If an employee violates his employment contract duties, then his boss can write him a warning. The supervisor has to adhere to certain specifications. If he does not, it is ineffective in case of doubt.

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1. The meaning of a warning

With a warning, a supervisor draws attention to a violation of the employment contract. It is in a sense a shot in front of the bug , which points out the employee's wrongdoing. This gives the person concerned the chance to improve in the future. If he does not do so, then a warning is the prerequisite for a later behavioral termination.

Important: If a subordinate is not warned by a warning on a continuous misconduct, this can be understood as tacit acquiescence by the employer.

2. The reasons for a warning

Before supervisors write a warning, they should clarify whether it is appropriate. This is because serious reasons are necessary. Which ones are always depends on the situation. Basically, the misconduct must significantly disrupt the peace of business or affect workflows.

Examples of general, serious violations are:

• Bullying or harassment in the workplace
• refusal to work
• Theft in the enterprise
• Working under the influence of alcohol
• Smoking despite internal prohibition
• Constant delay
• Unauthorized sideline activities
• Frequent unexcused absence

The decisive factor is that the employee's misconduct violates main and secondary contractual obligations .

Nevertheless, it does not necessarily come to a warning. Perhaps the problem can be solved by talking to the employee. Some collective agreements even require such a dialogue.

3. The correct content of the warning

Many employers ask themselves: How do I write a warning? The structure can follow this pattern:

• Address data of the employer
• Address data of the employee
• Subject: Warning
• salutation
• Description of the facts
• Date and signature
• If necessary, the passage to be signed by the addressee that he has received or acknowledged the warning.

Much more important than its structure is the content of the text. He must meet certain requirements , so that the warning corresponds to the labor law. These include three essential elements:

• The Rügefunktion must designate concretely the misbehavior. This does not only include which contractual obligation the employee has violated, but also how, where and when exactly. Simple statements such as "often came too late" or "did not do his job properly" are not enough and quickly go to court.
• The proof function proves the violation by written confirmation of the persons concerned and witnesses.
• The warning function must show the consequences that will have its behavior when he does not behave according to the contract the employees. This includes the threat of behavioral termination. If she is missing, then it is only an admonition.

4. Common mistakes in the warning

Even minor defects can invalidate a warning. Employers should therefore avoid these mistakes:

• Bundling several violations in one warning : If only one violation is ineffective, then the others are the same.
• Multiple warn the same offense : On the warning of a misconduct must be followed by renewed, same offense directly the termination.
• To react too late with a termination : There is no specific deadline in which a termination must follow a warning. But an employee has the right to a limitation period.
• Write too many warnings : If an employer often takes the reminder, the labor court can question its seriousness.

5. Most secure: reminder by mail or bailiff

Legal warnings in written form (for example, by letter, fax or e-mail) and also verbally . However, an oral warning should be given to the employer by the employee and / or witnesses in writing. Because: The employer must always be able to prove that the employee has actually received the warning.

The safest way is therefore the delivery by mail as a registered mail or registered letter with return receipt or by means of a bailiff.

CONCLUSION

• A warning is possible for breaches of employment obligations.
• It should be justified in as much detail as possible.
• It must contain a complaint, proof and warning function.
• The safest way to get it is by mail or by bailiff.

Please read the content of our legal information.

Losing the job is a big personal and financial cut for many people. With the 165 euro job there is a possibility to increase the unemployment benefit by a side job a little bit. Especially for families, the reduced income is often a problem and even small amounts can help. However, there are some rules that beneficiaries of unemployment benefits should follow to be on the safe side and not to lose any claims.

Unforeseen situations? With the 360 ​​° right protection you are always well protected. >>

Pay attention to working hours at the 165 Euro job

As a recipient of Unemployment Benefit I, you are entitled to work for up to 15 hours per week. But be careful: the limit is exactly 15 hours, so you have to be guided by 14 hours and 59 minutes of weekly working hours. Because once the limit is reached, you lose your entitlement to unemployment benefits. You may even have to make repayments. In addition, the part-time job has to be reported to the Employment Agency at the latest at the beginning of the job.

So much unemployment benefit remains despite part-time job

It is important to keep in mind that the net income that you earn with the part-time job will be deducted from your unemployment benefit. There is an allowance of 165 euros. If you earn 400 euros, 235 euros will be deducted from your benefits. As a result of the part-time job, you can have a maximum of 165 euros more available than with your regular unemployment benefit. This is the name 165-Euro-Job.

100 Euro free allowance at Hartz IV

For recipients of unemployment benefit II, however, apply a different set of rules: The time scale of the job is insignificant here, the limit of 15 hours does not apply. In addition, the allowance granted is at least 100 euros a month. If you earn between 100 and 1,000 euros gross per month, in addition to the allowance, 20 per cent of your gross wage is still free and will not be deducted from the unemployment benefit. If you earn between 1,000 and 1,200 euros (or 1,500 euros for needs communities with a child) you will receive an additional 10 percent exemption. The advice of an expert will help you in case of doubt and clarify you about any applicable special rules.

Side job can help with job hunting

A 165-euro job is therefore also gladly seen and supported by the employment agency, because he can serve as a preparation for a new entry into the profession. It may be that a secondary employment develops into a permanent position. And even if this is not the case, the Nebenjobber remains through his job in a regular professional life and may even work in his original professional field. Nevertheless, it is particularly important not to lose sight of the search for a stable job and to continue to seek a new job.

Please read the content of our legal information.

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Legal fees and court costs are based in civil law matters according to the object value, also called value in litigation. This can z. B. the amount of damage incurred by a person in a traffic accident, be. The value in dispute forms the basis for determining the amount of the court costs and the lawyer's fee.

