An explanation is not evidence. Is there a scientific explanation for this phenomenon? Writing an explanatory note from an employee

In the life of every person, situations arise when he may be late for work or not show up for work due to any circumstances that may be respectful or disrespectful and the employer will demand an explanation for the offenses committed. labor discipline in writing.

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An explanatory note in office work is an official document that explains the reasons for the committed offense of violation of labor discipline, which led to the imposition of a penalty on the employee. It is conventionally divided into notes of an exculpatory and explanatory nature. Which type the employee will use when writing an explanatory note depends on the degree of the offense committed.

The law prescribes

In Art. 57 Federal Law under No. 90-FZ, art. 192 and 193 Labor Code contains instructions that regulate the actions of the employer to request explanations in writing from employees who have committed unlawful acts and are guilty of not fulfilling their labor duties, violating labor discipline and work schedule provided within the enterprise. Constitution of the Russian Federation in Art. 27 notes that the employee has the right to write an explanatory note, which cannot relate to the duty.

If an employee violates labor discipline by not performing or performing labor duties improperly, then the employer, by law, has the right to apply disciplinary punishment to him.

The measure of responsibility for the offense committed is classified as:

• remark, often made orally;
• a reprimand, depending on the aggravating circumstances, it is presented orally or in writing;
• dismissal from work with appropriate wording on the grounds specified in regulations, Labor Code.

But, before exercising the right of imposition disciplinary action, the employer is obliged to request an explanation from the employee explaining the basis of his action, which led to violations of the rules of labor conduct, verbally or in writing.

A written explanation is used only in some cases, for example, if the validity of the reasons that formed the basis of his duty and led to a violation of labor discipline is assessed. In each specific case of an offense, it is necessary to carefully understand it, therefore the explanatory note argues for the details, explains the details of what was done and brings to the attention of management the employee’s opinion and his ability to analyze the current situation.

If the employee does not provide an explanatory note within two working days, then, in accordance with the instructions of the current legislation, a statement of failure to submit is drawn up, which will not become an obstacle to the application of suitable disciplinary punishment by the employer.

The number of personnel should be calculated based on feasibility. See how to compose

The manager's reference for awards must contain positive information. Read more in

Circumstances

The employee is obliged to explain the reasons that prompted him to commit this or that offense associated with failure to comply with the requirements for fulfilling official duties.

The circumstances are different, but they all lead to a certain type of violation of labor discipline and routine:

• being late for work for a good or bad reason, the reason must be clearly defined;
• failure to comply with direct functional responsibilities or their performance is not in accordance with the requirements of the duties, for example, the work is not performed efficiently, and therefore does not bring good results;
• absence from work during working hours without appropriate documents justifying his misconduct; a medical certificate certifying the employee’s illness can serve as an exculpatory document;
• damage to the employer’s property associated with negligence in the performance of work duties;
• failure to fulfill an order issued by the employer, which is not part of the direct duties of the employee;
• being at work in a state of intoxication from the influence of alcohol, drugs and toxic substances, which will entail failure to fulfill accepted obligations to comply with labor safety rules;
• failure to provide reliable information about production activities enterprises to senior management that lead to economic violations;
• in case of violation of life safety rules provided for at the enterprise.

Regardless of the circumstances, when an employee provides supporting documents attached to the explanatory note, the decision that is made in connection with the offense is mitigated.

Who has the right to request?

According to the current laws and provisions of the Labor Code of the Russian Federation, only the employer has the right to request an explanatory note. He must hold the position of the head of the enterprise or a person authorized by the head, approved by order of the enterprise for a certain period.

The requirement to write an explanatory note is an integral part of engaging an employee to comply with disciplinary liability in the workplace and on the territory of the enterprise.

The explanatory note helps the employer to find out the circumstances due to which the offense was committed and the degree of guilt of the employee. The employer, realistically assessing the situation, makes a decision on the appropriate disciplinary measure and the need to take it.

Is the employee required to answer?

The employee has the right to refuse to write an explanatory note because it directly or indirectly confirms his guilt. But often the best option may be the provision of an explanatory note in order to avoid more severe punishment in the form of fines or dismissal from work.

