Warning in labor law: When does the termination threaten?

Warning in labor law: When does the termination threaten?

The relationship between employer and employee can change quickly, especially if there are misconduct. A warning is a formal instrument that employers use to point out violations and show possible consequences. But how many warnings are necessary before termination can be pronounced? This article illuminates the essential aspects of warnings and their legal relevance.

If an employee violates contractual obligations, the employer is free to remove him. The Labor Chamber of the Saarland defines a warning as an official disapproval of the behavior, which clarifies that such an incident is not tolerated. Often the warning also indicates the possible consequences of permanent misconduct, which is a clear warning signal for the employee.

Legal effectiveness of a warning

So that a warning is legally effective, it must correspond to certain criteria. The German Press Agency (dpa) emphasizes that a warning clearly describes the misconduct and named the specific contractual obligations of the employee. Furthermore, she demands that the warning to change behavior and show the potential consequences in a further violation. This clear communication is crucial to give the employee a fair opportunity to correct his behavior.

The question of how many warnings can lead to termination cannot be answered clearly. Depending on the severity of the incident, a single warning can often be sufficient to justify termination, especially in the event of serious violations. In contrast, smaller offenses usually require several warnings before termination can be considered. The IHK Palatinate notes that it is usually necessary to pronounce several warnings in the event of easier incidents in order to give the employee the opportunity to improve.

behavioral termination

Dimination -related termination should always be considered as a last remedy. According to the guidelines of the Saarland Chamber of Labor, the employer must issue a warning before termination, since it not only illustrates the obligation to comply with the rules, but also has a warning function. In exceptional cases, however, a warning can be avoided if the misconduct is so serious that it fundamentally endangered the employment contract or if it is obvious that the employee is not ready for improvement. Such measures could be used, for example, in the event of serious breaches of duty such as insults, fraud or even theft.