Warning letters: What employees should know about warning letters
- Arbeitsrecht Fachanwalt Hamburg
- Warning Letter
Labor law attorney assists: What you need to know about warnings.
Do I simply have to accept a warning letter? Here is the most important information on the subject of unjustified warning letters.
What you will learn in this article:
What is a warning letter?
A warning letter is a formal written reprimand issued by an employer to an employee who has violated certain obligations under their employment contract. The warning letter is intended to remind the employee of their obligations under labor law, make them aware of the breach, urge them to comply with these obligations in future, and warn them of potential consequences under labor law. A warning letter should be distinguished from a simple admonition. The latter does not require any specific form and can be issued by the employer even for minor breaches of duty.
When is a warning issued?
A warning is usually issued when an employee violates their obligations under their employment contract. Typical reasons include violating working hours, lack of diligence in performing work, misconduct in the workplace, or other violations. It should always be noted that a warning must always be proportionate. The employer is not entitled to issue a warning for every minor breach of duty. It may be that a simple admonishment is sufficient as a milder measure.
Contents of a warning letter?
A warning letter describes in detail the specific violations of the employment contract committed by the employee (informative function). It also contains a request to change behavior (reprimand function) and must announce possible consequences in the event of further violations (warning function). If the warning letter does not fulfill these functions, it can be challenged in court.
What can you do about an unjustified warning letter?
Warnings often form the basis for subsequent dismissal. Due to their significance, employees should always check whether the breaches of duty listed in the warning are actually correct and whether these allegations are so serious that they justify a warning.