The employee who received official letter, notifying him of the requirement to provide an explanation, responds to it regardless of which decision he chooses: “to write an explanatory note or not.”

If he is not going to write it, he must notify the employer of the refusal. In any case, refusal to write an explanatory note is not considered an offense.

Writing an explanatory note from an employee

Legislative acts do not contain instructions on the explanatory form, they do not provide unified forms, but there are certain rules on which it is compiled.

Compliance with the rules for drawing up an explanatory note allows you to correctly formulate its content in order to benefit from it. It is drawn up on a sheet of paper in A-4 format in accordance with the provisions of GOST, published under the number R-6.30-2003.

It is written in a business style. In the “header” of the document a note is made about who it is addressed to and from whom it comes, usually it is written to the name general director. It indicates the name of the department where the employee works, full name. and position, signed and dated.

At some distance from the “header”, through several missing lines in the middle of the sheet, the name of the document is written down. Next, the text of the explanations is written in free form, observing correctness in sentences, literacy, and without spelling and punctuation errors.

The employee’s explanatory statement must consist of a detailed statement of all the circumstances that prompted him to commit a crime, in the event of his inaction, the reasons why he was not active.

It should indicate:

• assessment of the employee’s behavior based on the legality of the actions taken or identified inactions that explain disruptions in the performance of work or dishonest performance of the functional duties assigned to him and the appropriateness of the arguments given;
• admission or non-admission of guilt;
• circumstances surrounding the implementation of illegal acts;
• the employee’s attitude towards his offense, towards the negative consequences arising from the employer;
• the employee’s opinion regarding his employer’s holding him accountable due to non-compliance with labor discipline.

The explanatory note is written by hand, but in some cases, for example, if the handwriting is not clear, it is allowed to be typed on a computer, subject to the consent of the employer.

Watch the video of how a resourceful designer presented an explanation:

How to request?

When requesting explanations, the employer documents the date on which he requested explanations.

An official document, drawn up on the form of outgoing letters and called “Demand”, signed by the head of the enterprise or a person authorized by order for the enterprise, indicating the date, gives the employee the right to explain the reasons for the misconduct.

The date indicated in it helps the employee determine the deadline for submitting the explanatory note. In some cases, the letter is issued to the employee against signature, and a note is made indicating delivery of the request.

If the employee refuses to accept the requirement, then a report on his refusal to accept the requirement is drawn up. But in no case should an employer force an employee to write, because such an action is considered illegal. Coercion entails proceedings before the labor commission or in court based on a claim filed by the employee.

Deadlines

The deadlines for providing an explanatory note depend on the deadlines during which disciplinary sanctions are applied, noted in existing legislative acts. If the deadlines specified in the labor code have passed, then the penalty will not apply.

The employer has the right to request the provision of an explanatory note no later than a period of one calendar month after he learned about the disciplinary offense committed and a report on the event was drawn up, excluding days when the employee was sick or on vacation, the time required for consideration by a representative body.

After 6 months, in principle no disciplinary action can be taken. If violations are discovered during an inspection of the production activities of an enterprise on financial matters, during an audit or an audit, the period for presenting the penalty is two years, counting from the date of the offense. The legislation has established clear deadlines for imposing punishment, therefore, after their expiration, any action by the employer to impose a penalty, including the demand for an explanatory note, is considered illegal.

In accordance with the provisions of the Labor Code, the employee is given two working days to write an explanatory note.

The period allotted to him for explanations begins from the moment an explanation is requested. For example, an employer requested an explanatory note from an employee on November 28 during the working day. According to current legislation, the employee has two working days to write explanations, so the deadline for submitting an explanation will be December 1. But the employer’s demand, announced at the end of the working day, extends the deadline for submission until December 3, because Saturday and Sunday are days off in accordance with the employee’s work schedule, and the deadline for providing an explanatory note under Art. 193 of the Labor Code begins only after an explanation is requested.

Where is it applied?

The employer, having accepted the explanatory note, transfers it to the office, where it is registered in the order established at the enterprise in the register of internal documents.

