Why is a reference required from the place of work to the court?
This document is requested by the prosecutor, judge or lawyer in order to have a more complete picture of the person involved.
What qualities the accused has, whether he is prone to committing crimes, and what his relationship with people is like, allows one to make an objective decision, because the task of the law is not so much to punish in this case, but to help to improve.
Namely, for this you need to know the internal “portrait” of a person. Sometimes this is also necessary to confirm personal qualities or solvency - for example, if there is a civil process for the adoption of a child.
Such a document is requested either by law enforcement officers, or by a lawyer, or by the company employee himself.
The document is drawn up by the general director and the head of the personnel department of the enterprise. In this case, no special request for the release of personal information of employees is required. The exception is a lawyer's request.
How to write a characteristic correctly? The paper is always prepared on the company's letterhead with a seal. There is no strict form, the points may change depending on what process is going on, but it will always contain information, a ready-made sample of characteristics from the place of work to the court:
- last name, first name and patronymic of the person involved, date and place of birth, also passport details:
- full name of the company, its address;
- education, qualifications;
- about career growth: when a person joined the company and in what capacity, what qualifications he achieved, when he graduated from working in the company (if he no longer works there);
- how he gets along with people, what he’s like in a team;
- degree of responsibility;
- personal data.
Read more about where and why you need a reference from your place of work here.
In a criminal case
A sample reference from a place of work with a court in a criminal case will be identical to the sample that we considered above, only for a criminal case, the paper must necessarily reflect information about whether the citizen is prone to offenses, whether he has been brought to disciplinary liability, and if so, then for what reasons and how many times.
Do you have conflicts with others, with those higher and lower on the job ladder?
How he comes into contact, how he has established himself with clients, what is the level of loyalty or aggression of this person.
If a description of a driver is being drawn up, then the document must reflect the following - what kind of car was entrusted to the person, how the citizen treated it, whether it was regularly inspected, and how it proved itself on the road.
It will also be of great importance whether fines were applied to this employee, and if so, for what. Were there any cases of deprivation of rights, and if so, for what reason? The point that especially deserves attention is whether this driver was charged with drunk driving. Find out more about a positive characteristic for a driver here, and read about how to create a negative one in this material.
Whatever the topic, management should present complete and truthful information in the document, avoiding excesses, but also not overly compressing the basic data.
It is clear that, in general, managers meet employees halfway and strive to describe them in a more favorable light, but we must not forget that if we are talking about a criminal article, then everything that is requested from the employee will be checked for authenticity. And if it turns out that information was stated that did not correspond to reality. this will threaten trouble not only for the person involved, but also for the management of the company.
The characterization, once on the judge’s table, will be added to the case materials. By itself, it cannot free a person from responsibility, of course; the judge will be guided when making a decision only by his inner conviction, as well as the principle of conscience - this is what this paper will influence.
How to write a characteristic correctly?
General requirements
- The text is printed on A4 paper.
- Information is provided from a third party in the present or past tense.
- The document is signed by the employee’s supervisor or an authorized representative of the company administration.
- The signature is certified by the seal of the organization.
Responsibility for the content of the characteristics lies with the person who endorsed the document.
The document should be different:
- Brevity, compact writing of the text.
- Accuracy, definiteness of thought, unambiguity, uniformity of words.
- The sequence of using technical techniques of legislation.
Procedure for document execution
Structuring the text in the characteristics is carried out according to the following rules:
- First, write the title of the text in capital letters in the center of the document.
- Then personal data is provided.
- The next point is the name of the organization, the date of issue of the document. Sometimes the date is placed at the bottom of the text on the left.
- Below is a description of the employee’s work activity, business and moral qualities.
- The document ends with information about the purpose and purpose of the business paper (must be indicated when drawing up the external characteristics).
The text of the characteristic is drawn up in a logical order and consists of the following parts:
- Document's name.
- Employee profile information: full name, patronymic, last name, year of birth, education.
- Information about activities in the organization: duration of work at the enterprise, position held or specialty of the person being characterized, official powers, achievements in performing duties.
- Displaying the business and moral qualities of an employee: level of qualifications, professional growth, ability to work in a team, data on awards and incentives, fines and penalties.
