Explanatory note about uncompleted work. How to write an explanatory note about failure to fulfill official duties? Example if there was a good reason

When hired, absolutely all employees, regardless of the position they will subsequently occupy, are given a sample of the official instructions. This important document specifies exactly what activities the worker will be required to perform. Agreement with terms and conditions service instructions expressed by signing labor contract or, as they are accustomed to calling it, an agreement.

Such is life: no boss is immune from a situation where a subordinate may suddenly retreat from the execution of the assignment given to him. If the manager’s requests are legitimate and the established type of work is specified in the employee’s official instructions, then the manager is assigned the opportunity to notify higher management about the situation and demand that measures be taken against the worker disciplinary action. But before this, an explanatory note about non-compliance must be drawn up job responsibilities.

What is explanatory

This explanatory note on failure to fulfill official direct duties refers to an act whose purpose is to transfer data from the lowest rank to the highest according to the official vertical.

It is highly informative and is drawn up both according to a written or personally spoken order of the manager, and according to the initiative of the employees themselves (for example, in cases when, in order to resolve any production or economic issue, the need arises to explain information in writing to higher authorities).

Additional features

In addition, thanks to such an important document, it is possible to make a proposal to improve the industrial side of production affairs, to express a protest regarding a new resolution established by a superior manager, and also to express one’s own point of view if any disagreements or conflicts arise with colleagues. As a result, when preparing a report (explanatory) note, its author first needs to openly express his own position on the problem that has arisen, and only then provide arguments in its favor as evidence.

How to write an explanatory note

So, an explanatory note about failure to fulfill official duties can accompany the most important documents and thereby provide explanations to management according to individual points that are directly classified as special papers. Explanatory notes can be drawn up specifically regarding any controversial case that has arisen in the organization. It should be noted that this type Notes are drawn up quite often. Similar documents are written in accordance with the requirements of senior management and mainly affect the debatable relationships that arise during the work process in a certain company.

Basically, the explanatory note discusses such nuances as:

  • Lack of punctuality (lateness).
  • Absence from work.
  • Theft.
  • Violation or non-compliance with regulatory laws and acts of the company.
  • Showing up at work while drunk.
  • Immoral acts that violate established standards of professional ethics.

Typically, an explanatory note about failure to fulfill official duties is provided to the head of production or a company if any emergencies or various acute conflict situations arise during the work period. Moreover, the employer must demand such an act from the employee in order to bring him to disciplinary liability.

How to write an explanatory note

If the employer expects to bond explanatory note with the main papers, then the offending employee will need to compile it in printed format on a PC, naturally, not without the help of a special program. If the manager intends to use the explanatory note provided to him for his own purposes, then the offending employee will have to draw up this act in writing.

The main parts that make up a document

Among other things, the explanatory report should contain several main parts:

  • Factual - here it is important to identify the data that became the pretext for writing this important document.
  • Etiological - cause-and-effect relationships should be specified here. Practical activities the use of explanatory notes is used in educational processes for violations committed by students in educational institutions.

In this article we will also look in detail at an example of an explanatory note about failure to fulfill duties, and how it can be correctly written to the boss, because absolutely any person carrying out work must know about this. work activity in enterprises and organizations. In addition, it is recommended to have an idea of ​​what is to be indicated in this important document. Thus, additional, but no less important points should be noted in the structure of the explanatory note.

What data must be included in the explanatory note?

  • Details (specific data) of the addressee.
  • The name of the important document and confirmation of its type.
  • Title to the text.
  • Actually, the text of the explanatory document itself. For example: “I would like to bring to your attention that I, the driver-carrier Ivan Ivanovitch Ivanov, did not provide my car (registered license plate M 123 AX 123) for a scheduled technical inspection, thereby committing an illegal violation of the provisions of the official instructions and I completely repent of what I did."
  • The specific time and date of writing the explanatory note.
  • Own painting.

A specific example of what an explanatory note should look like is presented below.

In addition to these points, the explanatory note about failure to fulfill official duties must comprehensively describe certain information about emergency events. The main document must contain and reflect specific explanations of employees or one employee who found themselves in difficult situation. If the author of the explanatory note (who is also the culprit) repents and fully confirms his own guilt, then in such a paper he is obliged to provide his own guarantees that such a circumstance will not happen again on his part.

