Warning Letter Format for Employees (India, 2026)

Is a warning letter required by law?

No law in India prescribes a warning letter format. The Model Standing Orders, 2026 for the service sector (Schedule C) do not mention a warning letter at all. They list acts of misconduct and, after an enquiry, the penalties an employer can impose. A warning letter is a company practice that sits before that formal process. It creates a written record that the employee was told about the problem and given a chance to correct it.

When the Model Standing Orders apply

Under the Industrial Relations Code, 2020, standing orders are required for industrial establishments with 300 or more workers (section 28). Where such an employer has not prepared its own standing orders, the model standing orders are deemed to be adopted (section 29(2)). Smaller companies usually follow their own HR policy, but the model standing orders are a useful reference for fair process.

For how to write your own policy, see our HR policy guide.

What counts as misconduct (Schedule C, clause 24(5))

The list includes, among others:

• theft, fraud or dishonesty in connection with the employer's business or property
• wilful insubordination or disobedience of a lawful and reasonable order of a superior (the order should normally be in writing)
• habitual late attendance, and habitual absence without leave or sufficient cause
• habitual neglect of work
• sleeping on duty, malingering or slowing down work
• continuous absence without permission and without satisfactory cause for more than ten days
• threatening, abusing or assaulting a superior or co-worker
• disclosing confidential information to an unauthorised person
• refusing to accept a charge-sheet, order or notice communicated in writing
• claiming a false bill for reimbursement
• unauthorised access to the employer's or a client's IT systems
• sexual harassment as defined in the POSH Act, 2013

This is the full-text source to check before you name a misconduct in a letter.

What happens after a warning (formal process)

If the problem continues and the employer considers disciplinary action, Schedule C, clause 24 sets the process:

• A worker may be suspended pending investigation or enquiry; the enquiry should ordinarily be completed within ninety days of suspension (24(1), 24(2)).
• A suspended worker gets subsistence allowance: 50% of wages last drawn for the first ninety days, and 75% after that if the delay is not due to the worker (24(3), 24(4)).
• Reasons for suspension must be given in writing within a week (24(6)(b)).
• In the enquiry, the worker may appear in person or be represented by a trade union office-bearer or a co-worker of their choice (24(6)(c)).
• If found guilty, and after a reasonable opportunity to make a representation on the proposed penalty, the employer may order dismissal, suspension, fine, stoppage of annual increment or reduction in rank (24(6)(f)).
• The gravity of the misconduct, the worker's past record and any extenuating or aggravating circumstances must be considered, and a copy of the order given to the worker (24(7)).
• The worker may appeal within twenty-one days to the appellate authority named by the employer, who must decide within fifteen days of receiving it (24(8)).

A warning letter is not one of these penalties. Keep it factual and do not describe it as a punishment.

What to include in a warning letter

1. Company letterhead, date and a reference number
2. Employee name, employee ID, designation and department
3. Subject line, for example "Warning regarding repeated late attendance"
4. The facts: what happened, on which dates, and any earlier verbal discussion
5. The policy or standing order clause it breaches
6. What the employee must do from now on, and by when
7. What may follow if it continues (further action as per company policy / standing orders)
8. An invitation to respond in writing within a set number of days
9. Name and signature of the issuing manager or HR
10. An acknowledgement section for the employee to sign

Warning letter format (copy and edit)

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Tips

• Write facts, dates and the exact policy breached. Avoid opinions about the person.
• Give a fair chance to respond. The employee's reply should go on file.
• Keep a copy of the letter, the acknowledgement and any reply in the personnel file.
• If the employee refuses to sign, note it on the copy with a witness. Under clause 24(5)(t), refusing to accept a written order or notice is itself listed as misconduct.
• For serious misconduct like fraud or harassment, a warning letter may not be the right step; the formal enquiry under clause 24 (or the POSH Internal Committee for sexual harassment) applies.

Part of our guide: Employee exit

Frequently asked questions

For reference only, not legal advice. State governments may notify their own rules; check what applies to your establishment.