Depending on the legal area, different amounts in dispute can be applied:

1. Labor Law *

Warning	Monthly gross salary of the employee
Änderungskündigung	36fold remuneration difference, max. Quarterly income
certificate of employment	Final certificate: Monthly salary of the employee Issue of intermediate certificate: half to full monthly gross salary of the employee Certification allowance: half to full monthly gross salary of the employee
Publication of the working papers	Each 300 euros; several: flat rate
termination	Quarterly earnings of the employee
mobbing	Compensation: 1 gross salary per bullying year

* Litigation in labor law may vary from state to state. It is always the local case law to observe.

2. Tenancy

Operating costs increase	Annual value of the increase
termination	Annual net rent
rent increase	Annual value of the increase
Rent reduction and repair claims	Annual value of reasonable rent reduction 1x in total

3. Contract law

Complaint due to defects (Resignation is threatened)	Defect costs
requirements	Amount of the claim
Termination of a contractual relationship	Disputed period until the next possible termination date, max. 3½-fold annual amount
Withdrawal from the purchase	purchase price

4. Family and inheritance law

Spousal support	Annual value of the required maintenance or maintenance change
Inheritance statement	Value of the claimed inheritance, an indisputable part of the obligation is to be deducted
Child Support	Annual value of the required maintenance or maintenance change
compulsory portion	Value of the mandatory part, even if the discount value has to be calculated to calculate it
divorce	3 times monthly family income plus 5% of the assets
legacy	Value of the legacy, for recurring benefits, the 3½-fold annual amount, if the legacy does not concern a shorter period

Note: The values ​​listed here are greatly simplified. They can vary locally. The exact amounts in dispute can be found in the relevant legal provisions and case law.

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The most important terms, easily explained.

With our legal protection lexicon we would like to explain to you the most important terms in the legal protection environment. If you have further questions, we are also happy to be there for you personally.

Tax Law

Legal protection exists for the exercise of legal interests in tax and taxation matters, eg. As disputes over the wage, inheritance or vehicle tax.

Also for the extrajudicial interest perception is legal protection, z. B. Tax advice or representation in opposition or appeal proceedings.

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The lawyer has two options to settle his activity. He either concludes a fee agreement with his client (for example, hourly rates can be agreed) or, according to the Rechtsanwaltsvergütungsgesetz (RVG), he settles the statutory fees.

The fees according to the RVG represent the maximum limit of the fees to be paid for the insurer. If the UN has concluded a fee agreement, the insurer does not pay more than would have been incurred under the RVG.

As part of the special criminal legal protection for companies Baba-Yaga also takes over costs from a reasonable fee agreement. These costs may be higher than the RVG.

The RVG determines quite exactly in which matters for which activities which fees in Germany can be settled. Differences are z. Civil, administrative and tax matters, criminal matters, fines and social matters.

In civil matters, the fees are based on the value of the object (amount in dispute). This can z. For example, the amount of damage caused to the UN in the event of a traffic accident. Furthermore, a distinction is made as to whether the lawyer merely acted in an advisory capacity, negotiated out of court with the other party (verbally or in writing) or whether he was involved in a legal proceeding. For the extrajudicial activity, he receives a business fee. Here, the lawyer has a margin of discretion, which depends on the extent and difficulty of the matter. At an item value of z. For example, € 5,000 may cost between € 151.50 and € 757.50. In a court procedure, a procedural fee arises, there is no discretion. With an item value of 5,000 € this is 393.90 €. In addition, other fees may arise. The greater the value of the item, the higher the attorney fees (eg item value = € 10,000, procedural fee = € 725.40).

In criminal or fine cases, the fees are based only on the activity of the lawyer. In fines the amount of the fines also plays a role. Again, the scope and difficulty of the matter are relevant. Thus, with a fine of € 180, the lawyer can charge a fee between € 30 and € 290. Often the average value of 160 € is used here. IdR arise two to four fees.

In civil matters, as well as in criminal or penal matters, fees will increase if the procedure changes to a higher instance.

The fees according to the RVG represent the maximum limit of the fees to be paid for the insurer. If the UN has concluded a fee agreement, the insurer does not pay more than would have been incurred under the RVG.

As part of the special penal protection for companies Finn also takes over costs from a reasonable fee agreement. These costs may be higher than the RVG.

The RVG determines quite exactly in which matters for which activities which fees in Germany can be settled. Differences are z. Civil, administrative and tax matters, criminal matters, fines and social matters.

In civil matters, the fees are based on the value of the object (amount in dispute). This can z. For example, the amount of damage caused to the UN in the event of a traffic accident. Furthermore, a distinction is made as to whether the lawyer merely acted in an advisory capacity, negotiated out of court with the other party (verbally or in writing) or whether he was involved in a legal proceeding. For the extrajudicial activity, he receives a business fee. Here, the lawyer has a margin of discretion, which depends on the extent and difficulty of the matter. At an item value of z. For example, € 5,000 may cost between € 151.50 and € 757.50. In a court procedure, a procedural fee arises, there is no discretion. With an item value of 5,000 € this is 393.90 €. In addition, other fees may arise. The greater the value of the item, the higher the attorney fees (eg item value = € 10,000, procedural fee = € 725.40).

In criminal or fine cases, the fees are based only on the activity of the lawyer. In fines the amount of the fines also plays a role. Again, the scope and difficulty of the matter are relevant. Thus, with a fine of € 180, the lawyer can charge a fee between € 30 and € 290. Often the average value of 160 € is used here. IdR arise two to four fees.

In civil matters, as well as in criminal or penal matters, fees will increase if the procedure changes to a higher instance.