The materials of the case regarding violation of discipline and the commission of an offense by the employee are considered by the head of the enterprise, as necessary. trade union committee or a commission, after which a decision is made on this event.

A note about the execution of the decision is made on the explanatory note. It is filed in the employee’s personal file for safekeeping, the duration of which depends on the aggravating reasons for the violation committed.

What to do if an employee refuses to write an explanatory note?

Tell me, please, is there an explanation for the suffering of animals who are killed not only for food (although this is an atrocity), but also just like that - bullying by knackers, shooting to reduce the number of stray dogs and cats, etc.? After all, animals, unlike people, do not have awareness, how can they learn karmic lessons? Or is this some kind of quantitative working out of the karma of past human incarnations: a sufficient dose of torment in the body of an animal - a transition to next life to a whole new level? Thank you in advance.

When a living entity - any human, animal - anyone - suffers, it is the result of his own sinful actions in the past. There are no other explanations for suffering. Of course, people who do not stand on the positions of Vedic knowledge can come up with all sorts of “alternative” explanations, but they will all be incorrect. We are not now considering the so-called suffering organized by God directly and associated with serving Him (for example, the suffering of Jesus Christ). This is a separate topic. We are talking about the ordinary suffering of ordinary living beings.

Animals do not have awareness, but they have consciousness. When they suffer, this negative sensory experience is recorded in their memory. The memory of a living being is absolute (everything is remembered) and is stored forever. Of course, at any given moment we remember very little, but in principle we can remember everything. This process of “remembering” is controlled by God.

The animal body contains the same soul as the human body. Yes, her ability to comprehend experiences is temporarily limited, but the memory of them stored in her mind can be “put into action” in the future. We don’t know exactly how this happens, but this possibility cannot be denied. Moreover, this seems to be the only possibility for “reconciliation” with the law of karma, because otherwise it really seems meaningless. Let's look at this issue carefully from a philosophical point of view, remaining in the position of Vedic theism.

So, everything that God does is intended to serve our good, since God is all-good. God made the law karma -"What goes around comes around". This means that suffering has a cause, and that cause is past sinful actions. God established this law for our benefit.

How can experiencing suffering benefit a living being? It is said that suffering is meant to show a living being that this world is not our home. A living being is by nature full of bliss, and suffering for him is an unnatural, alien state. It is intended to awaken in a living being an understanding of the need for exit, liberation from this world. But what's the point of tying today's suffering to some past actions about which the soul is in this moment does not remember? As a rule, these are actions from past lives. Even if the soul is in a human body and has awareness, as you say, it, as a rule, still does not know what past actions are connected with its current suffering. So is there any sense at all in this “accounting” - “Do it - get it”, if the soul does not understand why it receives suffering? There is meaning because the law of karma is established by God, and everything that God does is full of meaning. This means that it makes sense to link current suffering to past sins, even if the soul does not remember them now. And I will take the liberty of asserting, although I have not heard this explicitly from my teachers, that this meaning is that sometime in the future there will come a moment when the events of the past will be shown to the soul in their interconnection: “You did it.” , and as a result you had to experience it.” A kind of “debriefing”. Otherwise, how can karmic lessons be learned? How can a soul make the choice: “I don’t want to do this anymore”?

The soul must be able to see: “I acted in this way, and it caused such and such suffering to these living beings, and then as a result of this, such events happened in my life and I experienced the same suffering.” And at this moment the soul has the opportunity to make a decision: “I no longer want to act this way, I don’t want to cause this suffering to others, I understood how they felt because I felt it myself.” What seems important in this case is that there must be an awakening of compassion. In other words, if the soul thinks: “Damn, I don’t care about their suffering, but I don’t want to suffer myself, so it’s better for me not to do this,” then the lesson will not be learned, because in the new incarnation the soul will forget about the connection of certain sinful actions with their consequences for her, but the desire to perform these actions will remain. Whereas if compassion awakens in her, then this will strike a blow to the very desire to perform these actions, rooted in the heart, i.e., the purification of the heart will occur. Therefore, it seems to me that it is the awareness of the karmic connection of one’s own suffering with the suffering caused to others that contributes to the awakening of compassion and, accordingly, purification. In this case, the cause-and-effect connection of suffering to past actions takes on a completely clear meaning.

