Warning letter

The warning letter

The warning is usually the first step towards dismissal and is intended to draw the employee's attention to their misconduct.

 

The main purpose of the warning is to ask the employee to fulfil their contractually agreed obligations, as they may be dismissed if they repeat the offence. However, the warning does not only have a warning function, but is also intended to give the employee an opportunity to correct their misconduct. Certain conditions for effectiveness must also be observed here:

 

What does a warning letter mean?

 

The warning is a legal instrument that is not regulated by law. With the warning, the employer points out the specific behaviour to be refrained from and threatens the employee with dismissal without notice in the event of repetition. Precisely because of the character of the warning as preparation for termination without notice, the employer should carefully consider whether it really wants to use the warning.

 

A warning makes sense in the following cases:

 

• The employee has committed a serious breach of duty, but this does not in itself constitute grounds for dismissal

 

• The preparation of an employee's dismissal

 

• The employee only commits minor breaches of contract, but these are persistent

 

The issuing of a warning must be carefully considered.

 

Written form

 

The warning should always be issued in writing for the purpose of providing evidence and exact traceability. A copy of the warning should be kept in the personnel file.

 

Content of the warning

 

The content of the warning should remain factual and refer to the employee's misconduct. Judgements are counterproductive. The employee should be motivated to correct their behaviour in the future and adapt it to the expectations of their superior.

The warning must be specific and describe the specific disapproved action. In addition, the content of the warning must be limited to verifiable facts and leave no room for judgement.

 

The lawyers at LAWMUC will actively support you in the preparation of a warning letter and in reviewing the effectiveness of a warning letter issued.

If the employee considers the warning to be fundamentally unjustified or incorrect, he or she can demand that it be removed from the personnel file, even in court if necessary. However, the employee does not have to take action immediately after receiving the warning. The decisive factor here is that the objections to the warning must be provable.

Effect of the warning

- The employee may be dismissed without notice without further warning in the event of a repetition of the lawfully warned behaviour;

- The warning means that the employee is not dismissed for the specific incident for which the warning was issued, but only if he or she repeats this behaviour (consumption of the reason for dismissal);

 

If you have received a warning letter or wish to issue one, contact the lawyers at LAWMUC for comprehensive legal advice. This will help you avoid mistakes that can have serious consequences.

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