How long is a warning valid?

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Anyone who receives a warning and is then terminated without notice years later will certainly wonder whether this is lawful. How long a warning is valid is not specified by law. However, you can refer to the forfeiture in some situations.

The warning is valid for a long time - there is no limitation period

In principle, warnings are valid for a long time because the law does not stipulate any limitation period. A warning is always given to behavior that is in breach of the contract and that should be refrained from in the future. This is always accompanied by a threat of dismissal.

  • According to the term, a differentiation must be made between a warning and an admonition. Both have the same purpose of preventing undesirable behavior, but this is not associated with a threat of termination.
  • If you have been warned for certain behavior, you can be terminated without notice if the same behavior is repeated. There are no time limits for this. There is no statute of limitations.
  • If you then receive a termination without notice and time has passed in the meantime, the warned behavior may be forfeited. This is then decided by the courts in the specific individual case and they always assume the severity of the violation and relate it to the time.

Check forfeiture after a long period of time

After issuing the warning notice, the employer can let years pass and then take the behavior, if it is repeated, as an opportunity to do so without notice termination. He does not have to take into account how long a warning would be valid, as there are no time limits. However, it can then be forfeited.

"How do I write a warning?" - That has to be taken into account

There is often a dispute about the fulfillment of contractual obligations. If you …

  • The labor courts assume the existence of a forfeiture if other circumstances are evident are, out of which, the employer's response is delayed and no longer related appears.
  • If the employee has issued a warning, he cannot later write a warning for the same behavioral violation. The basic rule here is that minor violations are forgotten more quickly than more serious ones.
  • If you have received termination without notice and you doubt the temporal connection, it is worthwhile to consult a lawyer about an action for protection against dismissal.
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