Warning

A warning is intended to deter the employee from further breaches of contractual obligations and serve as a warning to improve their behavior. As a rule, dismissal for conduct-related reasons, whether with or without notice, is only justified in the event of repeated misconduct despite a warning. A warning prior to a dismissal for conduct-related reasons is only dispensable if the misconduct was so serious that the employee could not assume that his employer would tolerate this misconduct.

The content of the warning must precisely describe the misconduct complained of (reprimand function) and contain the threat of dismissal in the event of repetition (warning function). The warning can be issued verbally or in writing. Alternatively, the employee can request a counterstatement, which must be attached to the personnel file.

In the event of unjustified warnings, employees are entitled to have the warning withdrawn and removed from their personnel file. This claim can be enforced in court.

More information? Email us: arbeitsrecht@voelker-gruppe.com