Sample explanatory note from a teacher (educator) about failure to fulfill official duties
Violation of labor discipline
To the Director of the Moscow State Budgetary Educational Institution “School No. 35”
Petrov M.D.
from the security guard
Vasilyeva G.F.
Violation of labor discipline
On April 8, 2021, I was absent from work because... That day my wife and two small children were returning from vacation. No one was able to meet them, so I had to go after them.
I understand that I violated labor discipline because I did not inform my immediate supervisor about leaving work before the appointed time.
04/09/2020 Security guard Vasiliev G.F.
Sometimes kindergarten teachers also need to write an explanatory note about failure to fulfill official duties.
It looks something like this:
About being late for work
Head of GBOU Moscow “School No. 1362 DO No. 777
Markova E.S.
from the teacher of the senior group "Firefly"
Nefedova T.P.
Explanatory letter
regarding being late for work on August 12, 2021.
I, Tamara Petrovna Nefedova, was 3 hours late for work on August 12, 2010. The reason for being late is my daughter’s illness. In the morning I woke up my daughter to take her to school, but noticed her body temperature was rising. When measured, it turned out to be 38.6 degrees. I called an ambulance and at the same time called my parents so that they could come and sit with the child. Considering the fact that my parents live very far away, this took 3 hours. I couldn't leave my daughter alone at home. An ambulance came to my child, gave an injection, and advised me to call a pediatrician.
I am enclosing a certificate from the emergency doctor that the child really needed help.
08/12/21 Nefedova T.P.
The employee does not write an explanation and does not admit his guilt
The employee regularly violates labor discipline and does not fulfill job duties. But he has excuses for everything, never admits his guilt and refuses to write explanatory notes about his misdeeds.
The director intends to dismiss him under clause 5 of part one of Art.
81 of the Labor Code of the Russian Federation for “repeated failure by an employee to fulfill labor duties without good reason, if he has a disciplinary sanction.” Therefore, we begin to issue penalties to him as he commits offenses. In this regard, questions arise. Is it possible to reprimand an employee if he does not admit his guilt? Does the employer have the right to apply a disciplinary sanction to the employee in the form of dismissal if the employee refused to give written explanations regarding both offenses?”
Article 193 of the Labor Code of the Russian Federation states that before applying a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then a corresponding act is drawn up. Failure by an employee to provide an explanation is not an obstacle to applying disciplinary action.
Even if the employee does not admit guilt in his statement of explanation, this will not be a basis for not applying disciplinary action, as in the case of refusal to give a written explanation. However, it should be noted that, according to Article 192 of the Labor Code of the Russian Federation, for committing a disciplinary offense, that is, failure or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions:
1) remark; 2) reprimand; 3) dismissal for appropriate reasons.
In any case, the employee’s guilt in committing a disciplinary offense must be established; only in this case can a disciplinary sanction be considered lawful.
In accordance with Article 192 of the Labor Code of the Russian Federation, the employer has the right (and not the obligation) to apply a disciplinary sanction, therefore, if the employer nevertheless decides to apply one of the disciplinary measures, then the obligation to prove the employee’s guilt lies with him. In this case, in addition to the employee’s explanation, in which he did not admit his guilt, it will be necessary to collect other evidence confirming the employee’s guilt . These may be explanations from other employees, inventory acts, memos and other documents, depending on the specific offense committed.
It is also necessary to pay attention to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (paragraph 35), according to which, when considering a case on the reinstatement of a person dismissed under paragraph 5 of part first article 81 of the Labor Code of the Russian Federation, or about challenging a disciplinary sanction, it should be taken into account that failure by an employee to perform without good reason is failure to perform or improper performance through the fault of the employee of the labor duties assigned to him (violation of legal requirements, obligations under an employment contract, internal labor regulations, job descriptions, regulations, employer orders, technical rules, etc.). Since the employee did not admit his guilt, the employer needs to pay attention to the reasons that served as the basis for non-fulfillment of labor duties. If it turns out that the employee is truly innocent of his actions, or the reasons for non-compliance were valid, then disciplinary action cannot be taken against such an employee. Otherwise, he can go to court or the labor inspectorate, prove his innocence, and be reinstated at work.
The procedure for dismissal “for repeated use” is quite complex and multi-stage. To avoid making mistakes, you can use the step-by-step procedure for dismissal for repeated failure to fulfill job duties from the HR Package electronic library. Follow it exactly, because illegal dismissal can lead to very unpleasant consequences, in particular:
- reinstatement of the employee at work (through the court or with the help of the labor inspectorate),
- recovery by the employee from the employer of average earnings for forced absence, expenses for a lawyer (lawyer, other representative),
- recovery by the employee from the employer of compensation for moral damage,
- a blow to the reputation of the director, HR department, legal service of the company,
- a blow to labor discipline in the company,
- lost time of employees on employee-initiated “showdowns” - court and inspections of the labor inspectorate, prosecutor’s office,
- fine and other expenses in case of detection of violations of labor legislation during an inspection. (During the inspection, violations may be discovered, both related to the dismissal and not related to it, but also violating labor laws. This may lead to fines, compensation, etc. If the inspector discovers that workers were dismissed in principle legally, but were not paid they were compensated for unused vacation, were not paid sick leave, were not accrued the required bonuses and allowances, then the employer will be obliged to pay extra, make the necessary deductions from the additional amounts to the tax authorities and funds.).
Author of the answer to the question: Editorial staff of the electronic library “HR Package”.
