Arrived too late, forgot to call in sick or insulted a colleague – you could end up with a warning. But not every misconduct justifies this “yellow card” under labor law. What employees need to know about warnings and what consequences they can face.
The three functions of a warning: reprimand, warning and documentation
A warning is much more than just a reprimand from the boss. As can be seen from the article by specialist lawyer Johanna Tormählen on Haufe.de, it fulfills three central functions: It documents the facts, reprimands the employee and warns of the potential consequences of a renewed violation. In order for a warning to be legally effective, it must specifically state the misconduct, contain a request to comply with the contractual guidelines and make it clear what consequences there will be if it is repeated.
Important: The warning must be given promptly after the misconduct. As the labor law experts at eRecht24 emphasize in their current analysis, the right to issue a warning can be forfeited if the employer waits too long – usually after just two months. The affected employee can then claim that the behavior was apparently tolerated.
Common reasons for warnings: From tardiness to insults
The range of possible reasons for warnings is large. Classic reasons include repeated delays, unexcused absences or forgetting to call in sick. But problematic behavior towards colleagues such as insults, bullying or disturbing the peace in the company can also justify a warning. Even private internet use during working hours, drinking alcohol at work or ignoring safety regulations can have consequences.
What is always crucial is that it is controllable behavior – so the employee must be able to influence it. A warning due to illness is therefore fundamentally excluded, as no one consciously becomes ill. The allegations must also exceed a certain threshold of relevance – in the case of minor violations or one-off careless mistakes, a warning is disproportionate.
From the yellow to the red card: consequences and protection against dismissal
The warning is often referred to as the “yellow card” of labor law – and for good reason. As a rule, it is the necessary preliminary stage to a termination for behavioral reasons. As the Bremen Chamber of Employees emphasizes in its current information, repeated misconduct can result in a “red card” – i.e. termination. However, there is no fixed rule as to how many warnings are required before termination.
In the case of serious violations such as theft, violence or serious insults, the employer can also immediately terminate the contract without notice – without prior warning. In all other cases, however, the warning offers the employee the chance to correct their behavior. At the same time, those affected can take action against unjustified warnings and request that they be removed from the personnel file if they are based on incorrect facts or are disproportionate.
D. Maier / editorial team finanzen.net
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