Official investigation into the fire. Sample order for an internal investigation against an employee

The concept of “official investigation” is not defined by the legislator, but it is adopted in business practice and is found, although not in direct form, in legislative acts. For example, Article 247 of the Labor Code of the Russian Federation obliges the employer to conduct an inspection if damage has been caused to him in order to establish its extent and causes.

When is an internal investigation carried out?

For any deviation from normal order when it is necessary to understand what happened, identify the causes, culprits, and determine the consequences.

As a rule, such a check is carried out in the following cases:

• inventory shortages;
• complaints from customers or staff;
• violations of internal rules labor regulations, employment contract or job description;
• violations of local regulations (safety regulations, fire safety and so on);
• disclosures commercial information;
• causing material damage to the organization or employees;
• receiving and giving bribes;
• other abuses.

This list is not exhaustive and can be supplemented by any employer at its discretion.

So, here's an example official investigation in relation to the employee.

How to start an internal investigation

The employer has the right to create a commission with the participation of relevant specialists. For example, if we're talking about about theft, the commission will probably include a representative of the accounting department, the security service and the department where the theft was discovered. The commission is often headed by either a manager or an internal auditor.

However, there are no requirements for the composition of the commission. Any person chosen by the manager can enter it, with the exception of those involved, directly or indirectly, in the violation. The minimum size of the commission is three people.

In this case, the manager must issue an order. To do this, you will need a sample order to conduct an internal investigation, a sample is presented below.

Order on the creation of a commission

What does the commission find out?

During the inspection, the following circumstances are revealed:

• the essence of the violation;
• the amount of damage caused;
• the reasons and conditions that led to the offense;
• the person who committed the offense;
• degree of guilt;
• mitigating and aggravating circumstances;
• measures to bring perpetrators to justice;
• preventive actions to prevent such violations.

When the circle of potentially guilty persons has been determined, and in some cases it can be quite wide, the commission collects written explanations. In this case, explanations can be collected both from the perpetrators and from employees who, in one way or another, can explain what happened.

An explanatory note is drawn up by the employee on the basis of a notification issued by the commission. The notice describes the incident and may include a list of questions that the employee must answer. In the copy of the notice that remains on file with the commission, the employee must indicate the date of receipt of the notice and sign.

The employee has the right to refuse to provide explanations. In this case, it is necessary to record this fact in the act of refusal to provide an explanation. It is composed by members of the commission.

An explanatory note is drawn up in free form by hand addressed to the manager, the date is indicated and a signature is placed. If the employee admits his guilt, he has the right to indicate the presence of mitigating circumstances in an explanatory note.

In addition to the explanatory note, the commission collects other documents that can shed light on the circumstances of the incident: reports and office notes eyewitnesses of the incident, inventory reports, auditors’ conclusions and independent experts, acts of measuring the readings of control and measuring equipment.

Results of the internal investigation

At the end of the investigation, the commission draws up a final document - an act, which is signed by all members of the commission. You will find a sample report of an internal investigation at an enterprise below.

The perpetrators must also be made aware of the act. If the employee refuses to confirm with his signature the fact of familiarization, this must be certified by the signatures of independent persons.

The employee or his representative has the right to familiarize himself with all inspection materials and appeal them if he disagrees with the results.

Based on the results of the inspection, measures may be taken disciplinary action. They must be included in the sample conclusion of the internal investigation.

Based on Art. 248 of the Labor Code of the Russian Federation, recovery from the guilty employee of the amount of damage caused, not exceeding the average monthly earnings, is carried out by order of the employer. The order can be made no later than one month from the date of final determination by the institution of the amount of damage caused by the employee. If the monthly period has expired or the employee does not agree to voluntarily compensate for the damage caused to the employer, and the amount to be recovered from the employee exceeds his average monthly earnings, recovery can only be carried out by the court.

Sample act on conducting an internal investigation

What is the time frame for conducting an internal investigation?

The period for conducting an internal investigation under the Labor Code must be consistent with the period limiting the imposition of a disciplinary sanction. According to Part 3 of Art. 193 of the Labor Code of the Russian Federation, disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion representative body workers. The day the offense was discovered, from which the countdown begins month period, is considered the day when the person to whom the employee is subordinate at work became aware of the commission of an offense, regardless of whether he is vested with the right to impose disciplinary sanctions (paragraph “b”, paragraph 34 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “ About the application by courts Russian Federation Labor Code Russian Federation").