What you should not write in an explanatory note

If the employee does not consider himself guilty, then in this important document it is necessary to state his own position and present specific arguments regarding the incident. In addition, the explanatory note about failure to fulfill official duties, the drafting template of which must be strictly followed, must contain the required confirmation that will prove the employee’s non-involvement in a particular situation. But do not forget that only the truth should be written in such a document. Otherwise, if false information is revealed, the results of such an experience will absolutely adversely affect your service in the future.

Another essential rule, which contains a competent form and example of an explanatory note: never in your life blame your colleagues or employees in positions highest position. If many people are involved, the employer (boss) has every right to request explanatory notes from each of them, and they will tell their own vision of the current situation. The result will be the discovery of disagreements and, probably, an even greater complication of the problem. And in addition to everything else, you yourself will acquire enemies in the form of your colleagues, which is not at all good for you.

I would also like to note that the explanatory note for failure to fulfill official duties should not contain such phrases: “they didn’t tell me”, “they didn’t teach me”, etc. After all, when drawing up a contract for service, you personally sign the official instructions where it is indicated list of required knowledge and skills for the position. In this case, the explanatory document to be filled out must simultaneously meet several conditions, these are:

  • Truthfulness and accuracy.
  • Objectivity.
  • Following logic.
  • Validity.
  • Condensation.
  • Clarity.
  • Unambiguity.

When drawing up an act, it is necessary to use mainly a business style, because this is an explanatory note. A sample of how to write this note must have a set structure and at the same time display all the necessary information. After writing this important document, you should register it. Which is exactly what will be discussed next.

More information about document registration

Registration is a rather serious stage. It must be carried out in accordance with the resolution of the manager. After the boss has examined and fully familiarized himself with all the reasons for the violation, and also made a decision on subsequent actions, his signature is signed.

To summarize, it can be noted that an explanatory note about failure to fulfill official duties, an example of which was described above, in a sense can protect and, as it were, secure the employee from various acute conflict situations that may arise during the labor process. The explanations in this note will undoubtedly help the boss give an objective assessment of the situation, and, if necessary, establish and approve the correct and most appropriate standard of punishment for the offending employee.

The report with explanations was not provided on time: powers of the manager

If, after a certain time, the employee does not deign to submit such an explanatory note to management, then, in accordance with current legislation, the employer has every right to draw up a special document with the participation of several people who will put their own signatures on this paper and leave certain information and opinions on the situation that has arisen .

It is likely that as a result of a meeting and consultation of experienced workers, the offending employee will be fired by a general collegial decision.

The employee should write an explanatory note indicating the reasons for failure to perform job duties properly. The employee’s obligation to perform certain duties in the workplace is prescribed in employment contract, the list of these responsibilities is reflected in the job description, which the employee must necessarily read and sign. If the employee is not familiarized with it, then it will not be possible to demand that he perform his duties.

Therefore, the employer should not miss this moment when hiring a new employee, provide him with a job description to read and require an introductory signature to be placed on the document. Only with this signature can you demand something from the employee.

If the employee does not want to fulfill the prescribed obligations, or does not fulfill them as required of him, or makes systematic errors in his work, then the employer has the right to demand an explanatory note from the employee.

The employee should carefully consider the drafting of this document and think over its contents, because it is based on the employee’s explanations that the manager will decide on the possibility of punishment.

How to write an explanatory note about failure to fulfill official duties?

If the employee's duties are not performed properly, the employee should think about why this happened. It is advisable to indicate in the explanatory note the objective reasons that caused the failure to fulfill official duties. You can, of course, blame other people for what happened, but this will not always be received positively by management.

It is better to admit your guilt (especially if it really was), explain your mistakes, for example, by your illness, or refer to the fact that you were feeling unwell. Or, for example, inattention was caused by the urgency of the work, greater workload, or other reasons. It would be good if this reason is confirmed by a document, for example, a certificate from a medical institution.

The main thing is to be patient when writing. business style narratives, do not express unnecessary emotions, do not write long essays. The explanatory note is written briefly, succinctly and to the point. Sometimes, unnecessary information can cause an additional stream of questions from management.

It is imperative to indicate what exactly happened, when, and what consequences it had. At the end of the note, you need to express your deep regret for what happened, realize your mistake and promise to continue to perform your job duties in accordance with established requirements.

The explanatory note is written addressed to the manager, with the date and signature of the employee placed at the bottom. After which the explanatory note is attached to all other documents and transferred to the destination.

