Warning

As a main rule the employer must give the employee a warning before terminating a employment contract on grounds attributable to the employee. The warning can be given orally or in writing. The warning must be based on actual events and specified in such a way that the employee understands what the issue concerns and that the warning includes a threat of the termination of the employment contract. The employee must be given a genuine opportunity to amend his or her conduct or behavior. If the grounds for termination constitute such a serious breach related to the employment relationship that the employer cannot reasonably be expected to continue the contractual relationship, there is no need to give a warning.

As a rule, the employer can only appeal to the warning when terminating a employment contract, if the warning has been given for the same reason or based on a corresponding conduct as the one for which the employment relationship is being terminated for. The law contains no provisions as to the number of warnings or their validity. A warning can be considered to remain valid for roughly a year, but each case must considered individually. An employer’s policy with regard to warnings should be consistent and equal.

If an employee is not guilty of any breach or neglect, the warning is insignificant and the employer cannot appeal to it as grounds for termination. The legitimacy of a warning is only assessed, if it is appealed to as grounds for termination. To avoid ambiguity, an employee should always verifiably dispute an unwarranted warning. The contesting may take place orally or in writing. What is essential is that the employee can, if necessary, prove to have notified the employer of the fact that he or she has considered the warning unwarranted.