Law karma - this is the law of responsibility. Responsibility means that if I caused suffering to others through my actions, I must experience this suffering myself (if the consequences of my action were not neutralized, burned by some kind of cleansing spiritual practice). After all, in this world I play the role of the enjoyer, the master, the one who controls. Isn’t it logical that someone who tries to control everything should experience first-hand everything that his actions lead to, including for other living beings? But to learn from this, it must be possible to see everything in connection. Otherwise, if I have only one part (action, karma), and then forget about it and get the second (karmic consequence), is it possible to decide that I no longer want to sin like that?

Someone may try to come up with another mechanism that does not require direct vision of events in their interrelation. For example, a person was ready to cause suffering to some living creature (which indicates a remaining tendency to commit such sinful actions), but stopped and did not do this. Why? Because he remembered (at the “subconscious” level, so to speak), how he himself suffered in the same way in the past. And he suffered from the fact that even earlier he had committed those sinful actions (realized his inclination to commit them), which he now decided to abstain from. He understands that he would not want to be in the place of this living creature, because it will suffer. Moreover, he does not want this living being to suffer. Is it possible to learn a karmic lesson this way? Can this purification, the reduction in the tendency to sin, happen this way, at the subconscious level, without the need to both clearly and clearly remember the sinful action and the penalty for it and clearly understand that I no longer want to do that? Don't know. I am not such a great expert in the psychology of the conscious and subconscious to say this for sure. But in any case, the learning of a karmic lesson must somehow happen, and for this there must be a connection between the cause (sinful action) and the effect (one’s own suffering). And this assimilation does not have to happen in this life. With the help of memory (hidden, not fully conscious), it can also happen in one of the following lives, when the soul that was in the body of an animal receives a human form of life. Or it can happen between incarnations and in a completely clearly conscious form, which is what I am more inclined to do. We don't actually know what exactly happens between incarnations, but we do know that all memory is retained.

Now let's look at your assumption about “a certain quantitative working out of the karma of past human incarnations”, “a sufficient dose of torment in the body of an animal - a transition to a qualitatively new level in the next life.” Of course, such a theory is completely worthless, and here’s why. Working off karma is inextricably linked with the possibility of learning karmic lessons. Without this possibility, the simple mechanical experience of suffering has no meaning. And according to this theory, it turns out that the condition for moving to a qualitatively new level is a certain “dose of torment.” Like scales, the soul receives an animal form of life, carrying with it a certain burden of sins, like a weight on one side of a scale. Then the torment begins to accumulate on the other bowl. When enough of them accumulate, the scales will begin to move, and a transition to human form will occur. A sort of mechanical idea of ​​law karma - no awareness, just dead accounting. But what do you think, God needs accounting? Is he taking revenge on living beings? “You have sinned so much, you must suffer just as much, and that’s it, I don’t care about the rest.” No, God wants us to realize our mistakes, learn our lessons, and want to return to Him. Law karma - it is His love for us, not a desire for revenge. Why does He need our suffering simply as such, without the opportunity to learn from it? He is not a sadist who loves to watch others suffer. And not a pedant, concerned only with ensuring that “the balance is right.”

Critics of the Vedic view of the world portray the law of karma as such a blind impersonal force, fate, fate, merciless and meaningless. And then they claim that the law of karma obviously does not make sense, and therefore the very idea of ​​karma is erroneous. But what is actually wrong is their own understanding of karma. First, in their minds, they distort the Vedic idea of ​​it, imagining the law of karma in such a mechanistic form, when it is simply necessary to experience suffering for suffering, as an end in itself, without awareness (since we do not even understand why we are suffering), and then they break their own own perverted idea to smithereens. Or they simply claim that there cannot be any law of karma, since “our experience shows that there is no direct connection between suffering and a person’s actions in the past” (after all, the past for them begins with conception, and before that, from their point of view, “nothing was not") and “The Bible says the same thing” (although the Bible clearly says: “What you sow is what you reap”). But what can they offer in return, other than vague and unconvincing reasoning that leaves the question of sin and its atonement unanswered?