An example of an explanatory note about failure to fulfill official duties:

To the director of Zvezda LLC

Burkov I.A.

From the sales operator

Ivanova A.A

16.04.3015

Sales department

Explanatory letter

Failure to fulfill official duties

On April 16, 2015, I made mistakes in preparing the delivery note, invoice and invoice for payment for the client Antey LLC, as a result of which the client paid the incorrect amount according to the documents.

This mistake was made by me through inattention and due to mental fatigue from the large flow of clients that day. From now on, I will try to be more attentive and focused and avoid such mistakes in my work.

Sales department operator _____signature_____ A.A. Ivanova

The procedure for dismissal for repeated failure to fulfill official duties is prescribed.

Explanatory note about failure to fulfill official duties sample - .

An explanatory note is an internal enterprise document, which is one of the types memo, and contains explanations and reasons for any event, incident, action, usually of a negative nature.

An explanatory note is written only after the events that led to the very fact of writing the document. For example: failure to complete an assigned task, being late for work, labor violation internal regulations, absence from work, etc.

An explanatory document may be attached to the main document and contain some explanations of its individual provisions.

Purpose of the explanatory note— conducting internal official investigation motives for what happened, making a decision regarding the writer and from the conclusions drawn, preempting non-standard situations in future.

What are the types of explanatory notes?

  • Supporting document(contains the reasons for illegal, incorrect actions and actions that led to the current situation).
  • Explanatory document(contains explanations regarding the actions of third parties, explains circumstances that have arisen that are beyond the control of the author of the document).

As a rule, the explanatory note covers the following points:

  • appearance at the enterprise in the alcoholic stage or drug intoxication;
  • lateness or absence at work;
  • non-compliance with labor disciplines;
  • amoral behavior at the enterprise;
  • violation of fire safety rules and labor protection;
  • theft of material values;
  • disciplines;
  • violation of official duties instructions;
  • poor quality or partial failure to fulfill their functional responsibilities.

Methodology for creating an explanatory document

There is no legally approved form for writing explanatory notes. However, it is necessary to adhere to certain points in order not to look like an illiterate person in the eyes of the manager.

An explanatory note is drawn up personally, in one copy on a sheet of A4 format and usually consists of two parts:

  • factual part(it indicates the facts that served as the basis for writing this document).
  • causal part ( reasons and circumstances that may explain the current situation are indicated here).

Each part must clearly display the facts of the incident and provide a clear explanation for them.

In addition, the document must indicate:

  • name of company where the employee works;
  • recipient information(full name, position of the manager in whose name the document is drawn up);
  • Name the document itself;
  • place of compilation;
  • date writing;
  • signature.

Who has the right to request an explanation and is the employee obliged to respond?

The existing legislation does not provide a clear concept for a document called an explanatory note. However, in practice, in the process labor relations At various types of enterprises, this document is drawn up quite often.


In most incidents, the initiator of writing an explanatory note is the head of the enterprise, representatives of security, the organization's security service, or the immediate superior of a subordinate.

The actions of the enterprise are determined labor legislation, according to which, in turn, it requires employers in numerous situations to take an explanation in writing from employees of the organization about the actions they committed or during the investigation of circumstances that led to damage to the material assets of the company ( Labor Code Art. 199, 408, 247).

Constitution of the Russian Federation, namely, Article 27,the employee is allowed not to write an explanatory note.

An employee has the right to refuse to draw up a document.

In this case, the employer has the right to apply a disciplinary sanction to the employee (if any), without his exculpatory arguments, having previously drawn up an act of refusal to write, with the mandatory presence of two witnesses from among the company’s employees.

Based on all of the above, it follows that writing an explanatory note is necessary only to protect yourself.

An example of writing a document when the employee’s guilt is indirectly seen

To the Director of Phoenix LLC
Ermolaev A.Yu.
shift supervisor
Petrova V.V.

EXPLANATORY LETTER

I am Petrov Vladimir Vladimirovich, I have been working as a shift supervisor since June 2014, since job descriptions and am familiar with internal regulations.

Let me explain the essence of the questions asked to me. The shift assignment for the working period (night shift 5.09 - 6.09, from 20:00 to 8:00) was not completed due to an accident on the power lines supplying our enterprise.

There was no electricity for 4 hours (0:00 - 04:00). I took all actions in accordance with the job description of the shift supervisor. Requests to the RES were made repeatedly by telephone. Notified Chief Power Engineer and chief engineer.

