If an incident occurs at the enterprise, then in addition to recovering from the guilty employee material damage It is necessary to carry out an inventory and an internal investigation. It is necessary to avoid unpleasant consequences in the future and to insure against such cases.
An inventory is needed to assess the damage caused, an internal investigation is needed to identify the causes of its occurrence. The investigation is carried out in stages and at the end an official investigation report is drawn up.
Sample order for an internal investigation
It should consist of those employees who are not associated with the incident. It usually includes specialists and management representatives. It should find a place for a lawyer, accountant, head of personnel, head of security, and so on.
The chairman of the commission is appointed to conduct the investigation, and the secretary is appointed to maintain documentation.
After an order is issued to conduct an internal investigation, all members of the commission must familiarize themselves with it and sign it.
Collection of information
To establish the degree of guilt of the employee, the connection between the incident and his behavior, the commission must collect and analyze all the data. To do this, she must interview witnesses, summarize the documents, view all the evidence.
Employee's explanation
The commission, in accordance with the Labor Code, must request a written explanation from the employee in connection with what happened. The secretary draws up a request in which the employee must sign. If he refuses to do this, you need to fix this fact.
If the employee refuses to give written explanations or evades the performance of duties, then an act must be drawn up in which the witnesses sign.
commission meeting
After all the information is collected and summarized, the commission meets and answers the following questions:
- whether there was an incident (causing damage) and how it manifested itself;
- what are the circumstances, time and place of damage;
- what are the consequences of the incident;
- what are the causes of the damage;
- what is the fault of the person (or several persons), expressed in their actions or inaction at the time of the damage;
- whether there are circumstances that mitigate or aggravate the responsibility of the perpetrators for the incident.
Drawing up an act
sample actAfter the completion of all discussions, the commission draws up an act, from the text of which it should be clear:
- what kind of damage was caused to the company and how it was expressed;
- what is the responsibility of the perpetrators and what exactly is their guilt (description of their actions or inaction);
- that there is a causal relationship between the emergency and the behavior of the employee.
All materials are filed in the “Case” folder, numbered, and an inventory of documents is compiled.
The act is certified by the signatures of all members of the commission and the guilty party. If the employee refuses to sign on the act, eyewitnesses must testify with their signatures.
The employee has the right to view all materials of the investigation and appeal them (Article 247 of the Labor Code of the Russian Federation).
(Size: 31.0 KiB | Downloads: 15,975)
If any violations are found in the enterprise, it may be necessary to find out the various circumstances of the misconduct and identify the perpetrators. This procedure is called an internal investigation and is regulated by the labor law.
The concept of "official investigation"
An official investigation- this is a kind of set of measures taken to collect, analyze and verify information about a misconduct in order to identify the guilt of the employee, and sometimes identify the guilty person, if this is not immediately known.
According to Art. 21–22 of the Labor Code of the Russian Federation, when signing an employment contract, the parties acquire rights and obligations. The employer has the right to hold the employee liable for violations. But first it is required to establish that it was he who committed the offense and that his guilt is really present.
Common violations for which investigations are carried out:
Failure to perform a labor function;
Violation official duties according to instructions;
Causing material damage.
This list is not closed; in practice, any other situation may arise in which an internal investigation is required.
When the fact of a crime, for example, theft, is revealed in the event of a violation, upon completion of the official investigation, the head can additionally report it to law enforcement agencies.
Checking and studying the materials is accompanied by the execution of special documentation, so that later the employer has the opportunity to defend his case.
Official investigation under the Labor Code: algorithm
Procedure for conducting an investigation:
1. Creation of a commission and publication of an order. Usually, the commission consists of at least 3 people: for example, a lawyer, an economist and a personnel worker.
2. The direct work of the commission with the study of all aspects of the case, the collection of evidence, the questioning of witnesses, etc.
3. If the guilty employee is known, he writes an explanatory note.
4. Preparation of an act of investigation and its signing by all participants in the proceedings.
During the investigation, mandatory points are established, without which it is impossible to recover damages:
- whether actual damage has been caused and to what extent,
- the presence of liability under article 239 of the Labor Code of the Russian Federation,
- the presence of guilty actions or inaction of the employee,
- the existence of a connection between the actions (inaction) of the employee and the consequences.
In fact, an official investigation is a direct procedure for studying the case materials that prove the guilt of the offender.
