Warning

You should be warned if you receive a warning. In most cases, the employer prepares a termination with the warning.

A warning is a mandatory requirement for a Termination for behavioral reasons. This basically also applies to a termination without noticefor behavioral reasons.



Function of the warning

  • Note: The warning should clearly show the employee what specific behavior represents a breach of duty and is no longer acceptable from the employer's point of view. The employer must adequately determine the employee's breach of duty by specifying the time and duration. General explanations (eg "frequent" missing) are not sufficient!


  • Admonition:The warning is intended to request the employee to refrain from the breach of duty as precisely described in the future.


  • Warning:The warning must clearly show the employee that termination is unavoidable in the event of repeated breaches of duty.

A warning that merely refers to misconduct in general does not do justice to the necessary information, admonition and warning function, so that the warning is ineffective and removal from the personnel file can be requested.

Form of warning

A warning is not tied to a specific form and can therefore generally be made orally. For evidence purposes, however, it is advisable for the employer to issue a written warning.


The rumor persists that a warning has to be issued 3 times before a termination. This is not the case ! A warning is generally sufficient to give notice of termination in the event of recurrence.


Uniformity of warning and termination

The warning and a subsequent termination must be uniform, ie the facts must be comparable and similar, e.g. warning due to delay on 01.03. and cancellation due to delay on April 1st. However, a termination due to the same already warned facts is excluded, e.g. warning due to a delay on March 1st. and cancellation due to delay on March 1st.

Forfeiture of the warning

A cautioned situation can be forfeited due to the passage of time. According to the Federal Labor Court, the warning can be forfeited after 2 years, so that a subsequent termination due to forfeited warning can be ineffective.

What can I do for you ?


  • Contact me immediately upon receipt of a warning!
  • I will ask your employer to remove the warning from the personnel file,
  • submit a counter-presentation to the personnel file in accordance with Section 83 (1) BetrVG,
  • Lodge a complaint about unjust treatment according to §§ 84, 85 BetrVG,
  • complain about the removal of the warning from the personnel file