Handling Refusal to Sign a Warning Letter for Misbehavior: What Should HR Do Legally?

Handling Refusal to Sign a Warning Letter

If someone refuses to sign a warning letter for misbehavior or fighting in the factory, what actions should HR take from a legal perspective? Can we impose a fine, or should we consider other actions?

I understand your matter very well. You need to talk with the employee in a very polite manner who has done this act and take a signature on the warning letter. I want to clarify that a warning letter is not a decision. It only shows misconduct done by the employee. You need to tell them that he can put his reply within 24-72 hours (depending on the type of misconduct). If his reply is not satisfactory, then domestic inquiries will happen, and further processes will occur. If he denies it, you need to stop his entry on your premises with the help of security guards or seek police assistance.

Thanks & Regards,
Ravi Khandelwal

Hi Vivek, I had a similar situation a couple of months back. As the employee refused to sign the letter, we simply sent him another letter informing him that the warning still stands and that it will be placed on file for a period of 12 months. Should another incident occur, then the first incident will be taken into account in reaching a decision. In that letter, we also gave a one-time opportunity to give reasons for not signing and placed a time limit of one week for the reply. I hope the above helps.

Regards,
Harsh

Vivek, this matter is related to workplace conduct and behavior. This may be resolved with your internal handling mechanisms.

Workplace and Factory Altercations

Workplace/factory altercations are common, more so from a conduct perspective. In service-based organizations, it is handled on a 'zero-tolerance' basis. In a factory setup, the same practices may be followed but with extra precautions and factors in mind.

Practical Advice

Please involve the floor HR/supervisor in this matter; two verbal warnings are usually provided, after which the first warning letter is issued. If the issue still persists, the factory management may resort to providing the second warning letter or may terminate the worker directly and settle his due wages till the last working day.

The worker should be provided with all the reasons why the factory management considers him unfit for this job and how negative decorum is affecting the factory's working ethics and environment.

A worker is bound to provide replies to the questions raised by the factory management. If not, then it is up to the factory management to initiate legal action against the non-compliant worker. Please proceed with utmost caution while dealing with this case.

Thank you.

Have you received any report from the concerned department or area supervisor regarding the incident?

1. If yes, have you conducted a preliminary inquiry, also known as a fact-finding procedure?

2. If the misconduct or misbehavior occurred, it must have been incorporated into your Standing Orders. If not, any action against the misbehaving employee could be challenged in a court of law.

3. A warning letter is typically issued when the employee admits to misconduct. It is not clear from your post whether this has occurred.

4. After the preliminary inquiry, if misconduct is found and witnessed by other employees on the same shift and a supervisor, you can proceed with a show-cause or chargesheet notice. This notice should include the date, time, place, type of misconduct, relevant clause and subclause, and must be issued by the controlling authority. The punishment can only be given by the appointing authority. At every stage, the employee must be given sufficient time to provide an explanation, as required by the principles of Natural Justice.

I hope you have followed these steps before taking any legal action. Knowledgeable members can provide further guidance. Thank you.