Act
investigation of circumstances and causes
fire occurrence

_________________________________________________________________________ (Name customs authority) " "_______________19___ g.________________ By the Commission (me) ___________________________________________________ (position, surname, initials) on the basis of the order_____________________ dated " "____________ 19_____.

for N ___________ together with _____________________________________________________ in the presence of ___________________________________________________________ (position, surname, initials) an investigation was carried out into the circumstances and causes of the fire in ________________________________________________________________ (name of the customs authority) that occurred ____________________________________________________________ (name of the building, premises) _________________________________________________________________________ (date, month, year)

The investigation established: construction characteristics buildings (date of construction, material of walls, ceilings, roofing, type of heating and lighting).

Compliance of the building (structure) with existing building codes and regulations. For production premises short description technologies.

2. Circumstances of the fire:

The situation before the fire occurred, what heating devices were used, etc., who was the last to leave the building (premises), who inspected it before closing (if the fire occurred in non-working hours), who discovered the fire.

The situation in the building (structure) at the time the fire was discovered. Location of the fire.

The time of closing the warehouse (storage facility), the time of detecting a fire and calling the fire brigade is recorded.

3. Fire extinguishing:

Actions of persons who discovered a fire and customs officials to extinguish the fire and evacuate property. The situation when the fire brigade arrives.

The actions of arriving fire brigades, the procedure for using water supply sources and supplying trunks.

Distance from the water supply source to the fire site. Weather conditions, wind direction and strength.

Assessment of the work of fire brigades, water supply. Time to localize and extinguish the fire. Accidents with people.

4. Cause of fire:

It is indicated and justified the most probable cause fire. What contributed to the spread of the fire. Indicate who is conducting the fire investigation.

5. Fire damage:

What was burned and damaged by fire. General damage from fire, including structures, equipment and property.

6. The culprits of the fire:

Direct culprits of the fire. Officials customs authorities who did not ensure the implementation of fire safety measures. What specific violations of the requirements of orders, instructions and fire safety rules were committed by them during the operation of the premises or during the storage of property.

7. Condition against fire department at the customs office:

The main shortcomings in the organization of fire protection of the customs authority.

A list of unfulfilled measures related to the cause of the fire, its spread and extinguishing.

8. Conclusions:

The fire in the customs office occurred as a result of violations of ____________ _________________________________________________________________________ (indicate which requirements of the orders on fire safety measures __________________________________________________________________________ were violated) ________________________________________________________________________ 9. Proposals for write-off material assets destroyed by fire, and compensation for the damage caused _________________________________________________________________________ _________________________________________________________________________ Chairman of the commission ___________________ ___________________________ (signature) (initials, surname) Members of the commission ___________________ ___________________________ (signature) (initials, surname) ___________________ ___________________________ (signature) (initials, surname) " "_______________19___

I have read the act:

Head of the customs authority

___________________ ___________________________ (signature) (initials, surname)

I agree with the commission's conclusions

______________________ ___________________ ___________________________ (position) (signature) (initials, surname) " "______________19____.

ACT OF INVESTIGATION OF THE CAUSES OF FIRE

"____" _______________ 2011

1. Name of the object:
COMPANY "_______________"
Address: ________________________________________

2. Composition of the investigation commission (order number and date of creation of the commission):
Chairman – _______________________________
Members of the commission:
- _________________________
- _________________________
- _________________________
- _________________________

Order No. ___ dated ____ January 2011

3. Condition of the object, structure, etc. before a fire occurs:
Satisfactory.

4. Time of start and extinguishing of the fire (date, time):
The fire occurred on ___ February 2011 at __ hours ___ minutes. At ___ o'clock ___ minutes the fire was declared extinguished.

5. Description of fire detection and its development:
The fire was discovered by a security guard. The fire occurred in the _______ pavilion. The fire spread to neighboring pavilions in a matter of minutes - ____________. As a result, the entire row of pavilions turned into a fire; the fire area was 200 m2. In the process of extinguishing the fire, the fire department managed to localize and eliminate the fire within the boundaries of this series stores and prevent its spread throughout the territory shopping complex.

