With a formal warning (Abmahnung), the employer objects to specific misconduct and announces consequences under employment law if it recurs. A warning is often a prerequisite for a later dismissal for conduct-related reasons.
What a warning is for
A warning has two functions: it reprimands misconduct and warns of the consequences of repetition. Before a conduct-related dismissal, a relevant prior warning is generally required. It is only unnecessary in the case of serious breaches of duty where the employee could not expect the employer to tolerate the conduct.
What a valid warning contains
The conduct objected to must be described specifically, with the date and the facts. General accusations such as "repeatedly late" are not sufficient. It must also be clear that the employment relationship is at risk if the conduct recurs. No particular form is required, but for reasons of evidence a warning is almost always given in writing.
How employees can respond
Stay calm. You may sign an acknowledgement of receipt; this does not mean you accept the accusations. There is no deadline within which you must take action. You have several options:
Wait: You can still dispute the accuracy of the warning in later unfair dismissal proceedings. Gather evidence and the names of witnesses promptly.
Counter-statement: You can require your own statement to be added to your personnel file (section 83(2) Works Constitution Act, BetrVG).
Action for removal: If the warning is unjustified, you can demand its removal from the personnel file and, if necessary, sue for it. Whether this is worthwhile also depends on how the employment relationship is to continue.
A warning loses weight over time. However, there is no fixed period after which it must automatically be removed.
What employers should bear in mind
A separate warning is advisable for each breach of duty. If several accusations are made in one letter and only one of them is unjustified, the entire warning must be removed from the personnel file. Receipt should be provable. It is also important that by issuing a warning, the employer generally waives the right to dismiss on the basis of the same incident. Repeated warnings without consequences risk the warning losing its effect.