What Is a Warning Letter, and When Is It Needed?
A Warning Letter is a formal document that records underperformance or standard misconduct where continued issues could lead to further discipline or termination. It is typically the next step after a Performance Improvement Plan (PIP) has not resolved the issue, or where a specific incident needs to be formally documented.
This process applies to performance issues and standard misconduct only. Gross or serious misconduct (harassment, discrimination, fraud, theft, breach of confidentiality, or similar) follows a different, stricter process. If this applies to your situation, contact your Remote People representative immediately and take no action in the meantime.
Why Remote People Issues the Warning Letter
As your Employer of Record, Remote People is the legal employer of your employee. Warning Letters must be issued by Remote People, not by you directly and not through a side letter, even if you've already discussed the same concerns informally with the employee. This ensures the document and process comply with local employment law and hold up Remote People's position as legal employer.
Remote People does not assess performance or replace your managerial judgment. Our role is to make sure the formal documentation is legally sound and properly issued.
What We Need From You
To draft a Warning Letter, provide the following to your Remote People contact:
The date of the incident
Background information about the incident
The specific performance gaps or conduct concerns
The expectations or objectives that weren't met
Evidence to support the incident, such as emails, KPI records, or meeting notes
Your desired timeline
How the Process Works
You submit the request with the information above.
Remote People checks the specific legal requirements for the employee's country before drafting anything.
We draft the Warning Letter using our standard template.
For a standard letter with no unusual circumstances, we issue it once you've confirmed the content.
Some situations require additional legal review before issuance, including:
The employee is known to be likely to dispute the facts or decline to sign
The role is in a higher-risk jurisdiction for this type of process
There's any ambiguity about local formalities
Once the Warning Letter process concludes, you can raise a separate request if termination is being considered.
A Note on Timing and Jurisdiction
Requirements vary significantly by country. In some jurisdictions, a Warning Letter is a mandatory legal step before a performance-based dismissal can proceed, and must clearly set out what's expected of the employee, a defined timeframe to improve, and an opportunity for the employee to respond. Some jurisdictions also require a formal hearing before any warning or termination step, which can add meaningful time to the process, so it's best to flag potential cases to us as early as possible.
In certain jurisdictions, a Mutual Termination Agreement (MTA) can be a lower-risk alternative to the full Warning Letter and dismissal sequence. Your Remote People contact can advise whether this may be a good option for your situation, though it does require the employee's agreement and can't be imposed.
Please note: where the disciplinary process (for example, a formal hearing or other procedural step required by local law) must be handled directly by Remote People, an additional fee will apply for this service. We will confirm the fee before proceeding.
Key Takeaways
Remote People must issue any Warning Letter.
Don't issue warnings directly or via side letters, even informally.
Provide full factual background and evidence up front to avoid delays.
Flag potential cases early, local legal requirements can add time to the process.
Gross misconduct follows a separate, stricter process; contact us immediately rather than taking action yourself.