Let me complete the answer to your question here, and I hope to return to the debate with critics of the law of karma in future publications.

Haribol,
Omkara

An explanatory note is a document that must be attached to the materials about the misdemeanor. Sometimes explanations can play an important role in the fate of an employee: he can remain at work, and not be fired for violation of discipline, if he competently presents his point of view to the director and justifies his behavior.

There are no requirements in the legislation for the mandatory preparation of notes, but written justifications are still a document that must be taken into account in accordance with the requirements of the Labor Code. A personnel officer interested in an employee must be able to competently draw up explanatory notes.

What is an explanatory note

The Labor Code contains a rule: all materials about violations of discipline in the company are examined only taking into account the explanations of the culprit. This means that the degree of guilt of the employee and his possible prosecution is determined only after the culprit explains the circumstances and reasons for his behavior.

By order, the director has the right to request explanations, and the culprit must state them in writing, formalizing them according to the rules. The fate of the offender depends on how the explanatory note is drawn up and how the explanations are presented: the director will decide whether to punish the employee or show leniency.

In fact, an explanatory note is an official document that, according to the norm of Article 193 of the Labor Code, must be attached to the order to give explanations. Explanations are like the last word of the defendant. Although they do not solve the problem, they will be taken into account and may even influence the decision-making process.

Important

Order on disciplinary punishment will be considered invalid , if two days before its publication (or earlier) explanations were not requested from the culprit.

The personnel officer should not forget about the need to remind the manager about the request for explanations, so that in the event of a disciplinary sanction, the actions are legal.

Important

The culprit has no obligation to write an explanation, but the order to give an explanation must be handed to him against signature!

If the culprit refuses to sign the order, an act of refusal to sign is drawn up in his presence. There is another option: send the order by registered mail with acknowledgment of receipt. In this case, the personnel officer will have proof that the requirements of the Labor Code have been met.

Types of explanatory notes

There are two types of notes, which can act as:

• explanations for the behavior of others;
• justifications for one's own behavior.

The first type is applied if an emergency situation or violation of discipline occurred due to the fault of outsiders. Such a note describes circumstances that occurred without the participation of the addressee.

For clarity, an example of an explanatory note from a personnel officer attached to the vacation schedule:

The second type of explanatory notes is an employee’s statement of the circumstances of any violation of discipline or emergency situation that occurred through his own fault. Since we have a legal state, in each case the presumption of innocence should apply to a participant in a disputable situation. And therefore, it is impossible to categorically find an employee guilty if he did not participate in the analysis of the situation.

For example, You cannot reprimand someone for being late for work unless the latecomer is asked to explain the reason for the delay..

At the same time, explanatory notes must be drawn up in such a way that the addressee can understand the reasons for the violation of discipline and the very essence of the situation, on which the decision directly depends: to execute or pardon.

Differences between an explanatory note and an official, report or explanatory note

Explanations are not explanations or a report, but an explanation of one’s point of view, sometimes different from the generally accepted one, a kind of justification. In turn, a memo is a report of a violation, an explanatory note is an appendix to a document containing an expanded view of it, and a memo is a request.

As you can see, these four types of notes are completely different, but they have the same goal: to convey information. Meanwhile, the form and requirements for the design of these types of notes are similar.

How to write a note

Like any other official document, an explanatory note must be clearly structured. Required elements are:

• hat (indicating the name and position of the director and the culprit);
• reference to the order or notification of the boss;
• essence of the problem;
• explanations;
• request for mitigation or release from punishment;
• number and signature of the addressee.

You can write a note either on the computer or in handwriting. However, the impression of the author should not be spoiled by shortcomings:

• You need to write a note on flat paper;
• without errors and strikethroughs;
• in a respectful tone.

Important

The HR officer can prepare a note form, structuring it, and if necessary, simply print it out and give it to the addressee: he will independently enter the circumstances and his data.

