A warning in an employment relationship 

By issuing a warning, the employer indicates that they believe the employee has seriously breached their duties to the extent that such behavior will not be tolerated in the future. It also provides the employee with an opportunity to rectify their actions. If an employee continues to neglect their work duties despite a warning, this is seen as a sign of disregard, and further infractions may be judged more severely. 

The most common reason for a warning is the violation of work schedule regulations, such as unauthorized absences, regular tardiness, or inadequate timekeeping records. Other reasons could include failure to follow the employer’s instructions or guidelines, inappropriate behavior in the workplace, negligence in work, or subpar work performance either quantitatively or qualitatively. In cases of extremely serious offenses, such as dishonesty or being under the influence of substances while working, a warning may not be necessary before termination or cancellation of the employment contract. Termination during the probationary period can always occur without a prior warning. 

There is a common misconception that multiple warnings must be issued before termination. However, in reality, fulfilling the threshold for termination may require only one warning. In cases of minor infractions, meeting the termination threshold might still necessitate issuing two or more warnings. 

Warnings can be issued either in writing or verbally. The employer must be able to prove that the employee received the warning and understood that the employment relationship can be terminated if the offense or violation is repeated. For this reason, warnings are typically given in writing, and the employee’s signature confirms receipt. The reason for the warning should also be clearly stated. An employee cannot improve their performance if they are not informed of the employer’s expectations for their future conduct. 

When issuing warnings, the employer should be consistent and act in the same manner in comparable situations. The warning should be given to the employee in a reasonable time after the infraction has occurred and become known to the employer. Delaying the issuance of a warning indicates that the employer did not initially consider the offense to be very serious. 

Issuing a warning falls under the employer’s right to manage and cannot be formally appealed. However, if the employer later decides to terminate the employment relationship, a court can consider the validity of the warning in a potential legal proceeding. In practice, an employee can only contest a warning they have received by providing their own written account of events to the employer. If the employer subsequently terminates the employment and cites prior warnings as the grounds for termination, the employee’s opposition can serve as evidence of the unwarranted nature of the warning. 

Public officials have a special status and may appeal a warning they have received. Their warnings are recorded in a personnel file, which can be considered in future job applications, thus increasing their need for legal protection. 

A given warning is not eternally valid, even though no expiration period is specified. 

If an old warning is to be considered as a basis for termination, it generally needs to have some reasonable and temporal connection to a new infraction. Warnings issued for entirely different reasons typically do not have this effect. However, various breaches of obligations by an employee may demonstrate a similar attitude and negligence in performing job tasks, which, when considered as a whole, can justify the termination of the employment relationship.