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Dear All,

Greetings of the day.

My name is Sidharth Kumar, and I work as an HR manager in the telecom sector. My company provides technical services to telecom operators such as Airtel, Idea, and Jio. Our primary responsibility is to maintain tower signal strength and networking, for which we have hired technicians. However, it has come to our attention that some technicians are not meeting the company's standards despite several verbal instructions and notices sent via email. Consequently, the mobile network signal in their area frequently weakens, leading to significant financial penalties for the company. As a result, the management has made the decision to terminate these individuals.

I am seeking your support and guidance in drafting the termination/notice letter.

Thank you very much.

Regards,
Sidharth Kumar

From India, Mumbai
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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 despite 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 defense will you have to prove that the misconduct merited termination without even the domestic enquiry?

If the employee commits a crime, involves in the vandalization of the company property, or any misconduct that falls within the purview of "moral turpitude," merits termination without an 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 incorrigible, then you may proceed with the enquiry and terminate the services of the employee(s).

Thanks,

Dinesh Divekar

From India, Bangalore
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Thank you very much, Sh. Dinesh Divekar, sir, for your valuable suggestion and guidance.

Sir, in a warning letter, how should it be formatted? If you have any templates or examples for reference, it would be a great help in preparing the final warning letter.

From India, Mumbai
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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
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@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
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Dear Saswataji,

Yes, a warning through email is very much a warning letter. However, the impact that a warning letter on a company letterhead delivers is different. In contrast, there is a sense of superficiality or casualness that can creep in when the warning is sent via email.

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

Thanks,

DVD

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