At any enterprise, there are situations when subordinates need to convey important information to management. Few people know how to correctly write a report on an employee or communicate some information to their superiors in writing; meanwhile, this is not particularly difficult .
Types of memos
A memorandum of failure to fulfill official duties as an internal document of the organization has a specific addressee. It is sent exclusively to superiors authorized to make decisions on the stated facts and issues. That is why it is called “report”.
Although it is traditionally believed that there are no unified requirements for its design, this is not so: any internal document is drawn up according to certain principles in order to become the basis for the adoption of administrative acts. In the article we will look at how a memo is compiled: you can use the sample by adapting it to your circumstances.
Classification is possible according to several criteria:
- depending on the content: informational, conveying certain data to the authorities;
- reporting, that is, their preparation is regulated by the internal documents of the organization and reports on a certain stage in its activities;
- proactive - with employee proposals;
Types and purposes of samples: I bring to your attention
Reporting documents are necessary in the activities of any company in order to:
- labor efficiency increased;
- ways to solve a specific problem were found;
- the unfavorable situation was resolved or corrected;
- a certain burden of responsibility was lifted;
- protection was provided in case of infringement of rights.
The text of memos can be very different, but it always concerns the activities of a specific employee, department or organization.
Often, a note is not only an important message, but also a specific proposal to improve the company’s efficiency.
Sample note: I bring to your attention, it can be internal and external. The first type of document is written by the employee himself or at the request of the boss. The note is endorsed by the author.
An external report is required for submission to higher authorities and other authorized bodies, and is always prepared on company letterhead. The date is set on the calendar day of registration and approval.
- informational (written regularly, reports on the work process, consists of job proposals);
- reporting (contain information based on the results of the order for a specific period);
- proactive (the employee proposes to management to make a decision on a specific work issue).
Sometimes memos are written against lazy people and brawlers if this interferes with the normal work process.
Features of drafting a memo
The main purpose is clear from the name: a memo is an internal document, an appeal with which you can inform management about an incident that requires attention and reaction. The document is addressed to management, who then makes a decision: how to react to the information received, what measures to take, including disciplinary punishment, punishment and dismissal. Its consideration can be called the responsibility of management. This is the general procedure for considering an appeal. The memo is an example of team interaction and management receiving feedback from staff.
There are many cases when a report is written, for example: failure to fulfill official duties, inappropriate behavior. The reasons and form of writing are not regulated in legislative acts.
Usually written in cases:
- the presence of industrial or administrative disputes - if management intervention is necessary to resolve;
- manifestations of employee initiative to improve the company’s activities and production process, for example, to make rationalization proposals;
- if an employee disagrees with a management decision that is controversial, in his opinion;
- in the presence of a long-term conflict situation - to express one’s position;
- creating a report on any stage of activity - to report on the results of the work;
- violation of labor discipline by an employee, for example, refusal to perform his duties, to attract the attention of management;
- improper delegation of authority - to ensure management responsiveness;
- incidents that resulted or could result in harm to employees or material damage to the employer’s property;
- achievement of significant results by the employee, to which management needs, in the opinion of the middle manager, to pay attention, for example, to reward the employee for successful work.
Differences from service and explanatory
In addition, it is worth distinguishing between the purposes of different types of internal organizational document flow and submitting a report when you can get by with a simple “service”. It is often confused with service and explanatory, however, despite the similarity, replacing one with the other is unacceptable due to their purpose and distinctive specificity.
Distinctive features of a memo from a memo: type of statement - an official memo is strictly an internal document, while a memo is a document both internal and external, and can be sent to authorities outside the organization. An internal memo provides a relationship at the horizontal-direct level “boss – employee of the same level”, and a memo – at the vertical-service hierarchy “employee-boss”.
A memorandum differs from an explanatory note in the semantic presentation and structure of the document. The explanatory statement consists of two parts, one of which reflects the fact that initiated its preparation, and the second explains why specific circumstances occurred. Any employee who was present during the unusual situation or the one to whom this behavior was directed has the right to draw up and submit a report.
The report, in contrast to the explanatory and official report, is sent exclusively to higher management, authorized persons, and superiors. Information from the content is precisely intended to cause some kind of active action, which one depends on the goal, information and wishes. The punishment may be:
- a written reprimand followed by a fine or dismissal;
- dismissal due to insufficiently conscientious attitude towards work or repeated warnings and reprimands.
- reprimand followed by a fine or dismissal;
Important: upon the first violation, dismissing an employee due to an insufficiently conscientious attitude towards work or towards the team without conducting conversations with him, warnings and issuing punishments is unlawful and illegal!
No other types of punishment are allowed. But each individual organization has the right to apply its own measures, which it deems necessary, within the limits of admissibility and norms. Such measures must be specified in the employment contract with the employee or in a list and explanation of the internal rules of labor regulations and behavior in the team.
The employee must be familiar with these requirements in advance.
Report on violation of labor discipline
This is one of the most common types of memos. They resort to it when they want to notify about non-compliance with the rules and regulations of the work process, for example, about being late for work or ignoring administration orders. Such a document can become proactive, that is, when the team or one of its representatives no longer wants to put up with the behavior of a colleague and turns to management with a request to influence the employee. There are situations when a report on an employee is simply necessary. This happens if, as directed by management, daily compliance reports are compiled. If someone came from lunch late or left work an hour earlier without permission, the person responsible for control will have to report this. According to Art. 193 of the Labor Code of the Russian Federation, before applying an administrative penalty, the manager must take an explanatory note from the employee. This is the responsibility of the administration, failure to comply with which the decision to punish may be considered illegal. A memo most often becomes the basis for writing an explanatory note - this is one of the most common ways for management to obtain information about a violation of discipline or refusal by one of the employees to perform their duties.
