Warnings
If your employer is dissatisfied with your behavior, they have several options for responding.
For minor infractions, your employer may choose to address the issue informally, while more serious matters can lead to a formal warning. In cases of severe misconduct, your employer may choose to terminate your employment, and in extreme cases, dismiss you without notice.
If you receive a warning, it is important to be aware of certain aspects.
Requirements for a warning
A warning must meet specific criteria to be valid. Otherwise, the warning loses its effect.
Written Form: The warning should be in writing, as verbal warnings can be difficult to document.
Specific Details: It must describe the specific incidents or behaviors that led to the warning and indicate that these constitute a breach of the employment agreement.
Consequences: It must state that a repetition of the same behavior will have employment-related consequences.
Reasonable Follow-Up Period: A suitable timeframe must be provided to allow the employer to assess whether the behavior in question has improved.
How long is a warning valid?
A warning for minor infractions typically expires after six months, while warnings for more serious matters may expire after 1–2 years.
A warning related to a specific issue cannot be applied to unrelated issues. For instance, if you received a warning for performance issues, it does not justify termination if you later arrive late to work.
On the other hand, a previous warning can justify termination if the same issue occurs again. It is therefore crucial to comply with the warning.
If you disagree with the warning
If you disagree with the warning, you should submit your comments to your employer to attempt to change their view of the matter. Write clearly, precisely, and constructively, addressing the circumstances and incidents mentioned in the warning.
If you agree with the warning
If you agree with the warning, you should acknowledge receipt and provide a written statement indicating your willingness to change your behavior to the best of your ability.
How can PROSA help?
PROSA can assist you in drafting your objection to ensure it is precise and well-argued. We can offer to review your draft and provide feedback and suggestions for improvement.
Please note that even if the warning seems unreasonable, PROSA cannot compel your employer to withdraw it. However, it is essential to document your disagreement with the warning by submitting an objection.
Key Takeaways
A warning should be in writing and clearly explain the issue and the consequences of repeated behaviour.
Warnings are generally valid for a limited period, depending on the seriousness of the matter.
A warning can only be used in relation to the issue it addresses and cannot be applied to unrelated situations.
If you disagree with a warning, you should submit a written objection to your employer.
PROSA can help you assess a warning and draft a clear, well-reasoned response.
Contact us
Contact our legal department
If you have questions about your rights or need legal advice, you can contact PROSA's Legal Services directly by phone or through our contact form.
Telephone
+45 33 36 41 41
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Tuesday, Thursday and Friday: 9:00 am to 3:00 pm