Warning in the job: What you need to know as an employee
Warning in the job: What you need to know as an employee
If you are in an employment relationship, you often have to fight with various challenges. One of the most critical situations that an employee can experience is the warning. This official disapproval of the behavior by the employer can have serious consequences that can lead to termination. However, what many do not know is that the circumstances under which a warning can lead to termination depend on various factors.
As a rule, a warning is a step to take the employer in order to show an employee that he has violated the work rules. According to the Labor Chamber of the Saarland, a warning is basically a clear announcement: the employer does not accept such behavior and threatens with further labor law consequences if the misconduct is repeated. But not every warning automatically has a termination.
Legal effectiveness of a warning
reasons for termination in detail
insight into labor law subtleties
In labor law, the warning is an essential instrument to punish misconduct on the part of the employee and offer them the opportunity to improve. It plays a central role in the context of labor law communication between employer and employee and is intended to promote the change of behavior of the employee, on the other hand, it serves the employer as a legal basis for possible further steps, such as termination. According to the information of the IHK Palatinate, every employee has the right to be informed about the reasons for a warning and also contested them.
Legal conformity and documentation
is particularly important to document the warning. Employers are obliged to record all relevant details in writing, including the date, type of misconduct and the request to change behavior. An insufficiently documented incident can lead to a warning is not legally effective. It is also advisable to make the warning sensibly and to hand over a copy to the employee to avoid legal disputes.
The warning should also be written in the correct tone; It must not be insulting or degrading. A factual and respectful approach is of great importance for both the rights of the employee and for the reputation of the employer.
Possible legal consequences and importance in the works council
If an employee does not change his behavior despite one or more warnings, further steps are open to the employer. In the case of behavioral termination, the social appropriateness of the measure is always checked. This means that the employer has to make a careful decision in advance whether the termination is actually the last solution.
In the context of the works council and labor law, it is important that the right to co-determine the works council is observed in the event of warnings and dismissals. The consent of the works council is necessary in many cases, especially when it comes to termination of employees. According to the Works Constitution Act (§ 102), the employer must listen to the works council before pronouncing a termination and take into account its opinion.
Statistical data for warning in Germany
The handling of warnings and terminations is a widespread phenomenon in Germany. Studies show that around 15% of all employees are warned at least once in their professional life. An investigation by the German Trade Union Federation (DGB) showed that the rate of warnings is above average, especially in certain industries such as the service sector. The topic of "punctuality" is often cited as a reason for warnings, followed by violations of company regulations.
This statistical data support the relevance of the warning in everyday work and give the discussion about the rights and obligations of employers and employees an additional dimension.