Receiving a warning letter from your employer can be unsettling—especially if you’re unfamiliar with German labor law. Known in German as an Abmahnung, a warning letter is a formal notification that your conduct or performance has violated contractual obligations and that further violations could lead to dismissal. But not every written warning is valid, and not every mistake justifies one. Understanding how warning letters work in Germany can help you react appropriately, protect your rights, and avoid unnecessary legal risks—especially if you’re an expat navigating a foreign legal system. This article explains the role of the warning letter in German employment law, when it can be issued, and what options employees have in response.
Content
- 1. What Is a Warning Letter?
- 2. Legal Function of a written warning
- 3. When Can an Employer Issue a Warning Letter?
- 4. What Must a Valid Warning Letter Contain?
- 5. Informal or Verbal Warnings: Are They Legally Relevant?
- 6. How Many Warnings Are Required Before Termination?
- 7. What Can Employees Do After Receiving a Warning Letter?
- 8. How Long Does a Warning Letter Remain Valid?
- 9. Can a Warning Be Used Against You in Court?
- 10. Key Advice for Expats and International Employees
- Conclusion
1. What Is a Warning Letter?
A warning letter is a formal reprimand from an employer, informing the employee of:
- A specific breach of contractual duty
- The demand to stop the misconduct
- The warning that repetition may result in dismissal
📌 In legal terms, a warning letter is a necessary prerequisite before certain types of termination—particularly conduct-related dismissals (verhaltensbedingte Kündigung).
2. Legal Function of a written warning
In German labor law, a warning letter serves three purposes:
- Documentation
It records the misconduct in writing. - Instruction
It tells the employee to correct their behavior. - Warning
It announces that further violations may lead to termination.
⚠️ Without a prior valid warning letter, a conduct-based dismissal is often legally invalid.
3. When Can an Employer Issue a Warning Letter?
A written warning can be issued in response to contractual violations, such as:
- Repeated tardiness or unexcused absences
- Insubordination or refusal to follow instructions
- Misuse of company resources (e.g. private use of business email)
- Verbal misconduct or inappropriate behavior
- Violations of internal workplace policies
📌 Not every minor mistake justifies a warning letter—especially if it’s a one-time, non-serious issue.
4. What Must a Valid Warning Letter Contain?
For a warning letter to be legally effective, it must:
✅ Describe the misconduct clearly (who, what, when, where)
✅ Explain the contractual obligation violated
✅ Instruct the employee to correct the behavior immediately
✅ Warn explicitly that repetition may lead to termination
📌 A vague or overly general warning (“You behaved unprofessionally”) is not valid in legal terms.
5. Informal or Verbal Warnings: Are They Legally Relevant?
An employer may give:
- A verbal reprimand (not legally binding)
- An informal memo (usually not sufficient for dismissal)
Only a formal written warning can serve as a legal basis for termination. Anything less will not hold up in court if the employer later tries to justify dismissal.
6. How Many Warnings Are Required Before Termination?
There is no fixed number of warning letters required. In practice:
- For similar misconduct, usually 1 valid warning is sufficient
- For different types of misconduct, each may require its own warning
- For very serious misconduct (e.g. theft), no warning may be necessary
📌 Courts assess whether the employee could reasonably foresee that repetition would lead to dismissal.
7. What Can Employees Do After Receiving a Warning Letter?
You have several options:
🧾 1. Accept it silently
Not recommended—this may be interpreted as agreement.
✍️ 2. Submit a written objection
You can formally reject the warning and explain your version of events. This statement will be added to your personnel file.
⚖️ 3. Request removal
If the warning is unjustified or flawed, you may ask for it to be removed from your personnel file—either informally or via legal action.
🧑⚖️ 4. Sue for removal
You may file a claim with the labor court to have the warning deleted from your file.
8. How Long Does a Warning Letter Remain Valid?
There is no fixed expiration period. However, a warning loses its effect over time—especially if:
- No further misconduct occurs
- The employee has significantly improved their performance
- The warning is more than 2–3 years old (depending on context)
📌 Some employment contracts or works agreements specify time limits for warnings.
9. Can a Warning Be Used Against You in Court?
Yes. In any dismissal case, a previous warning letter may be cited as:
- Evidence of prior misconduct
- Justification for escalation to termination
- Proof that the employee was given the chance to improve
However, only a legally valid warning letter will be accepted by the court.
10. Key Advice for Expats and International Employees
- Don’t ignore a written warning—always respond professionally
- Ask for clarification if the content is unclear
- Consult a labor lawyer if you believe the warning is unjustified
- Be aware of how a warning letter could affect your residence permit, especially if dismissal follows
- Keep written records and communications in case of future legal disputes
Conclusion
A warning letter in Germany is a serious legal instrument—not just a formality. It’s a clear signal that the employer views your behavior as unacceptable and may consider termination if it happens again.
However, employees—especially expats—are not without recourse. By understanding the legal standards for warning letters, you can protect your rights, challenge unjustified accusations, and ensure fair treatment under German employment law.