Order to conduct an internal investigation: sample
There is no standard sample order for an internal investigation in relation to an employee. It is allowed to compose it in a convenient form. It must include the required items:
The name of the company and its organizational and legal form;
Brief description - "on the conduct of an official investigation";
Description of the circumstances for which it is required to conduct an internal investigation at the enterprise;
Composition of the commission;
The period of the investigation;
Head's signature;
They print an order to conduct an internal investigation on the letterhead of the company. All interested persons should familiarize themselves with it under the signature.
Sample order for official investigation
The act of conducting an internal investigation: sample
Normative acts do not establish a specific sample of an official investigation act. However, it must contain the required information:
Title, date and place of the document;
Composition of the commission;
Information about the person about whom the check was carried out;
Designation of the purpose of the investigation;
Circumstances identified during the audit;
The decision on the guilt or innocence of the employee.
Additionally, the official investigation report contains a list of documentary evidence requested and received during the investigation. At the end of the document, the signatures of the commission, the guilty person and the date of his acquaintance with the act are put.
A properly conducted investigation will allow the organization to protect its rights in the event of a possible appeal of the employee guilty of misconduct to a higher authority.
Order on the establishment of a commission and an internal investigation into the theft at the workplace
Samples on the topic: Order. Work
<1>According to Art. 248 of the Labor Code of the Russian Federation, an order to recover from the guilty employee the amount of damage caused, not exceeding the average monthly earnings, is made by order of the employer no later than one month from the date the employer finally establishes the amount of damage caused by the employee.
Order
A selection of the most important documents upon request. Order for an internal investigation (legal acts, forms, articles, expert advice and much more).
Articles, comments, answers to questions. Order to conduct an internal investigation
(Vakhrusheva Yu.)
Forms of documents. Order to conduct an internal investigation
Form: Order on the establishment of a commission to conduct an internal investigation. Loss of trust (sample)
Order on the establishment of a commission to conduct an internal investigation. Loss of trust (sample filling) (Prepared by ConsultantPlus specialists,)
The form has been prepared using legal acts as of 21.01..
The form was developed for the Human Resources Guide. "Disciplinary sanctions. Remark, reprimand, dismissal."
investigation. Loss of trust
(sample filling)
Limited Liability Company "Art-ex"
(LLC "Art-ex")
On the establishment of a commission to conduct an internal investigation
In connection with the inventory and the revealed fact of shortage of inventory items
I ORDER
1. Create a commission to conduct an internal investigation to establish the reasons for the shortage of inventory items in the warehouse, consisting of:
The chairman of the commission - the head of the material and technical department D.A. Naganova
Commission members:
Head of Personnel Department - Yu.A. Kuprin
Head of the duty service - A.E. Potapova
Accountant - E.P. Vasilyeva.
2. Commissions before 10.03. conduct an investigation into the shortage of inventory in the warehouse. Responsible: chairman of the commission D.A. Naganov.
3. I reserve control over the execution of the order.
General Director Kharitonov M.B. Kharitonov
Familiarized with the order:
head of logistics
department Naganov D.A. Naganov
An official investigation
If an incident occurs at the enterprise, then in addition to recovering material damage from the guilty employee, it is necessary to conduct an inventory and an internal investigation. It is necessary to avoid unpleasant consequences in the future and to insure against such cases.
An inventory is needed to assess the damage caused, an internal investigation is needed to identify the causes of its occurrence. The investigation is carried out in stages and at the end an official investigation report is drawn up.
Creation of the commission
Sample order for an internal investigation
It should consist of those employees who are not associated with the incident. It usually includes specialists and management representatives. It should find a place for a lawyer, accountant, head of personnel, head of security, and so on.
The chairman of the commission is appointed to conduct the investigation, and the secretary is appointed to maintain documentation.
After an order is issued to conduct an internal investigation, all members of the commission must familiarize themselves with it and sign it.
Collection of information
To establish the degree of guilt of the employee, the connection between the incident and his behavior, the commission must collect and analyze all the data. To do this, she must interview witnesses, summarize the documents, view all the evidence.
Employee's explanation
The commission, in accordance with the Labor Code, must request a written explanation from the employee in connection with what happened. The secretary draws up a request in which the employee must sign. If he refuses to do this, you need to fix this fact.
