Understanding Written Warnings in the German Workplace: Their Meaning and How to Respond if You Get One
"Understanding and Responding to Written Warnings in the German Workplace" by Carina Senf from Rotwang Law offers valuable insights into the nature of written warnings and provides guidance on how to handle them effectively.
Receiving a written warning from your employer can trigger various concerns and uncertainties. This article sheds light on the definition and implications of written warnings and offers practical advice on navigating this situation.
A written warning serves as a formal notification from the employer regarding perceived breaches of contractual obligations by the employee. It signals the employer's disapproval of the employee's behavior or actions and serves as a preemptive measure. Typically, written warnings are documented in the employee's personnel file for future reference.
Employment contracts in Germany outline the responsibilities and obligations of both parties involved. Apart from primary duties like work performance and salary payment, secondary obligations are also pertinent. These include the duty of care from employers and diligence and compliance from employees.
Employers are authorized to issue directives as per § 106 GewO, specifying the obligations outlined in the employment contract. Failure to adhere to these directives may result in a written warning. However, disputes may arise concerning the legitimacy of these directives and the alleged misconduct.
When disagreements occur regarding the facts or justifications behind the warning, the burden of proof lies with the employer. Employees are encouraged to seek evidence to refute allegations and defend their position effectively.
It's essential to distinguish between justified and unjustified instructions from employers. Work directives must be reasonable and considerate of employees' interests. Disproportionate or discriminatory directives may render warnings ineffective.
Furthermore, minor oversights or mistakes may lead to written warnings, especially if they have significant consequences. The timing of issuing warnings is crucial, typically within 14 days of the incident, and should include reference to potential disciplinary actions.
Recipients of written warnings have the option to challenge them, either immediately or during subsequent dismissal protection proceedings. Acting promptly is advisable, considering potential contractual limitations. Contesting warnings is essential, especially if seeking new job opportunities, as they could impact future employment prospects.
In conclusion, understanding the nature of written warnings and taking appropriate action is essential for employees facing this situation. Seeking legal advice and responding assertively can help mitigate further disciplinary actions and protect employment rights.