the name of the document;
- registration number;
- statement of the factual circumstances of the case;
- date of writing;
- signature of the offending employee.
HELP: how to write an explanatory note at work? The text of the paper should be official and businesslike. The employee should not express emotions in it, nor use everyday expressions.
Explanatory note to school
A child may be absent from class or school due to family or other reasons. The administration of the educational institution, represented by the class teacher, requires an explanatory note from the legal representatives of the minor.
Explanatory note for school - where to get a sample and how to write it? There is nothing complicated in this document, it is written on a regular sheet of paper, the addressee is written at the top, and the words “explanatory note” are written in the middle. The most important thing is to reflect the reasons for the child’s absence from school, and also sign the paper with the transcript. Put the date of writing.
Explanatory note to the institute
Compiled by analogy with school. If an applicant is asked to explain why he did not attend a class or behaved inappropriately, the parents must write a statement. If the student is over 18 years old and has legal capacity, then he will have to explain the reasons for his behavior.
Explanatory note to the police
A citizen has the right not to explain anything to the police. In a situation with law enforcement agencies, explanations are given according to the summons (Article 211, Part 2). It indicates in what case the person was summoned to the police department and in what capacity. In addition, the consequences of failure to appear without reasons are indicated, which will seem valid to the employees of the authorities. The citizen has the right not to give other explanations outside a certain category of cases!
Explanatory note for work
There are many examples of explanatory notes for work and instructions on how to write them on the Internet. The employer has the right to demand an explanation from a subordinate about an incident at the enterprise. There are many options: an accident, being late, absenteeism, being intoxicated.
A person is given 2 days to write a note. The document is written by hand. The law does not directly prohibit its compilation on a PC, but employers prefer to take a handwritten version from employees. The note must reflect the factual circumstances of the case, as well as the required details.
Deadlines for writing explanatory notes
Labor legislation establishes a clear deadline for providing an explanatory note. Article 193 of the Labor Code of the Russian Federation obliges the employer not to impose a disciplinary sanction within two working days after the request for an explanation from the employee. If the employee does not write a note within these two days, the period is considered expired.
The administration of these organizations decides at what time to provide explanatory notes at the place of study, kindergarten and other institutions, and the period must be reasonable.
Legal meaning of explanatory notes
Such notes have significant legal significance, especially when it comes to labor relations. According to the Labor Code of the Russian Federation, employee explanations are a mandatory part of the procedure for bringing to disciplinary liability. Until the explanatory note is received (if the deadline for its provision specified in the previous chapter has not expired), no measures can be taken against the employee.
It is not only the fact of providing an explanation that is important, but also its content. Based on the note, the employer can either apply the maximum possible penalty or cancel the employee’s punishment completely. In other words, if you were late for work or did not complete any assignment for a good reason, then an explanatory note can save you from punishment from the employer.
At the same time, writing an explanatory note is not mandatory for the employee; he can refuse to do so without any legal consequences (except that the employer will make a decision based either only on his own assessment of the situation, or on the assessment of witnesses and other participants in the event ).
Method of writing an explanatory note
Legislation and everyday customs provide for two ways of writing explanatory notes:
- Writing by hand is the preferred method because it allows identification of the author and also makes it possible to avoid forgery. But even if the note is not written by the author himself, it must contain his own signature.
- Writing on a computer is more often used in organizations where a clear form of such documents has been established. Whatever the text, the signature must be handwritten.
How exactly to write an explanatory note is the personal choice of its author.
How to write an explanatory note
Despite the different requirements for the form and type of explanatory note in different organizations, there are also general requirements.
Addressee of the explanatory note
Depends on the size of the organization, as well as the reason for writing the note. If the enterprise or institution is small, an explanatory note is written to the manager. In organizations with a complex structure, the addressee may be the head of a department (head of a workshop, department, department, section, etc.).
If we are talking about explanatory notes at the place of study, they are usually submitted to the rector or head of the academic department, or the school director. In kindergarten - addressed to the head.
Explanatory note to the Tax Service
Order No. 43n dated July 6, 1999 of the Ministry of Finance of the Russian Federation regulates the procedure for submitting financial statements. According to the document, an explanatory note is being prepared. It contains information about the financial activities of the institution.
The content depends on the requirements of the Tax Service. The purpose of its preparation is to explain the policy of a legal entity, an objective assessment of its activities, control of the financial situation and debts to third parties.
To the reporting data:
- organization budget
- profit and expenses
- attachments
- debts to debtors and creditors
- shares and assets
If the request is initiated by tax authorities to clarify reporting data:
- TIN
- registration number of the tax authority letter
- data of the document on which the information is being clarified
- expenses and losses for the reporting period
- addressee (tax service data)
- existing discrepancies in data
The content and form of the explanatory note may vary significantly depending on its purpose and the institution that prepares it, the scope of its activities. This small information material sometimes confuses novice specialists. Therefore, it is necessary to take into account not only the GOST standard, but also the individual requirements that apply to the document at the place where it is required.
Top
Write your question in the form below
Samples of explanatory notes
Despite the fact that the text of the note can be invented from scratch, there is no point in reinventing the wheel. We offer you examples of explanatory notes that you can successfully use in your life situations.
