Employee Written Warning Form for Germany

Employee Written Warning Form Template for Germany

A formal employment document used in German workplaces to address and document employee misconduct, performance issues, or violations of workplace policies. This document serves as an official warning under German labor law (Arbeitsrecht) and is a crucial step in the progressive discipline process. It must comply with specific legal requirements under German employment legislation, including the German Civil Code (BGB) and relevant labor court precedents. The document details the specific violation, expected corrections, and potential consequences of continued misconduct, while also serving as documentation for possible future employment actions.

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What is a Employee Written Warning Form?

The Employee Written Warning Form (Abmahnung) is a critical document in German employment relations, serving as a formal notification of misconduct or performance issues and a prerequisite for potential termination. Under German labor law, employers must typically issue at least one written warning before terminating an employment relationship for behavioral or performance-related reasons. The document must clearly identify the specific violation, demonstrate how it breaches employment duties, and warn of potential consequences including termination if the behavior continues. It's used across all industry sectors and organization sizes, requiring careful consideration of legal formalities and potential works council involvement. The warning becomes part of the employee's personnel file and can be referenced in future disciplinary actions or legal proceedings.

What sections should be included in a Employee Written Warning Form?

1. Header Information: Employee's full name, position, department, date of warning, and company details

2. Subject Line: Clear identification that this is a formal written warning (Abmahnung) and brief description of the violation

3. Description of Incident: Detailed account of the specific misconduct or violation, including exact dates, times, and locations

4. Violation of Duties: Explicit reference to which employment duties, company policies, or legal obligations were violated

5. Expected Behavior: Clear statement of the correct behavior or performance expected from the employee

6. Warning and Consequences: Explicit statement that this is a formal warning and description of potential consequences including possible termination if behavior continues

7. Signature Section: Space for employer signature, date, and employee acknowledgment of receipt

What sections are optional to include in a Employee Written Warning Form?

1. Previous Incidents: Reference to any prior verbal warnings or discussions about similar issues, used when this is not the first incident

2. Improvement Plan: Specific steps or measures the employee should take to correct the behavior, included for more serious violations or performance issues

3. Timeline for Improvement: Specific timeframe within which improvement is expected, used when measurable changes are required

4. Employee Response Section: Space for employee to provide written comments or explanation, included when company policy allows for written responses

5. Works Council Reference: Statement regarding works council involvement or notification, required when works council exists and their involvement is necessary

What schedules should be included in a Employee Written Warning Form?

1. Documentation of Incident: Copies of relevant evidence supporting the warning (e.g., attendance records, customer complaints, witness statements)

2. Relevant Company Policies: Copies of specific company policies or workplace rules that were violated

3. Prior Warnings: Copies of any previous written warnings or documentation of verbal warnings, if applicable

4. Employment Contract Excerpts: Relevant sections of the employment contract that relate to the violation

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Cost

Free to use

Relevant legal definitions

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Manufacturing

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Healthcare

Retail

Financial Services

Education

Construction

Hospitality

Professional Services

Transportation

Public Sector

Energy

Telecommunications

Media and Entertainment

Non-profit Organizations

Agriculture

Automotive

Real Estate

Relevant Teams

Human Resources

Legal

Operations Management

Personnel Administration

Employee Relations

Compliance

Senior Management

Department Management

Works Council

Relevant Roles

Human Resources Manager

HR Director

HR Business Partner

Department Manager

Line Manager

Supervisor

HR Administrator

Personnel Officer

Chief Human Resources Officer

Employee Relations Manager

HR Compliance Officer

Legal Counsel

Operations Manager

General Manager

Managing Director

Department Head

Team Leader

HR Specialist

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Full And Final Settlement Letter From HR To Employee

A German law-compliant HR letter documenting the final settlement of all claims and obligations between employer and employee upon employment termination.

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What is a Employee Written Warning Form?

What sections should be included in a Employee Written Warning Form?

What sections are optional to include in a Employee Written Warning Form?

What schedules should be included in a Employee Written Warning Form?

Authors

Alex Denne

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