Warning letter under German labour law

Template This is only a template of a notice of warning and shall be modified and adapted to your situation and needs.

<Sender>

<Recipient>

Notice of Warning

<Date>

Dear Mr./Mrs./Ms. <Surname>,

We unfortunately have to communicate you that we are aware of the following:

<Description of the misconduct>

By doing so, you have violated an obligation under the employment contract, <name / clause>. Your misconduct leads us to this notice of warning.

We hereby expressly inform you that we are not prepared to accept further breaches of duty.In case of another misconduct or illegal behavior, we will be ready to take further measures. These may even mean a termination of the employment relationship. We have sent you a draft of this warning letter in advance in order to give you the possibility to react to our accusations. You have made the following statement:  <Statement> Your explanation, however, does not change the fact. The breach of duty continues to exist for the following reason/-s:   <Reasons> A copy of this letter will be added to your personal file.

Kind Regards,

 

The Employer <Signature>

Immediate termination of an employment contract in Germany

Extraordinary and immediate terminations can conclude the employment relationship without observing particular deadline or periods of notice. Both employees and employers can terminate an employment relationship without previous notice. The prerequisite for an extraordinary termination of the contract is a particularly important reason for leaving.

When is the extraordinary and immediate termination of the employment contract legally effective?

  • The person that is interrupting the employment relations has to present a notice of termination within two weeks after the important fact (reason for leaving) has been recognized. The notification has to be provided in written form;
  • In addition, he/she must obtain a statement from the works council within three days;
  • The employer must request the consent of the Integration Office to terminate the employment relationship with a severely disabled person;
  • The employer must request the consent of the Public Health Department in order to terminate the employment relationship with a pregnant woman;
  • The employer must file an application with the Labour Court in order to terminate the employment relationship with a member of the works council
  • If the terminating party does not comply with the above-mentioned conditions, the extraordinary termination shall be forfeited.

An extraordinary termination is always the last step to take against an employee.