The employees of the enterprise, using improvised means, were provided with all the conditions to ensure that the work process did not stop. I don't consider myself guilty. Please take into account factors beyond my control.

09/07/2015 signature (Petrov V.V.)

Another option for writing an explanatory note when an employee made mistakes at work

Shift supervisor
Phoenix LLC
Petrov V.V.
loader
Ivanova I.P.

EXPLANATORY LETTER

I am Igor Petrovich Ivanov, I have been working as a loader since February 2014, I am familiar with the job descriptions and internal regulations.

Let me explain the essence of the questions asked to me. On the night shift from 3.09 to 4.09. 2015, during my lunch break I went to the locker room to rest and fell asleep. At four o'clock in the morning, he was awakened by security officers.

I admit my guilt. I realize that due to my negligence I did not complete the shift assignment in full.

Please do not impose harsh penalties. From now on, I undertake to take my responsibilities more responsibly.

4.09.2015 signature (Ivanov I.P.)

Written request for an explanatory note

Usually, an explanatory note is drawn up on the verbal order of the manager. But there are times when the employer and employee are very serious about resolving disputes.

Then the employer has the right to request a written explanation from the employee. (TC RF Art. 193)

But the employer must also provide the requirement to the employee in writing and preferably on letterhead, where the outgoing number and date will appear.

Example

Forklift driver
Sidorov Anatoly Viktorovich

REQUIREMENT

about providing written explanations.
On September 3, 2015, while driving a forklift, you hit warehouse loader A.P. Ivanov.

The loader was taken to the first city hospital with a diagnosis of a broken right leg.

Please provide a written explanation of this incident. In the document, please indicate the circumstances that led to the person’s injury.

Explanation, in accordance with Article 193 of the Labor Code Russian Federation, it is necessary to provide the head of the enterprise security service A.P. Kovalev. within two days after receiving this notification.

09/04/2015 director (Savushkin G.V.)

The explanatory note has been written - what next?

After writing and submitting an explanatory note to the manager, make sure that it is endorsed.

After all, someone authorized should conduct an official investigation on the basis of this document.

Request for yourself a copy of the paper with the manager’s visa, no matter how, a document that can play an important role in resolving controversial issues in court.

And the most important thing - don’t be afraid to write explanatory notes, because every document that you write competently, first of all, covers your rear and will always be on your side in any controversial issues.

  • Example of an explanatory note

How to write an explanatory note correctly?

An explanatory note is a business document that is in the internal circulation of an organization. The content of the document involves an explanation of the cause-and-effect relationship between an event, action or fact, usually of a negative nature, that has already occurred. An explanatory note can accompany the main document, then its content will provide explanations of individual provisions of this document.

The purpose of the explanatory note is to clarify the situation by the person who is the main person in the events that occurred, perhaps the culprit; the purpose of the explanatory note is to conduct an internal investigation into the causes of the incident, understand them, and draw the right conclusions.

In Art. 193 of the Labor Code of the Russian Federation states that the employer undertakes to require the employee to write an explanatory note in the event of an alleged disciplinary offense. The employee has the right to refuse to write an explanatory note; the law provides for this; in this case, the employer has the right to take disciplinary action against the employee, without the presence of his explanatory note.

The form, template of the explanatory note includes the required details:

  • - name of company;
  • — indication of the official to whom the note is addressed, his full name;
  • — name of the document – ​​“Explanatory Note”;
  • — date of preparation and registration number of the note;
  • — title to the text (“Concerning...”, “About...”);
  • — explanatory text;
  • - compiler, his signature.

Example of an explanatory note

To the Dean of the Faculty of History and Philology, N.I. Orlova.
from student of group 218 Ivleva G.P.

Explanatory letter

Regarding missing classes on October 22, 2011.
I, Ivleva Galina Petrovna, missed the school day on October 22 (3 classes and 1 practical seminar), due to the fact that my mother came to my dormitory from the village. Alexandrovka.
My mother has a heart condition, and she is forced to undergo examinations several times a year at the functional diagnostic center, and she came for just such an examination this time. On October 22, 2011, she suddenly became ill, she began to choke, I called an ambulance for my mother.
The doctor gave my mother the necessary injections and said that she needed to rest for the whole day. I decided not to go to classes and stayed to monitor my mother’s condition. The ambulance doctor A.V. Prosyannikov, at my request, wrote a note stating that my mother needed observation. Attached is a note from the doctor. Please consider a valid reason for missing classes.

