Tushar.swar
Manager - Human Resource
Arunmjadhav
Assistant Manager-hrd
Adoni Suguresh
Sr.executive (per & Adm)
Lavika Yadav
Manager-hr
K C S Kutty
Labour Laws
+8 Others

Thread Started by #sumalrajvp

Hi,
Please help me out to prepare a warning letter for negligence. Below is the letter i have prepared. kindly let me know if there is any better way to write this letter.
Thank You.
Written Warning for Negligence
Date: July 14, 2014
Employee Name:
Designation : Receptionist
Dear ....,
This is a written warning being issued to you for negligence resulting in destruction of company property.
We have noticed that the main door of the facility was not properly locked on July 15, 2014, after the closing shift. As you were the only person who was working in closing shift of that day, it was your responsibility to check the doors are locked properly.
Due to this incident, 1 day salary will be deducted from your monthly pay for July.
Sincerely,

16th July 2014 From Kuwait, Kuwait
Damage word will be more appropriate as per my knowledge.
And may I know what kind of damage has happen.As door locking should be the responsibility of a decided person and in his absence other person should be given charge.I understand that she must have checked before leaving.but If there is any concerned person to check all the door and lock it then his salary should also be deducted.
16th July 2014 From India, Mohali
Hi,
keeping door open is not a grave misconduct.
If it's His/Her first incident then instead of directly deducting his/her salary, you should give him/her only warning letter instead of deducting salary.
It was not willful. Mistake can happen from anyone even from CMD of the company also, but providing them chance of improvement which will be justified.
one more thing...................
What the security dept was doing? it's their responsibility also to check all the doors & windows are locked properly or not.
Rest you can decide....................
Arun J.
16th July 2014 From India, Hyderabad
Dear,

When we appreciate or give token of appreciation for good performance, in the same way we take disciplinary action or penalized for any misconduct. as i believe that, we all have learn same thing in our management study. therefore, company has to penalized any employees if in case of guilty.

But, Penalization should be as per gravity of offense, not as per choice of company.

For Example, As per court judgement, sleeping on duty by security guard is major Negligence or offense in his service & company can take action against him.

Now, in this case questions are raised here...?

1) Did you have written JD of respective person which is included the same responsibility & duly signed by both party..?

2) What kind of damaged or loss got to company due to such kind of Negligence..?

3) What is the gravity of such Negligence..?

4) Have you conducted the Domestic inquiry on the same on the ground of Nature of justice..?

4) Company doesn't have right to deduction any salary due to such incident unless & until company don't have written standing order which is approved by Labour Dept.

5) in such case, you may issue her only warning letter, can't be deduct any salary.
16th July 2014 From India, Mumbai
Dear The lock of door is responsibility of security dept. as far as my knowledge is concern. Secondly as per standards of company act we cant deduct anyone salary; majorly this is not a crime.
17th July 2014 From India, Jodhpur
Hi,
I don't think deducting the salary will solve any issue, or it can make the situation worse. As i have faced similar situation in my office. this will add up to employee dissatisfaction if the mistake wasn't done intentionally. It may increase negativeness among employees whoever talks to the receptionist. also, according to section 108 (not precisely) of labour law, you can't deduct salary on such grounds until you have given this in written beforehand.
So think wisely in a win-win situation. All the best.
Rashmi Atri Bhan
17th July 2014 From India, Delhi
Your warning letter is dated 14th July 2014 and in the letter it is mentioned that the said incident happened on 15th July 2014.
17th July 2014 From India, Madras
Hi...
as per my knowledge salary deduction is a not solution for any damages , this type of misconducts or incidents are common in industrial field,in this time once we may strictly worn all concern dept.
17th July 2014 From India, Bangalore
My views are as follow
1. if this is 1st incident with that employee, then issue only warning letter.
2. Penalty is applicable if you have Misconduct policy and specified the areas for penalty (%age) in case of Damage.
3. These policies should be easily accessible to the employees (so implementation is easy for HR (for any deductions in the salary).
Above mentioned points are only a views (not a decision) as per my experience.

17th July 2014 From India, Bangalore
Hi.....
Experts are already given their opinion about imposing of penalty. Before imposing any punishment the gravity of misconduct should be considered. If the employee caused damages willfully or not ? If the loss is not major you can issue a warning letter to be cautious in future in such incidents failing which a disciplinary action will be taken against you. In my opinion this is enough. Still you want to punish him by deducting his 1 day salary then you have to prove his negligence while on duty by way of inquiry. Such deductions are to be shown in the Form II Deduction for damages or loss to the Company as per Act.
Adoni Suguresh
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
17th July 2014 From India, Bidar
Ms Rashmi Which labour law has section 108 dealing with deduction of salary? please highlight for academic interest of juniors. Varghese Mathew
17th July 2014 From India, Thiruvananthapuram
It is always a relation,motivation & convincing along with discipline work rather then action or punishment.
18th July 2014 From India, Hinganghat
Dear...
Before penalizing her with 1 day salary, you will have to note the following important thinngs.
1. Whether the door lock and key was under the possession of that lady.
2. If so, the opening and locking work was assigned to her.
3. If assigned, is there any log book maintained at the gate or in reception itself.
4. At the time of joining in her terms of employment this work was given to her or only oral assignment was given to lock the door.
5. Because of her negligence any loss from the company due to non-locking of the door?
6. If the loss is for the door only you can rectify the door and give her a warning letter without penalty.
7. If it is more in damage to other properties or theft like that, you can penalise her as decided.
As far as i am concerned the letter drafted is Ok.
regards
V.Ganesan
18th July 2014 From India, Madras
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