Explanatory note sample

Notifying the employee to give an explanation

It is not for nothing that the explanatory note should contain a link to the order
directors. After all, one of the instructions of the Labor Code, when registering a violation of discipline, the culprit must be given a requirement to give an explanation against signature.

The requirement is written as follows:

• the name of the company is indicated at the top;
• date and registration number(matching the entries in the logbook);
• the name is written (“Order” or “Demand” to give explanations);
• the essence of the problem is described (when and why the act of violation of discipline was drawn up);
• the requirement itself is indicated (“I order: the GC mechanic A.D. Trubin to provide the secretary with written explanations about the violation within 2 days from the date of delivery of this requirement”);
• the document is endorsed by the director;
• Under the text is the signature of the culprit indicating familiarization with the document (or a link to the act of refusal to sign, or to a postal receipt confirming the sending of a registered letter to the culprit).

In its turn The general algorithm for applying punishment according to the rules of Article 193 is as follows::

• an act of violation is drawn up (namely, an act that records the time of the violation and its essence - the event and a listing of the actors, and not a requirement to give an explanation);
• an order is issued requiring the employee to explain the circumstances: the culprit must sign for familiarization with it or receive it by mail (ideally, it should be dated the same date as the act of violation);
• the act and explanations are reviewed by the director and a decision is made (the director can put a visa on the act, for example, “reprimand”);
• after two days, you can issue a discipline order or not issue it at all, if the director deems it necessary to show leniency (it must be borne in mind that no more than 30 days should pass from the moment the act is drawn up to the day the order is issued). This period does not include vacation or illness of the culprit).

All materials must be placed in the appropriate nomenclature folders. However, if the HR department for different types documents provide for separate cases, then copies of the act, the order to give explanations and the explanatory note must be attached to the original order on discipline.

Important

If the culprit has not considered it necessary to explain himself within two days, you need to draw up an act stating that the order was served, but the explanatory note was not provided on time.

There is a scientific explanation for conformity. It is very important for us that our opinion coincides with the opinion of the majority, or at least a group that is important to us. The most famous and long-standing example is the story of Solomon Asch and the three lines. They show you three lines on the screen and you have to say which one is the longest. But there are several decoys sitting in front of you who are asked which line is the longest, and they all say: “Middle”. You see that in fact the longest line is, for example, the right one. But there is a very high probability that the subject will give the same answer as the majority in at least some tests. Due to the fact that a hundred thousand hamsters cannot be wrong. Due to the fact that they apparently see something that the subject does not see. Due to the fact that it is calmer and clearer for him.

Solomon Asch's experiments were carried out in many different modifications. In particular, it has been shown that if there is someone who disagrees with the majority, it becomes easier for people not to follow the majority. Even if that person gives the wrong answer and says that the longest line is right or left, although this contradicts the correct answer. They see that it is possible to disagree and begin to think for themselves. This is something that psychology has been researching for a long time.

Today there is a mountain of knowledge about how it works human behavior, on the one hand, experimental psychologists are digging, and on the other, neuroscientists. For example, at HSE there is a professor, Vasily Klyucharyov, who studies how conformism manifests itself. The paradigm of his experiments is as follows: first, he shows participants photographs of girls, and they must evaluate whether these girls are beautiful or not; it further shows how the girls were supposedly rated by other participants in the experiment. As a result, it has been proven that people have reduced activity in the pleasure center if their assessment differs from the assessment of the majority.

Then Vasily’s British colleagues used a similar system for a little more detailed work: They first showed people photos of girls, then they said that other people appreciated them differently. After this, the subjects were allowed to go for a walk, and then again they were shown photographs of the same girls. There were a lot of photographs, about one and a half hundred. No one remembered how he had previously rated the girls, but this time their ratings were closer to those that other people allegedly gave.

In addition, this experiment assessed the activity of the nucleus accumbens at the moment when we look at Beautiful face. Because when we look at beautiful girl, in principle, the activity of our pleasure center increases. So, activity increased when the subject received information that society considers this girl beautiful. That is, they did not answer differently from what they think, in order to be closer to the majority - they changed their own ideas about beauty in accordance with what is accepted here.