Need Help Drafting a Warning Letter for an Employee Who Resigned Abruptly Without Notice

Request for Warning Letter Format

Please share the warning letter. I need a format for a warning letter for an employee who resigned without prior intimation. As per our Appointment Letter, we have a clause stating that no employee will leave the organization before completing 3 years of their job, and they should not join any other organization with similar interests or activities related to our organization.

Please help with drafting this letter. We would also like to include legal points related to his resignation.

Regards,
Sonia

Dear Sonia, The format is mentioned below.

Dear Mr.

This refers to our telegram dated _______ regarding unauthorized absence from work. In spite of the above, you have not yet reported to our office, and there is no information about you. You are advised to report to _______ latest by __________, failing which it would be construed that you are no longer interested in serving our company, and your services will be terminated as per applicable rules.

Thanks,
Rachna

Thank you, ma'am. But I need another thing. Actually, he resigned with a notice period. However, our company rules state that no one can resign before completing three years and not join any other organization in the same field. How can we legally deal with him in this situation?

An employee in our company joined another company without resigning and proper handover of work. I have been asked to prepare a warning letter for this individual. Could anyone please help me by providing a format for a warning letter in this case, asking the person to either serve the notice period of one month or pay three months' salary to the company?

Regards,
Dorothy

Legal Considerations in Employment Contracts

Article 19 in The Constitution of India 1949 states:

19. Protection of certain rights regarding freedom of speech, etc. (g) to practice any profession, or to carry on any occupation, trade, or business.

The Indian Contract Act, 1872

27. Agreement in restraint of trade, void. Every agreement by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, is, to that extent, void.

Please read this section/article. I hope you cannot warn anybody for resignation.

Regards