6. Taken measures fire extinguishing by facility personnel, voluntary fire brigade. Calling the fire department, its arrival, organization and progress of extinguishing. By whom and by what means the fire was extinguished. Pros and cons of firefighting:
When a fire was discovered, the fire department was immediately called. Before their arrival, the staff of the shopping complex independently began to extinguish the fire and localize it. At the early stage of the fire they were used powder fire extinguishers OP-4. After de-energizing the pavilions as fire extinguishing agent water was supplied to the fire site through fire hydrants.
The fire department was called at ___ o'clock ___ minutes. At ___ o'clock ___ minutes the first fire crews arrived at the scene of the fire and began to extinguish it. At ___ o'clock ___ minutes the fire was completely localized.
6 fire crews worked on the fire. The fire was extinguished with water from fire engines.
Positive aspects: timely detection of a fire, call and arrival of the fire department. Effective fire extinguishing: preventing its spread to nearby pavilions and buildings (localization), rapid fire extinguishing, no casualties.
Disadvantages: powder fire extinguishers turned out to be ineffective in extinguishing fires; it is impossible to extinguish fires indoors (due to the toxicity of flue gases) without gas and smoke protection kits.

7. Subject to availability automatic installations fire detection and extinguishing, indicate their type, operating efficiency (disadvantages and positive sides), who carried out the design and installation of the installation:
The pavilions are equipped with an automatic security and fire alarm system. To detect a fire, smoke fire detectors (DIP type) are used. The number of detectors in each pavilion is at least two.
The design of the security and fire alarm system and its installation were carried out by the owners of the pavilions.
Servicing of the security and fire alarm system was carried out by ____________ under a contract.

8. Permitted deviations from building codes and rules (SNiP), as well as departmental regulatory documents that contributed to the occurrence and development of the fire:
Not known.

9. The role and actions of the traffic police in the prevention, organization and extinguishing of fires:
Fire prevention – fire safety briefings, monthly inspections of compliance with fire safety requirements, training with the voluntary fire brigade.
Organization and extinguishing of fires - calling the fire department, extinguishing the fire primary means fire fighting, evacuation of people.

10. Consequences of the fire (what burned, what was damaged): building construction, unit, equipment, materials, etc.:
Burnt out ___________________________. The adjacent row of pavilions was damaged (pavilion decoration, advertising signs).
Also suffered damage _________________________.

11. Established cause of the fire and its development. If necessary, apply expert opinion specialists on the causes of fire:
The probable cause of the fire is a violation of the rules technical operation electrical installations (PTEE), namely electric heating devices (heater) were left unattended, connecting electric heating devices to devices without grounding (tees, extension cords).

12. Persons whose violation of the requirements of regulatory documents led to the outbreak and development of a fire:
Pavilion staff.

13. Officials responsible for violations and specific shortcomings in work (failure to perform or improper performance of official duties):
Pavilion staff

14. Information about victims of the fire:
There were no casualties.

15. Material damage from fire:
To be confirmed.

16. Fire condition the unit in which the fire occurred, and, if necessary, the facility as a whole:
Fire condition– satisfactory. The pavilions were equipped security and fire alarm, each pavilion had a fire extinguisher (powder) and an RCD.

17. To be implemented and recommended organizational and technical events(corrective measures) to prevent the occurrence of similar fires and improve the fire safety of the facility:
Based on the results of the investigation and for the purpose of further fire prevention, order No. ___ dated March ___, 2011 was drawn up with a plan to eliminate shortcomings and prevent fires.

Applications:
1. Explanatory notes(report) of personnel involved in extinguishing the fire, eyewitnesses and persons involved in the fire on _____ page.
2. Certificate of damage caused by fire, signed by the manager and chief accountant on page ______.
3. A copy of the fire report drawn up by the Fire Department on ______ page.
4. Description (protocol), photographs, drawings (diagrams) explaining the location of the fire and its spread, as well as areas of heavy smoke on ______ page.
5. Order from the facility manager based on the results of the fire investigation on ______ page.

Signatures of commission members

An internal document recording the circumstances disciplinary offense and the presence of its composition is an act of official investigation, or an act of official inspection.

The presence of such a document in the case litigation with the employee or conducting an inspection will allow you to prove compliance with the requirements of Art. 192-193 of the Labor Code of the Russian Federation. And this means that there is certain nuances, which the drafter of the act and the head of the organization must take into account when conducting an internal investigation and preparing the corresponding act. We will talk about them in this article. If you have any difficulties, you can use the help of a duty lawyer.

By the way, pay attention to local acts organizations. Perhaps the form of the official investigation report at the enterprise has been approved. If not, you can develop one based on our example.