Notifying the employee of the memo received by him and the resulting liability
After receiving a note containing facts of violation of labor discipline, theft or other misconduct, official or even judicial proceedings follow, depending on the circumstances. However, the note itself is merely a statement of facts and not a conviction. The Labor Code of the Russian Federation contains no instructions on the need to familiarize the employee with the contents of the memorandum.
In case of violation of discipline, an act signed by three witnesses is also drawn up. The memorandum together with this act is the basis for bringing the employee to material, disciplinary or other liability. Confirmation of familiarization of the employee with the contents of the act is his signature on this document. If the employee refuses to sign the act, then a second act of refusal to sign the document is drawn up, which must also be signed by at least three witnesses. However, the employee does not bear any responsibility for refusing to sign the act.
If there is an objective reason for disciplinary action, the employer must ask the employee to write an explanatory note. Refusal to write it also does not entail any liability (Article 199 of the Labor Code of the Russian Federation). In this case, the employee can ask the employer to familiarize him with the contents of the memo, but he is not required to provide this document.
Signing or not signing the act, as well as drawing up or not drawing up an explanatory note by the employee are not an obstacle to his incurring appropriate punishment, up to and including dismissal. The basis for this will be only proven facts of the employee committing a disciplinary violation or other offense. The management's decision comes into force only after the order is issued.
What can be considered failure to fulfill official duties?
Each employee has specific job responsibilities. This is a list of actions that the employee must perform, clearly indicated in the job description or employment contract. When applying for a job, a citizen must be informed of his labor function; the employer has the right to demand its fulfillment in full accordance with the instructions or contract. If obligations are not fulfilled, this is a violation of the agreement between the parties. The employee’s immediate supervisor or any other employee has the right to report non-fulfillment or refusal to perform duties to the administration of the enterprise for a decision to be made. This is why a memorandum on failure to fulfill official duties is needed; a sample of such a document can be developed in an organization as a template (you can use the example from our article).
At the same time, according to Art. 142 of the Labor Code of the Russian Federation, an employee may suspend his labor activity and not perform his labor function if wages are not paid, and this will not be considered a violation of the contract, since there is no counter security. In accordance with Art. 142 of the Labor Code of the Russian Federation, this is permissible if payment is delayed by more than 15 days, a prerequisite is written notification to the administration.
FREQUENTLY ASKED QUESTIONS AND ANSWERS TO THEM
Question No. 1: While at work, I was insulted by another employee. What measures can an employer take?
Answer: The employer can help resolve the conflict or call on the guilty employee to publicly apologize.
Punishment in the form of a fine can only be applied in judicial practice.
The amount of such fines for insult ranges from one to five thousand rubles for ordinary citizens, and from ten to fifty thousand for people holding a certain position. Question No. 2: What is the storage period for memos? Answer: The storage of official, explanatory and reporting notes must be carried out permanently, since they are management archival documents.
This was approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558.
Rate the quality of the article. Your opinion is important to us: Currently, probably one of the most prestigious and highly paid professions is the profession of an IT specialist.
One of the most serious violations of labor legislation is non-payment or incomplete payment. Wages determine the cost of labor that an employee performs, fulfilling his obligations within the framework of labor. As part of the provision of a social support program for the population, labor legislation establishes a number of benefits that are covered by Labor legislation in our country regulates the relations determined by work activities between employer and employee. When hiring a new employee, the employer takes on a certain risk associated with competence © 2019 Legal advice in Moscow ☎ Moscow and Moscow Region, St. Petersburg and Leningrad Region ☎ Regions of the Russian Federation ☎ Moscow and Moscow Region, St. Petersburg and Leningrad Region ☎ Regions of the Russian Federation Adblockdetector
Manager's actions
Any memo is created for the purpose of informing management. Its consideration is the responsibility of the director, his deputy, the head of the department authorized to do so by internal documents, charter, etc. Based on the results of the investigation on the facts stated in it, the director makes a certain decision. He sets out his will in a resolution, which subsequently serves as the basis for the execution of the manager’s decision.
A disciplinary sanction is imposed only after receiving an explanation from the citizen against whom the notice was drawn up. Refusal to provide them is not an obstacle to taking response measures, but this refusal must be formalized in a separate act. It is also recommended to draw up an investigation into the circumstances of the incident in order to obtain the necessary evidence in case of subsequent proceedings with the participation of judicial authorities (the disciplinary sanction can be challenged by the employee). The penalty is valid for a year. Before the expiration of this period, it can be removed by decision of management. Moreover, the initiative for withdrawal can come from both the employee himself and his immediate supervisor, as well as a representative body or the head of the organization himself.
Samples of memos:
about failure to fulfill official duties
about violation of discipline
How to write a memo
The memorandum is drawn up in an official style, and for use within the department, a regular sheet of A4 paper is suitable for this, and for sending outside this structure, the note must be drawn up on the organization’s letterhead.
In any case, writing a memo on a form or on a blank sheet of paper is allowed; it is much more important to adhere to the structure of the document. A sample memorandum assumes the following type of document:
- details of the organization or structural unit;
- “header” indicating the originator and addressee;
- title and title;
- text of the note;
- date and signature of the compiler with transcript.
The text itself consists of two conventional parts, in the first of which the author indicates the essence of the appeal, and in the second he asks to take appropriate measures or gives the addressee recommendations on how the described situation can be corrected.