If the employee refuses to give written explanations or evades the performance of duties, then an act must be drawn up in which the witnesses sign.
commission meeting
After all the information is collected and summarized, the commission meets and answers the following questions:
Drawing up an act
sample act
After the completion of all discussions, the commission draws up an act, from the text of which it should be clear:
All materials are filed in the “Case” folder, numbered, and an inventory of documents is compiled.
The act is certified by the signatures of all members of the commission and the guilty party. If the employee refuses to sign on the act, eyewitnesses must testify with their signatures.
The employee has the right to view all materials of the investigation and appeal them (Article 247 of the Labor Code of the Russian Federation).
Sample act of internal investigation at the enterprise download (Size: 31.0 KiB | Downloads: 307)
Outdated form or article? Please click!
About conducting an internal investigation
FEDERAL MINING AND INDUSTRIAL
SUPERVISION OF RUSSIA
About conducting an internal investigation
Based on materials submitted by the Chief Federal Inspector for the Penza Region of the Office of the Plenipotentiary Representative of the President Russian Federation in Privolzhsky federal district Fomin V.V. (letter dated April 22, 2003 N A53-21 / 384), and audit certificates of the Control and Audit Department of the Ministry of Finance of the Russian Federation in the Penza Region (acts dated May 22, 2003 and May 29, 2003)
I order:
1. Create a commission to conduct an internal investigation consisting of:
Zhulina S.A. - Head of the Department of Chemical and Petrochemical Production of the Office for Supervision in the Chemical, Petrochemical and Oil Refining Industry (Chairman of the Commission);
Komisarov V.Ya. - Chief Specialist department of lifting facilities of the Office for Boiler Supervision and Supervision of Lifting Facilities;
Timakov M.V. - chief specialist of the control and revision department of the Financial and Economic Department.
2. The Department of the Middle Volga District (Sokolov I.A.) to conduct an internal internal investigation and submit, by 15.08.2003, the necessary explanations and documents for the work of the commission.
3. Commissions to conduct an internal investigation and submit to the leadership of Gosgortekhnadzor of Russia until 05.09.2003 an act and proposals to eliminate violations in the Office of the Middle Volga District of Gosgortekhnadzor of Russia.
4. To impose control over the execution of this order on the deputy head of the Gosgortekhnadzor of Russia A.I. Subbotin.
Some cases that occur in the course of the activities of certain institutions and organizations attract special attention from management.
In certain cases, a whole range of actions is required to establish the facts of what happened, the causes and possible consequences for the organization or its employees - an internal investigation.
Stages of an official investigation
Checks in the form of official investigations are appointed in cases that are quite out of the general scope of the normal labor activity. Often, these are serious misconduct of a disciplinary nature or emergency situations that occurred at work.
An official or internal investigation is carried out in order to establish the culprit or the degree of guilt of an employee of the company in what happened, the facts that served as a motive or cause, actions, consequences that led or could lead to a certain action or situation.
The conduct of the service is initiated by the desire of the leader, when he becomes aware of such circumstances, which it is not possible to draw an objective conclusion about in the usual way or from the reports of subordinates.
In cases of industrial accidents or damage to health, service checks are necessary, since this is not only a requirement of the law, but also a real necessity, since the damage caused requires punishment of the perpetrators and commensurate compensation.
An internal investigation is carried out by a special group of authorized employees - a commission appointed by the management. The head of the company himself can also take part in the work of such a commission and lead it, or simply after receiving the result of the group's work, analyze it.
All actions of the commission for conducting an internal audit begin, and the commission itself is convened, after the issuance of the corresponding order. The head in the document fixes the powers of the members of the commission during an official investigation, fixes its numerical composition. An order to conduct an internal investigation, a sample of which can be downloaded from the website, describes the incident that requires an internal audit.
The results of an internal investigation may entail not only disciplinary liability to the employer, but may well serve as grounds for initiating a criminal case or filing a civil suit against the guilty person. Based on the serious consequences of such an event, it is required to carry out an internal audit of sufficient quality, fully analyzing all the causal relationships and motives of the persons who were participants in the event that required an investigation.
How to disable ads on Android: remove pop-up ads
The Russian received a term and a million fine for "piracy Negative consequences of the law
Identification of key factors
The criteria for classifying organizations and individual entrepreneurs as small and medium-sized businesses have changed
See what "Royalty" is in other dictionaries Pitfalls of legislation