An example of an official investigation report

I CONFIRM:

LLC "Kuvshinka"

CEO

Bratchikov Rodion Konstantinovich

Compiled by the commission:

Chairman: Head of HR Department P.R. Malakhov

Members of the commission:

Fact of violation: failure by administrator Sinitsina Anastasia Vladimirovna to fulfill assigned duties to notify the migration division of the Main Directorate of the Ministry of Internal Affairs of Russia for Krasnodar region in Gelendzhik about the arrival of foreign citizens at a place of temporary stay within 24 hours (violation of Article 20 Federal Law“On migration registration of foreign citizens and stateless persons” dated July 18, 2006 No. 109-FZ).

As a result of the internal investigation, the following was revealed:

1. April 18, 2017 to the Kuvshinka hotel at the address: Gelendzhik, st. Morskaya, 48, at 12 noon. 48 min. Citizen of the Republic of Uzbekistan Farkhudov Makhmud, born 04/08/1972, arrived for a temporary stay.
2. According to the work time sheet and logbook, on April 18, 2017, administrator Sinitsina A.V. fulfilled her functional responsibilities from 06 o'clock 00 min. until 06 o'clock 00 min. April 19, 2017, incl. for checking in guests and providing them with hotel rooms. Sinitsina A.V. provided the citizen of Uzbekistan Farkhudov M. with room 309 on the third floor of the hotel, and also took payment and issued a receipt.
3. In violation of clause 2.4 of the job description of the hotel administrator and Art. 20 of the Federal Law “On Migration Registration of Foreign Citizens and Stateless Persons” dated July 18, 2006 No. 109-FZ notification of arrival foreign citizen to the place of residence of Sinitsina A.V. was not filled in migration unit was not submitted to the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory in Gelendzhik.
4. On 05/05/2017, as a result of an inspection carried out by the Main Directorate of the Ministry of Internal Affairs of Russia for the Krasnodar Territory in the city of Gelendzhik, a administrative protocol and a decision was made on administrative offense according to Part 4 of Art. 18.9 Code of Administrative Offenses of the Russian Federation. Overlaid administrative penalty in the amount of 400,000 rubles.
5. According to written explanations Sinitsina A.V. dated 05/05/2017, I did not send a notification to the Main Directorate of the Ministry of Internal Affairs for the Krasnodar Territory in the city of Gelendzhik due to forgetfulness.
6. Previously, the employee showed diligence in work, job responsibilities completed on time. There are no outstanding penalties. For violations labor discipline was not held accountable. Works at LLC "Kuvshinka" employment contract in the position of administrator since 08/05/2015

Having studied the materials, namely: Internal labor regulations, job description hotel administrator, materials of the case of an administrative offense, explanations by A.V. Sinitsina, the commission comes to the following conclusions:

1. In the actions of Sinitsina A.V. contains composition disciplinary violation, expressed in improper execution employee through his fault assigned to him labor responsibilities, as a result of which the employer suffered damage in the amount of 400,000 rubles.
2. Involve Sinitsina A.V. To disciplinary liability and apply disciplinary action in the form of a reprimand.

Chairman of the commission:

ETC. Malakhov

Members of the commission:

Occupational safety specialist S.S. Vykhina

Leading legal adviser D.V. Fedoseeva

I have become familiar with the official investigation report:

Sinitsina A.V.

What to do before drawing up an official investigation report

An official investigation report is drawn up in cases of damage to the employer due to the actions of an employee or detection of violations of labor discipline. Such a document must also be drawn up if you intend to fire an employee for absenteeism.

An internal investigation or inspection is initiated by a resolution of the head - the first person of the organization. The composition of the commission is approved by order, and the inspection period is limited to 30 calendar days. The members and the chairman of the commission must familiarize themselves with the order. By the way, these should be persons not associated with the incident.

The commission collects and studies documents related to the incident, and requests explanations from the employee (mandatory). In case of refusal, a corresponding Act is drawn up (similar to). Based on the results of the inspection, an Internal Investigation Report is drawn up, which is signed by all members of the commission and the employee in respect of whom it was carried out ().

What is included in the official investigation report

The commission for conducting an internal investigation must establish the following facts:

• whether damage was caused to the company, whether there was an incident or violation of labor discipline by the employee
• the circumstances under which it happened
• consequences of the incident and the cause-and-effect relationship between the actions of the employee (workers) and the damage caused
• whose fault, what was it expressed in
• circumstances mitigating or aggravating liability (fact of previous violation of labor discipline, etc.)
• conclusion of the commission: whether the fact of violation by the employee of his duties has been established. The type of disciplinary sanction can be established separately by order of the manager at his discretion, or can be expressed in an act of internal investigation.

