"How do I write a warning?"
There is often a dispute about the fulfillment of contractual obligations. If you want to write a warning because of the misconduct of an employee, then you should pay close attention to how you formulate the content.
If an employment relationship falls under the Dismissal Protection Act (KSchG), a termination u. a. be socially justified for behavioral reasons. In the event of a behavior-related termination, however, a prior warning is generally required. Because the employee must at least get a chance to see his wrongdoing and to change his behavior accordingly.
How a warning should be worded
- If you want to accept an employee for misconduct, then you should keep three points in mind when formulating the warning.
- You should be able to describe the misconduct concretely and give it the date and time; general notes such as "constant late arrival" or "unreliability" are not sufficient.
- You must regard the misconduct of your employee as a breach of duty employment contract reprimand and ask him to behave differently in the future.
- Since the warning also fulfills a warning function, you must make it clear to the employee that he - if he does not change his behavior - must expect consequences under labor law. According to the case law of the Federal Labor Court (s. i.a. BAG 2 AZR 626/93) It is not necessary that these consequences are indicative of a possible extraordinary or ordinary termination be specified, the employee must only be able to see that the existence of the employment contract in the event of continued misconduct endangered is.
No employer can exactly ...
Better to write than talk
- In principle, you can also issue a warning verbally. However, it is generally advisable to issue the warning in writing in order to be able to prove its exact content and its existence in the event of a dispute.
- Please note that you can only quit because of the warned behavior if the employee repeats this.
- If he violates his contractual obligations with any other behavior, you usually have to warn them again beforehand.
How a warning is to be written is based primarily on its reprimand and warning function. A warning must be distinguished from a mere warning.
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