PRIVATE & CONFIDENTIAL
________
________
________
CIN: ________
________
Email: ________ | Telephone: ________
Date: ________
To,
________
Employee Code: ________
________, ________
________
________
Email: ________
Sent by: ________ (and by email, acknowledgement requested)
RE: FIRST WARNING LETTER — IRREGULAR ATTENDANCE AND BREACH OF SERVICE CONDITIONS
Dear ________,
This letter is issued to you in your capacity as an employee of ________ (the “Company”), with reference to your appointment dated ________ and the terms and conditions of your employment, the Company’s Standing Orders / Service Rules, and the applicable Code of Conduct (collectively, the “Service Conditions”). This letter constitutes a formal, written warning in accordance with the principles of natural justice and fair domestic enquiry recognised under Indian law, including the Industrial Employment (Standing Orders) Act, 1948 and the Industrial Disputes Act, 1947 (and the corresponding provisions of the Industrial Relations Code, 2020, to the extent in force), as applicable.
§ 1. NATURE OF THE MISCONDUCT
1.1 It has come to the attention of the management that you have been habitually irregular in attendance and have failed to observe the working hours and discipline required under your Service Conditions.
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§ 2. PARTICULARS OF THE INCIDENTS
2.1 The following specific instances have been recorded against you:
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2.2 A total of at least ________ infraction(s) have been noted during the period ________.
2.3 The aforesaid conduct constitutes misconduct within the meaning of the Company’s Standing Orders / Service Rules and is in breach of the lawful and reasonable directions of the Company.
§ 3. WARNING AND CONSEQUENCES
3.1 You are hereby formally warned that the above conduct is unacceptable and must cease forthwith. Pursuant to this warning, the following consequence(s) shall apply:
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§ 4. OPPORTUNITY TO BE HEARD
4.1 In keeping with the principles of natural justice, you are afforded an opportunity to explain your position. You are required to attend an in-person meeting with the undersigned on ________ at ________ at ________.
4.2 You may also submit a written explanation in response to this letter within ________ day(s) from the date of receipt hereof. Should no response or explanation be received within the said period, it shall be presumed that you have no explanation to offer, and the Company shall be entitled to proceed in the matter as it deems fit.
4.3 A follow-up review meeting will thereafter be scheduled to assess whether the said conduct has been rectified, and you will be intimated of the same in due course.
§ 5. EXPECTED CORRECTIVE ACTION
5.1 You are expected to correct the aforesaid conduct with immediate effect and to strictly adhere to the prescribed working hours, attendance norms, and discipline going forward.
§ 6. ACKNOWLEDGEMENT
6.1 By signing this letter, you acknowledge that you have received and understood this warning. Your signature shall not be construed as an admission of the contents hereof or as agreement therewith, but solely as confirmation that you have been duly made aware of the conduct described herein and of the consequences that may follow if it is not corrected.
6.2 Please note that failure to correct this conduct, or the commission of any further infraction of a similar nature, may result in additional disciplinary action up to and including suspension or termination of your employment, in accordance with the Service Conditions and applicable law.
A copy of this letter shall be placed in your personnel file maintained by the Company.
Kindly sign, date, and print your name below in acknowledgement of receipt:
Employee Name (Printed): _____________________________________
Employee Signature: _________________________________________
Date: ______________________________________________________
Should you wish to discuss this matter further, please feel free to contact the undersigned.
Yours sincerely,
________
________
For and on behalf of ________
Signature: _____________________________________
Acknowledgement of Receipt (for office use)
Received by: ________ | Date of receipt: ________ | Witness: ________