If the employer is dissatisfied with the conduct of an employee because it constitutes a breach of the employment contract or of the obligations under the employment contract, he may give the employee concerned a warning notice to inform the employee in such a way that the continuation of the conduct will lead to consequences.
Strict requirements apply to a warning in employment law
In order to prevent the employer from immediately reprimanding any misconduct of an employee, strict requirements must be set for a warning notice. First of all, the employer must describe the misconduct complained of in detail in the warning notice. For this purpose, the date and time of the misconduct must also be recorded in the warning notice. A warning notice for „regular late arrival“ is therefore ineffective, as the misconduct is not described in sufficient detail.
In addition, the warning notice must clearly state that the misconduct constitutes a breach of the employment contract or the obligations under the employment contract and that the misconduct of the person to be omitted. It must also be clear that a repetition of the conduct will lead to corresponding consequences (for example, dismissal).
A formal warning does not have to be in writing.
A warning does not necessarily have to be given in writing, even an oral warning is effective. However, a written warning notice offers significantly greater legal certainty, as it is usually difficult to prove later what was once objected to orally.
In the case of a dismissal for conduct-related reasons, the employer must in most cases have issued a warning beforehand in order to give the employee the opportunity to improve his conduct. However, a warning notice is not necessary if there have been serious violations which make further employment impossible (e.g. theft etc.).
A warning letter in labour law is considered a chance for improvement
However, the employer may not reprimand every breach of duty by the employee with a warning.
Rather, a warning notice must always be proportionate. A warning is always noted in the personnel file. With the help of the warning letter, the employer reprimands the employee’s behavior, but at the same time gives him or her a chance for improvement.
Further help with warnings
You have doubts about the legality of your warning or you are even threatened with dismissal? Call us promptly and without obligation at 040 – 35 70 49 50, make an appointment and put your problem in safe hands.
more about labour law: Labour law in hospitals – Labour law in the pharmaceutical industry – Labour law in the care of the elderly- Labour law in the railway sector – Labour law cases– Labour law and corona
Remember that!
As employment law cases should be solved quickly, we always have an initial consultation appointment immediately. If possible on the same day, otherwise the next day. Please write us a message or call us directly. You can reach us by phone from Mo-Fr in the time from 8 am to 6pm.
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Termination because of Corona – What to do?Duration of entitlement to unemployment benefit
Termination because of Corona – What to do?Duration of entitlement to unemployment benefit/ Unsplash.com
The coronavirus has a strong impact on the entire working environment. We are currently receiving numerous inquiries on this topic every day and we notice that there is a lot of uncertainty.
⏩ On this page we have summarised the most important questions on the subject of termination due to corona.
⏩ In addition, we have collected the most frequently asked questions for employees, employers and works councils on labour law and Corona and published the corresponding answers in a separate section.
Overview
Is a dismissal because of Corona even possible?
Termination without notice because of Corona
Termination due to Corona
Termination agreement due to Corona
Corona Virus – Does the employer have to pay?
The most frequently asked questions on the subject of „Labour law and Corona“.
Any other questions? We help! (Free initial assessment)
Translated with www.DeepL.com/Translator (free version)
Professionals in protection against dismissal : Lawyer for dismissal protection in Hamburg – Lawyer for dismissal protection in Neumünster – Lawyer for dismissal protection in Rotherbaum– Lawyer for dismissal protection in St. Georg – Labour law office in Altona – Labour law office in Bergedorf – Labour law office in Dulsberg – Labour law office in Kiel
Remember that!
As employment law cases should be solved quickly, we always have an initial consultation appointment immediately. If possible on the same day, otherwise the next day. Please write us a message or call us directly. You can reach us by phone from Mo-Fr in the time from 8 am to 6pm.