Student of group 218 Ivleva Ivleva G.P.

Sample explanatory note to school

The preparation of an explanatory note to the school is carried out in accordance with the usual requirements; only the student’s parent or his official guardian can write it; a similar note is written addressed to the director; the note must indicate the class your child goes to.

To the director of Alexandrovskaya secondary school No. 15 Nikitin S.A.
from Kotov A.A., father
student of 6 “A” class, Sergei Kotov.

Explanatory letter

About Sergey Kotov’s absence from classes on October 2, 2012.
I, Alexey Aleksandrovich Kotov, together with my family - my wife and son Sergei, a student of grade 6 "A", on October 2, 2012, was traveling with summer cottage where we harvested. When we were about 5 kilometers from the city, my car stalled. I couldn't start the car and had to call a tow truck. As a result of this incident, my son was 3 hours late for class. That day he only had 4 lessons; there was no point in going to class anymore. I called to the class teacher Anna Petrovna Osipova, explained that his son missed classes for a good reason.

Explanatory note about non-fulfillment of the plan

Sample explanatory note to the tax office

To the head of the desk inspection department of the Federal Tax Service No. 2 of Artyom
Stafeeva A.O.
from general director LLC "Yuzhnoye" Alexandrova I.I.

Explanatory letter

Regarding claims from the tax inspectorate
I, Ivan Ivanovich Aleksandrov, in response to the claims of the desk audit department of the Federal Tax Service No. 2 about the untimely submission of reports, 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.

Explanatory note about being late


Lieutenant Colonel Pavlenko S.S.
from an employee of the RF Ministry of Defense, a clerk in the construction department
Zaitseva O.P.

Explanatory letter

Regarding being late for work on July 26, 2012
I, Olga Petrovna Zaitseva, was 2 hours late for work on July 26, 2012. The fact is that this morning, while on my way to the bus stop, I became a witness and participant in an unpleasant incident. A ten-year-old girl walking in front of me was suddenly attacked by a stray dog ​​and bit her. I had to intervene in the situation, as the girl was very frightened and was crying, and her wound was bleeding. I took the girl to the nearest emergency room, called her parents at work, and then went to work. Please consider a valid reason for being late.

Sample explanatory note about absenteeism

To the commander of military unit 55555
Lieutenant Colonel Pavlenko S.S.
from an employee of the RF Ministry of Defense, a mechanic from the logistics department
Petrova O.S.

Explanatory letter

Regarding absence from work on July 29, 2010
I, Oleg Semyonovich 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.

Sample explanatory note from the cashier

To the director of store No. 8
Klimova N.P.
from the cashier of the industrial goods department
Panova O.V.

Explanatory letter

Regarding the erroneously punched check on April 5, 2010
I, Olga Vladimirovna Popova, April 5, 2010, mistakenly struck cash receipt, discovered an error before the daily report with cancellation was taken. It cannot be my fault for what happened, since I am very attentive to working with cash register machines. I believe the reason for this is a malfunction in the operation of the cash register, since such errors occur for several days in a row. Please pay attention to the operation of this cash register.

The organization of labor relations quite often faces the need to analyze the role and place of each employee in the final result of the affairs of the entire team. Such an analysis, as a rule, is most objective when carried out on the basis of documentary results of work, including the fulfillment of production tasks. At the same time, it is not uncommon for certain officials to fail or improperly perform their functional duties, which significantly affects the implementation of production tasks and the results of the work of the entire team.

How to write an explanatory note correctly?

Writing an explanatory note must largely comply with certain rules:

  • the explanatory note is written directly by the employee in his own hand;
  • when writing this document, the compiler not only describes events or actions, but also gives value judgments and expresses his own opinion on certain events;
  • clarifications and other additional information that sheds light on the actions or inactions of personnel are made after writing the explanatory note and certified by the signature of the person who wrote the explanation, while it is advisable to write down the question itself;
  • the explanatory note is written in accordance with the grammatical and stylistic rules of the Russian language; the description may contain professional slang and technical terms However, the use of emotionally expressive language is not permitted.

An important point in writing text is lack of ambiguity, therefore, when writing, it is necessary to adhere to clearly defined logical sequences. The writing is done in the first person.

What it is?

