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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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.
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:
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.
Many employers ask themselves: How do I write a warning? The structure can follow this pattern:
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:
Even minor defects can invalidate a warning. Employers should therefore avoid these mistakes:
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.
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