- Conclusion: the purpose of writing the characteristic and its purpose are indicated.
https://youtu.be/b3_U1jTl2Rk
Detailing the content of the document text
The main purpose of drawing up a profile is to describe the professional suitability, business and personal qualities of a person.
Each of the three components needs detail.
Let's look at each aspect in more detail.
When assessing professional qualities , pay attention to the following:
- experience in this type of specialization;
- level of skill in performing duties;
- speed of task completion;
- interested attitude towards innovation in the field of activity;
- the ability to generate ideas and bring them to life.
When listing business properties, the following qualities are assessed:
- employee intelligence level;
- organizational, management skills;
- the ability to be responsible for a business, area of work or the activities of an entire company;
- the ability to make the right decision in a situation of heightened tension.
- degree of activity in modernization and restructuring of production.
The moral character of the employee must also be reflected in the document. It is closely related to the following concepts:
- human character, life position.
- role in the team, family.
- the ability to perceive and solve life and production problems.
Characteristics of a person's personality for use in court
A special place in office work is occupied by characterization in court.
There are no established rules for writing such a description. In terms of content, a business document is a description of the personal qualities of an employee.
To reach a verdict in favor of the accused, when writing a character reference, consultation with a lawyer and the person’s personal consent to the proposed version of the document are required.
How to write a character reference for a student who is undergoing an internship?
Compiled by the curator, dean, group leader, mentor at the workplace where the student did his internship. In general, the principle of paperwork is similar to that used when drawing up documents for employees of organizations. It is drawn up on the letterhead of the educational institution and signed by the compilers.
This document always contains:
- passport information of the citizen;
- full name of the educational institution;
- when was he enrolled, in what department, what type of training;
- name of the faculty, specialty, group number;
- overall academic score;
- GPA;
- citizen's attitude towards learning;
- participation in creative life, achievements in this area;
- participation in social activities;
- what are the relationships with other students and teachers;
- date, signatures, seals.
Responsibility for content
Within the content, a letter of recommendation can have a positive, negative and neutral connotation.
But these judgments are evaluative, so the court will review them several times before making an appropriate decision. The main requirement for content is its objectivity. In the process of drawing up the paper, it is important to start from the role of the citizen receiving the reference in the court proceedings. After all, even if he is a defendant, all data must be objective. It is also important to indicate for what purpose the paper is being prepared.
In practice, there are often cases when an employee does not agree with the characteristics presented for him. It happens that an employer judges his skills subjectively and wants to “annoy” him for personal reasons by submitting false information.
In this case, the employer should be aware that such an approach to the matter risks administrative liability in the form of a fine of 1000-1500 rubles. and compensation.
The employee should write a complaint and ask for an objective description. If the requirement is not met, the colleague has the right to appeal to higher authorities.
Writing example
Limited Liability Company "Alfastroy-M", Moscow, st. Shumkina 28, building 3.
Characteristic
to Borisov Ivan Ivanovich.
Borisov Ivan Ivanovich, 01.02. Born in 1977 (passport 0404 641873, issued by the Department of Internal Affairs of Serpukhov and the Serpukhov region) was hired by Alfastroy-M LLC on April 24, 2014 as a driver of a Lada-Kalina car number A 666 OM. Currently he continues to hold the same position. Throughout his work, Ivan Ivanovich showed himself to be an efficient and responsible worker, conscientiously fulfilled his job duties, and systematically submitted his car for inspection. He has established himself as a disciplined and skillful driver.
Ivan Ivanovich is non-conflict, modest, unobtrusive, and easily gets along with people. In the team he showed himself to be a non-conflict and reserved person.
There were no cases of disciplinary action. Mr. Borisov was awarded twice over the past year for exemplary work.
The car entrusted to him, Lada Kalina number A 666 OM, was never involved in traffic accidents, and administrative fines were also not applied.
Date: April 14, 2020
General Director of Alfastroy-M LLC Martynov A.A.
Head of HR Department Nikiforova M.I.
Find out more about what constitutes the characteristics of a student from the place of practical training in this material.
