Dear All,
Greetings of the day.
my self sidharth kumar working as HR manager in the telecom sector. my company provides technical services to telecom operators like Airtel, Idea, Jio. Our job is to maintain tower signal strength, networking, for that we hired technician for the same. In our daily practice, it is observed that some of the technicians not performing as per company standard. They have given serval verbal instruction, notices on mail but the performance is still not up to mark. The mobile network signal is getting down very frequently in his area resulting in a heavy financial penalty to the company. Now management has decided to terminate those people.
Thus, I need your support and guidance in preparing the termination/Notice letter.
Thank you very much.
Regards
Sidharth Kumar

From India, Mumbai
Dear Sidharth Kumar,

If the service technicians were not following the laid down SOPs for the mobile tower maintenance, then after giving the verbal warnings, you could have given them the written warning(s). If the employees remain intractable in spite of the written warnings, then a further step is to order the domestic enquiry. Based on the enquiry findings, you can terminate the delinquent employee.

However, in your case, you are jumping from the email warnings to the termination services. There is a risk of bypassing the domestic enquiry. What if the terminated employee(s) approach the labour court? What defence will you have to prove that the misconduct merited termination without even without the domestic enquiry?

If the employee commits some crime, involves in the vandalisation of the company property or any misconduct that falls within the purview of the "moral turpitude", merits the termination without enquiry.

In view of this, give a written warning to the employee(s) concerned. It could be the last and final warning. If the employee(s) remain(s) incorrigible, then you may go ahead with the enquiry and terminate the services of the employee(s).

Thanks,

Dinesh Divekar

From India, Bangalore
Thank you very much, Sh. Dinesh Divekar sir for your valuable suggestion and guidance.
Sir, in warning letter how it should be, if i can have a any format or something for referance. It would be great help for preparing final warning letter.

From India, Mumbai
Dear sir,
I have drafted this....your suggestion, guidance required.
Subject:- Show Cause Cum Warning Letter

Dear Mr. …………………….,
This is in reference to the regular complaint we have been receiving against your pathetic behavior and poor performance. Verbal warnings have been given to you from time to time for the improvement of your performance. Despite all these, there are no signs of improvement. It is to mention that our nature of the work is maintaining the public utility of utmost importance and there are regulators in the field where the performance is continuously monitored and lapses are heavily penalized.

In a recent event, It has been observed that one of your site namely JHJAM-197 SIDHGORA-GSM-253 has been down for more than …………………. caused the outage and generate huge penalties. On internal inquiry, it is found that this can be avoided if you pay due diligence towards the work/responsibility assigned to you. In addition to that, you are also not been obeying the instructions given to you for the betterment of your performance. The feedback from you’re reporting Head is totally disappointing.

All this is causing a grave situation in our business by your sheer negligence ……Company Name……… reputation and business has come at stake. All this amounts to grave negligence of the code of conduct and totally against the policies of the company.

Accordingly, you are hereby required to show cause on before 03rd June 2021 as to why you should not be dismissed or otherwise punished. Should you fail to submit your explanation as required, it will be presumed that you admit the charges and have no explanation to offer and the matter will be disposed of without any further reference to you and the company may take serious action that might also lead to the discontinuation of services.

for ……………………….

Authorised Signatory

From India, Mumbai
@Dinesh ji, isn’t Email Warning equivalent to written warning? @Siddharth, is there any clause in your terms of employment that given in case of failure to perform the work and follow SOP?
From India, Mumbai
Dear Saswataji,

Yes, a warning through email is very much a warning letter. However, the punch proper that a warning letter on a company letterhead delivers is different. In contrast, somehow a superficiality or casualness creeps in when the email is sent.

Secondly, in the duplicate copy or the office copy of the warning letter, when the signature is obtained, it brings seriousness in its wake.

Thanks,

DVD

From India, Bangalore
@swatabanerjee Sir, it’s mentioned in our appointment letter.
From India, Mumbai

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