Sample explanatory note from the administrator about unfulfilled work
Example of an explanatory document
to CEO
LLC "TsvetMetOPRcom"
Gushchina A.A.
from the AO administrator
Afonina A.V.
Explanatory letter
On June 11, 2021, I was unable to send mail on time. On this day, in accordance with the office work instructions in force at TsvetMetOPRcom LLC (approved on January 10, 2011 No. 345), I went to the nearest post office with the mail ready at 16:30. For technical reasons, the nearest branch was closed (photo of the ad is attached). I managed to get to the nearest branch only at 17:20. At this branch I took a queue and waited for the operator to receive me, but at 18:00 the branch closed, so I did not send mail. The letters were sent the next day, i.e. June 12, 2021 at 09:45.
I warned my boss that I would be late and explained the reason for my delay. To which I received an answer that I had been heard and that I would not have any problems at work. I was able to arrive at the office only at 11 o’clock in the afternoon. I consider the accusations of being late to be unfounded.
Application:
- Extract from the current office management instructions.
- Photo of the advertisement in 1 copy.
- Photocopy of the receipt of successful mail delivery in 1 copy.
- Call details.
Administrator of the ACS - Afonina A.V.
June 12, 2021
Or like this:
Violation of official duties
To the Director of Svet LLC
Vasilyeva M.I.
from the store administrator
Koltsova L.V.
Memorandum
about violation of official duties
I inform you that on October 3, 2021, the seller of our store Fomina I.P. Ignored my assignment and didn’t bother decorating the window display. Fomina also refused to put new goods on the rack, which is part of her job responsibilities. For this reason, the design of the new storefront as a whole was in jeopardy.
October 4, 2021 Koltsova L.V.
Store administrator Koltsova L.V.
Refusal to write on the part of the employee
Refusal to provide explanations on the part of a person who, in the opinion of the employer, failed to fulfill his official duties, has no basis for imposing various sanctions. In this case, the manager draws up a specific act, which records the fact of refusal on the part of the person working for him to provide explanations in writing.
And in the future, this document may serve as the basis for disciplinary action. Often, an employee who refuses automatically becomes the culprit of the violation in the eyes of the manager. In this regard, it is still recommended to write explanatory notes in order to avoid false penalties and reprimands, as well as to improve your situation.
An explanation in writing can only be required by the employer or a person authorized by him. In the event that other persons demand a note of this kind from the culprit, he has every right to refuse their request and will not be subject to any sanctions.
Example of an explanatory note from a personnel officer
Chief accountant
Antonova E.P.
Explanatory letter
On March 25, 2021, I, Yu.V. Kuznetsova, head of the personnel service, incorrectly calculated the wages of security guard V.K. Paltsev. An error in my calculations resulted in a reduction in the amount of wages due for payment. Because of this, Paltsev V.K. did not receive a salary of 1000 rubles (one thousand rubles).
I made my mistake unintentionally. Due to the enormous workload, there was an inaccuracy in entering data into the calculation table, which resulted in incorrect calculation of wages. I am aware of my guilt in what happened. From now on, I promise to be more attentive to my job responsibilities and focus my attention only on work.
03.26.2021 (Kuznetsova Yu.V.)
Important factors for dismissal
Often, an employee can be dismissed not only for failure to fulfill official duties or for any of the reasons described above. Reports may take into account the following circumstances.
- Absenteeism. If the absenteeism was isolated and there is an explanatory note indicating a valid reason for absenteeism, the employee may not be punished, let alone threatened with dismissal. Dismissal is considered almost inevitable if the employee has not been at work for a long time and has not informed his superiors of the reason in an explanatory note. And if he did, the reason was not good enough.
- Failure to fulfill official duties. It is not always possible to dismiss for unfulfilled duties, since the subtleties of the procedure are taken into account. In order for a person to be fired under this article, the duties must be specified in the employment contract. If this is not done, the dismissed employee may challenge his dismissal.
- The specialist does not correspond to the position he occupies. To work in a highly paid position, an employee must meet the conditions of the position held. An embellished resume may help you get a position, but it will not help you keep it.
- Low certification results . Each employee must undergo certification to demonstrate that their skills meet modern job requirements. Employees undergo certification before a commission, which issues the final order.
- Theft. Theft is a direct violation of official duties. But you cannot fire someone simply for the fact of theft, even if there is a report. An investigation must be conducted to prove the employee's guilt, obtain a judge's verdict, and only then take action.
- Working while intoxicated. In this case, the employer can take any action of his choice: write a reprimand to the employee, reprimand him or fire the negligent employee. But the chances of dismissal increase significantly if an employee regularly allows himself to appear at work drunk. One-time failures can be forgiven, especially if the employee can clearly explain the reason for his condition.
- Liquidation of the enterprise . If a legal entity ceases to exist, it notifies its employees of the imminent dismissal and dismisses them, having previously notified the employment service.
- Reduction. The employment service is notified of the upcoming dismissal in advance, after which employees are selected whose labor services are no longer needed or who have already been reprimanded for failure to fulfill obligations.
- Loss of trust. An article on loss of trust does exist, but the employer must clearly explain why trust was lost. Typically, this article is taken into account when dismissing financially responsible employees who have made inaccuracies in their work.
Involuntary dismissal is not always preferable in these cases. Sometimes an employee who cannot cope with his job responsibilities is recommended to resign of his own free will. In other cases, dismissal is replaced by disciplinary action.
