Alert Notices: Delving into Their Essence and Anticipated Arrival
In the realm of German labor law, a warning for misconduct serves as a crucial step in maintaining a fair and orderly workplace. Johanna Tormahlen, a specialist lawyer for labor law, explains the importance of these warnings.
A warning is issued when an employee commits a material and culpable breach of duty, such as repeated breaches of company rules or employment terms. This could range from taking unauthorized leave or forgetting to call in sick, to negative behavior towards colleagues, like insults, bullying, or sexual harassment.
The warning must clearly state the employee’s specific misconduct and indicate that continued violation may lead to further disciplinary actions, including dismissal. It is designed to allow the employee to understand the violation and the consequences of continuation.
In most cases, a warning precedes dismissal for behavioral reasons, as courts require employers to attempt corrective measures first. However, in cases of serious misconduct, such as assault, theft, intoxication on the job, gross insubordination, or destruction of company property, warnings may be skipped, and an immediate disciplinary action or dismissal may be justified.
During the probation period, which lasts a maximum of six months, a warning or reason may not be required for termination. Yet, beyond this period, warnings are essential for dismissal based on conduct.
The warning helps establish a fair process and protects the dismissal against claims of unfairness or invalidity. Employers are advised to have a clear disciplinary policy detailing when and how warnings are issued to avoid disputes.
Johanna Tormahlen recently provided her insights on workplace misconduct on the specialist portal "Haufe.de". She emphasised that a change in an employee's behavior is not expected if a warning is considered an unsuitable means. Furthermore, submitting a falsified sick note can also be a reason for a warning.
In summary, a workplace warning for misconduct in Germany should:
- Clearly describe the employee’s behavior or breach of duty
- Reference to company rules or policies violated
- State that the misconduct is unacceptable and must cease
- Notify of possible consequences if behavior continues (e.g., dismissal)
- Be issued prior to any dismissal for behavioral reasons (except in severe cases)
This aligns with the legal requirement that dismissals for behavioral reasons are generally ineffective without prior warnings, ensuring fair treatment and compliance with German labor law.
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