Explanatory note at the place of work
There may be several reasons for drawing up such documents.
About failure to fulfill official duties - the watchman did not walk around the territory, as a result of which theft occurred, the accountant did not send a report, because of which the company suffered losses, etc. In this case, you need to find compelling explanations for your actions (or inaction). It is highly undesirable to blame colleagues or management for what happened; the note should explain your behavior.
Sample explanatory note for work
2 About errors in work - we mean unintentional errors in calculations, in the actions of the employee, etc. The best strategy here is to admit the mistake and promise not to do it again. An attempt to blame another person for an error is permissible only if there is documentary evidence.
Sample explanatory note for work about errors
about violations of labor discipline - absenteeism, tardiness, absence during working hours, violation of instructions and regulations, etc. Since most of these violations attract at least disciplinary action, the reason must be described very convincingly.
Sample explanatory note for work about being late for work
Sample explanatory note about absence from work
Explanatory note at the place of study
The text depends on the place where the note is submitted, and on whether the student himself explains his action or his parents do it:
1 To school - most often parents explain the reason for their son or daughter’s absence from classes. This could be illness, participation in competitions or other events, or family circumstances. If in the lower grades the class teacher most often does not require documentary evidence of explanations, then in the upper grades, if there is no certificate from a doctor, convincing arguments are required in the explanatory note to the school.
Sample explanatory note to school
2 To a university or secondary specialized educational institution - parents or the student himself explains the reason for absence from lectures, seminars or exams. Poor health or undocumented illnesses will not go away more than once.
Sample explanatory note to the university
Explanatory note in kindergarten
This is a document on the basis of which parents can, for example, return the amount paid for the child’s food on the day he missed. But valid reasons for absence are required.
Sample explanatory note to kindergarten
Sample explanatory note about absenteeism
To the commander of military unit 55555, Lieutenant Colonel S.S. Pavlenko. from an employee of the RF Ministry of Defense, mechanic of the logistics department O.S. Petrov.
Explanatory letter
Regarding absence from work on July 29, 2010, I, Oleg Semenovich Petrov, was unable to go to work on July 29, 2010. The day before, on Sunday evening, there were guests at my house, there were few snacks, but a lot of alcohol. I myself didn’t understand what happened, only I woke up late in the evening with a terrible headache, and there were no more guests in the house. I decided to clear the dishes from the table and lie down a little longer. The next time I woke up, it was late Monday morning. I realized that I was very late for work, my head and whole body still hurt. I didn't go to work. I realize that I was wrong. This won't happen again.
July 30, 2010 Petrov Petrov O.S.
FAQ
– What will happen if I refuse to write an explanatory note?
– As mentioned above, there is no liability for refusal to write an explanatory note. However, if the employee does not want to explain his actions, the employer must draw up a report on this (the same applies to the situation when the employee did not submit the note within two days). The “Act of Refusal to Write an Explanatory Note” must indicate:
- information about the employee (full name, position, department name);
- information about witnesses to the refusal and/or drawing up the act (there must be at least three people);
- date of drawing up the act of refusal;
- reference to the rules requiring the employee to write an explanatory note;
- description of the situation according to the employee (if he agrees to explain or “without explanation”);
- an indication that the act was drawn up in two copies, and the employee has read it or refused to read it;
- list of witnesses and their signatures;
- signature of the document originator and the employee (if he agrees to sign).
After drawing up the report, the employer will interpret the situation and make a decision on disciplinary action without taking into account your opinion.
Act on refusal to write an explanatory note sample:
Sample act of refusal to write an explanatory note
– The employer does not want to accept the explanatory note. What to do?
– If you do not serve the document within two days, it will be tantamount to refusal to provide explanations. Since the employer avoids receiving the note in person, notify the labor commission that oversees your locality, as well as the trade union of your organization (if you have one). Send the note by courier or Russian Post by registered mail with notification (receipt stamp required). There is no need to worry about the letter taking a long time: the filing date is considered the day the letter was sent, so be sure to save the receipts that you will be given at the post office, as the date will be indicated there.
Sample explanatory note to the tax office
To the head of the desk inspection department of the Federal Tax Service No. 2, Artyom Stafeeva A.O. from the General Director of Yuzhnoye LLC Alexandrov I.I.
Explanatory letter
Regarding the claims of the tax inspectorate, I, Alexandrov Ivan Ivanovich, in response to the claims of the desk audit department of the Federal Tax Service No. 2 about the untimely submission of reports, I explain that due to the serious illness of the accountant of Yuzhnoye LLC, in October 2010 I was forced to fill out and send quarterly reports on my own . The report to the tax office was sent by me personally by registered mail, with notification, at post office No. 3 of the city of Artyom on October 20, 2010, which does not contradict existing legislation, the deadlines for sending the report were not violated. Perhaps the postal workers are to blame for the late report. I am attaching postal receipts to the explanatory note, which indicate the time of sending my registered letter.
General Director of Yuzhnoye LLC Alexandrov Alexandrov I.I.