Internal investigations at enterprises are not so rare. The impetus for this procedure is separate document entitled “Order to conduct an internal investigation”, written as a result of the occurrence of any emergency situation in the organization.

FILES

What might be the reason for an investigation?

The job description of any employee contains a section that prescribes responsibility for certain violations. Typically there are clauses about:

• causing damage to the company,
• damage to inventory items,
• non-compliance with labor discipline,
• negligent performance of labor functions,
• disclosure trade secret and so on.

All these offenses can entail quite serious consequences for the organization and cause an internal investigation. And if this happened, then the internal “investigation” will help to establish the true cause of the incident and determine the degree of guilt of a particular employee.

Investigation procedure

In some types of offenses, conducting an investigation is the responsibility of the employer, while in other cases it is a voluntary initiative of the manager. If such an investigation is not carried out, the employee will be able to appeal in the future. disciplinary punishment to which he was subjected.

However, the investigation procedure is quite labor-intensive and responsible, so for it by separate order appointed special commission. Its main task is to clarify the circumstances of the incident, talk with the alleged culprits, establish the degree of their guilt, and calculate the damage caused to the organization.

The composition of the commission should include at least three people from different departments companies. All of them must be sufficiently qualified and competent specialists to conduct an investigation efficiently, at the proper level, analyzing all the motives, cause-and-effect relationships and other circumstances. In this case, you need to act extremely carefully, avoiding violation of workers’ rights. As a rule, the commission includes:

• representative internal service security,
• lawyer,
• employee accounting department or economist,
• technical worker, for example, engineer, etc.

The commission may also include the head of the company.

Investigation results

After conducting an investigation, the commission special act makes its decision, which, if there is evidence of the employee’s guilt, serves as the basis for imposing disciplinary punishment on him.

Usually in such cases the punishment comes in the form of a reprimand or even dismissal; rarely does anyone manage to get away with a reprimand. In addition, the employee may incur financial liability(if facts of intentional damage to the property of the enterprise have been proven).

IN special situations internal investigation may serve as the basis for initiating an administrative or even criminal case, as well as lead to the filing of a civil lawsuit against the culprit.

Who writes the order

The secretary of the organization, or the employee who is the authorized representative of the manager, is directly involved in drawing up the order. At the same time, the order itself is always written on behalf of the director of the company and must be certified by his signature (in case of his absence from the workplace - by the acting deputy).

Basis for the order

Any order must have some basis. IN in this case it is either a representation from the head of the department/head of the unit in which the violation was discovered. The order must include a link to this document.

How to create an order

Currently there is no standard unified sample an order for an internal investigation against the offending employee. Enterprises and organizations can write it in any form or use a template developed within the enterprise, based on its needs (in this case, the form of the order must be approved in the company’s even policy).

The order for investigation must include a number of basic information. This:

• name of the employing company,
• personal data of the employee: his position, full name, information about the incident,
• link to the base
• information about the persons responsible for its implementation.

Also, the order must be numbered and dated. It is not necessary to put a stamp on the document, because... since 2016 the legal requirement for legal entities(as previously for individual entrepreneurs) the use of stamps and seals in work has been cancelled.

How to place an order

The order is written in a single copy. It can be compiled either on a regular A4 sheet or on letterhead enterprises, in printed or handwritten form (all this does not matter). However, it must contain the following signatures:

• head of the company,
• responsible employees,
• if necessary, the person in respect of whom it was drawn up.

Sample order

1. At the beginning, on the left or right (it doesn’t matter), the name of the organization is written, indicating its organizational and legal status (i.e. CJSC, OJSC, individual entrepreneur, LLC), as well as the date and number of the document.
2. After this, the word “Order” is written in the middle and its meaning is briefly conveyed a little lower (in this case, “about an official investigation”).

Then the main part of the order is located.

3. First, a “preface” is entered here, that is, information about the emergency situation (violation, misconduct, etc.) and the employee who committed it, and the date of the incident is indicated.
4. Then separate points the order itself is written. Here the composition of the commission is appointed (the positions of the company’s employees, their surnames, first names, patronymics are indicated) with the chairman and ordinary members identified, their goals and objectives are prescribed, including drawing up a conclusion on the investigation.
5. A person responsible for carrying out the order is appointed as a separate item.
6. After this, a reference to the basis (with its number and date) is entered into the document.
7. At the end, the order is signed by the manager, as well as all the employees mentioned in it.