Sample document for the mother from the place of work for the court
Characteristic
After indicating the date of compilation of the document and the title, the following text may appear: “Issued to Margarita Petrovna Kharitonova, born on July 15, 1981. She received her education at Moscow State University with a degree in economics. Married. Has two children (7 and 5 years old). She worked at the LLC “Vash Dom” company from 04/04/2010 to 15/02. 2020 as an accountant. While working, I was sent to trainings on the “Chief Accountant” and “Consultant Plus” programs, and took courses on the “Accounting Reports 2016” program. Every year she received a year-end award for effective and qualified professional activities. She was not subject to disciplinary action. Possesses the following qualities: diligence, organization, dedication, punctuality. All tasks assigned to her were always completed on time and with maximum efficiency. The employee was respected among her colleagues due to her high professional competence and developed communication skills. The characteristics are drawn up for presentation at the destination. Head of the accounting department of LLC “Your House” A.S. Vetrov (signature).”
Find out more about how to write a job description for an economist here.
Sample document for an employee from the place of work to the court
Characteristic
Limited Liability Company "Retail" INN 123456789123 OGRN 1234567891 Legal entity. address: Moscow, st. Sadovaya, 55 Tel./fax; 147-25-36
December 28, 2020 Moscow CHARACTERISTICS
This characteristic was issued to Ivan Ivanovich Ivanov, born April 15, 1978, who has been working at the Retail Limited Liability Company from December 14, 2001 to the present as a HR manager.
Ivanov I.I. has a higher education (diploma No. 123456 series AB, issued on June 1, 1999 by Moscow State University), married, and has two children.
During his period of work at Retail LLC, he established himself as a responsible and hardworking employee. His responsibilities included personnel management, issuing daily plans, etc. Ivanov I.I. has a great desire to move up the career ladder. He has no disciplinary sanctions during his employment. He is hardworking, has leadership qualities and is respected among his colleagues. Differs in responsibility and punctuality. Able to quickly respond to difficult situations and find a decent way out.
This specification is provided upon request.
General Director of Retail LLC
Full name Signature
Read more about the secrets of drawing up a sample reference from a place of work for a worker here, and find out in more detail about how to correctly write and prepare a reference from a place of work in this material.
Can a characteristic be negative?
It is not necessary that the characteristic be only positive. The document is drawn up in free form, which means that the person described has every right to write there any information of a personal nature in relation to the defendant. Simply put, if you don’t like your neighbor as a person, then you can safely indicate this in the document.
Compliance with the rules of the law and its order applies equally to everyone, without exception. Thus, the provision of false or less than plausible identity information from neighbors, friends or relatives (third parties) may subject the latter to liability. You need to understand that although the document does not carry an official direction and has no legal force, it can significantly influence the course of events. The defendant may receive a more lenient sentence, for example, instead of a suspended sentence, etc.
The information provided in the description can also be verified at any time by a court or law enforcement agencies. It is not an exception that these persons may be subpoenaed to re-submit information orally.
We invite you to familiarize yourself with Drawing up a divorce certificate
Some advice for those who act as “participants” in a lawsuit:
- carefully read the contents of what you are asked to sign. This is especially true when you were not personally present when the document was drawn up;
- clarify for what reasons this citizen was held accountable;
- say only what you know for sure about the person;
- According to the law, a witness cannot refuse to duplicate his testimony or words if he is summoned to a hearing by the court. Also, if necessary, the citizen may be asked to clarify his statements, etc.
Each citizen may require a reference from their place of residence. This sought-after document may be requested by educational institutions, courts, law enforcement agencies, and this is not the entire list of organizations for which you will have to provide a reference.
Sample of writing a certificate
Certificate No. 1 09/12/2015 Omsk The certificate was given to Anna Timofeevna Bokova that she actually works at SibMetal LLC as the head of the sales department with a salary of 50,000 (fifty thousand) rubles. The certificate is provided to be provided at the place of request.
No citizen can consider himself insured against participation in civil or criminal proceedings. And that is why it is important that the characterization does not spoil the impression of the person among those into whose hands it falls, and does not aggravate the responsibility that threatens the person.