Formally, an explanatory note is a document through which the relationship between the employee and the employer is carried out. However, you should be aware of the peculiarities of interaction between these parties in an industrial conflict.

Who has the right to request?

The requirement for an employee to explain his actions or inaction may be put forward by an official directly responsible for the result of the production task. But the director of the enterprise, or the official who is the immediate superior of the employee, or the one who, according to the internal labor regulations, is given such a right, can talk about writing an explanatory note.

In what cases is it necessary to require an explanatory note?

According to , written explanations are only necessary in a few specified cases. As practice shows, most often such a requirement is applied in practice in accordance with. Article 193 requires a written explanation by the employee of the disciplinary offense in order to clarify the reasons for the violation of labor regulations before imposing a disciplinary sanction, in the second case (Article 247 Labor Code) the employee participates in the investigation of the cause material damage employer's property.

Is the employee required to answer?

During the trial the employee has the right to refuse to give any answers, but at the same time such refusal must be recorded by the employer in an appropriate act.
Refusal of evidence regarding his actions by an employee is not a reason to bring him to justice. disciplinary liability. At the same time, the employee may subsequently, on his own initiative, contact the administration of the enterprise with a statement or memorandum.

But here important point is the time and conditions in which the administration and the employee find themselves. An explanatory report is a requirement of the administration, that is, the initiative comes from the employer to conduct a trial and establish the truth, and a report is an initiative request from the employee himself.

Explanatory note form

An explanatory note, like any other formal document, must correspond general rules document flow:


Example of an explanatory note about failure to complete a task (sample)

To the head of the service freight transport
JSC "Spetsstroy"
Matveev S.A.

1st class driver in the freight transport sector
Vasiliev Petr Alekseevich

Explanatory letter

On September 7, 2015, in accordance with the production task and the plan for using the machines, I had to transport loads of construction materials to site No. 2.
In the morning, after the planning meeting, I drove a Ural 4320 car, registration number NN345NN, with a two-axle tilt trailer, registration number NN346NN after a pre-trip inspection vehicle at 7.45 I left the parking garage.
Moving along the route, before reaching the building materials base along Montazhnikov Street at the intersection of Montazhnikov Street and Naberezhnaya Street, I failed to stop the car in time, which almost led to a traffic accident. Further inspection of the vehicle showed that at the junction of the brake system of the car and the trailer, depressurization of the brake system had occurred, which did not allow further operation of the vehicle.
I will only reach the mechanic of the sector and the engineer of the freight transport sector by 10.30. At 11.40, tractors and escort vehicles arrived to tow the car.
I believe that the breakdown of the vehicle and the disruption of the production task occurred due to improper maintenance trailer driver Ignatov S.P. and mechanic Ermolov A.V.
The malfunction was eliminated by the duty team by 16.00 on September 7, 2015 by replacing the connecting hoses.
I am aware that I violated the driver’s instructions by not informing the dispatcher of the logistics center of Spetsstroy OJSC in time.
09/08/2015 1st class driver of the freight transport sector
(signature) Vasiliev P.A.

Legal significance of explanatory notes

In the matter of establishing the truth, as a rule, two parties are involved - the employer's side and the employee's side. In this case, both parties have certain rights and obligations towards each other:

The employer has the right:

  • demand an explanation from the employee regarding the current situation;
  • conduct an investigation into the role of each employee in the failure to meet production targets;
  • make a decision on bringing disciplinary action and/or financial liability, or don't do it.

The employer is obliged:

  • provide the employee with the opportunity to explain his actions and describe the situation from his point of view;
  • conduct an objective investigation of the incident and draw appropriate conclusions.

Thus, an explanatory note is a document confirming and describing the actions and position of the employee in establishing the objective circumstances of non-fulfillment of production tasks.

Explanatory note according to the Labor Code of the Russian Federation

Considering the application of the procedure for an employee to explain his actions in accordance with Art. 193 and Art. 247 as a mandatory action when conducting An investigation before applying a disciplinary sanction or bringing to financial liability indicates a legal way to resolve the conflict between the employee and the employer.

They will give one of the parties to the conflict the opportunity to explain their actions and present their version of events, which indicates that the state has taken care of the opportunity for both parties to show patience and reflect on their actions. This is also evidenced by the deadline for submitting explanations; it is not for nothing that the Labor Code of the Russian Federation clearly stipulates that the deadline for submitting explanations by an employee is 2 working days from the date of the request to provide it.