What does a warning mean?
A warning is a notice issued by the employer stating that the employee’s conduct has been reprehensible. Its purpose is to give the employee the opportunity to rectify their conduct before any further action is taken, such as termination of employment.
A warning alone does not mean that the employment relationship will end.
The law does not require a warning to be given in writing. In practice, however, warnings are usually given in writing so that their content and the fact that they were issued can be proven later if necessary. If a dispute arises over a warning, the employer must be able to prove that the warning was issued.
What should you do if you receive a warning?
If you receive a warning:
- check that the grounds for the warning have been clearly explained
- make sure that your employer has complied with the law and established workplace practices
- if necessary, seek advice from a shop steward or a union expert
- submit a written response if you consider the warning to be unfounded.
It is always advisable to submit a written response if you disagree with the grounds for the warning. This may be important later on if the matter leads to further disciplinary action or the termination of your employment.
You do not need to sign the warning. However, your employer may ask you to sign an acknowledgement of receipt, which merely confirms that you have been made aware of the warning. Signing the acknowledgement of receipt does not mean that you accept the content or grounds of the warning.
Can a warning lead to dismissal?
Yes, but not automatically. If the employee does not rectify their behaviour or a similar breach occurs again, the employer may, in certain circumstances, terminate the employment contract.
In the case of serious breaches, the employer may take immediate action without prior warning.
How long is the warning valid for?
The law does not specify a precise period of validity for the warning. In practice, its effect often lasts for around a year, and sometimes longer, depending on workplace practices and circumstances.
A reprimand and a warning – what is the difference between them?
Labour legislation recognises a warning, but not a reprimand. However, in many workplaces, a verbal or written reprimand is issued before a warning. In employer practice, a reprimand is a less severe means of addressing problems than a warning, and there is no legal provision governing its issuance. If the situation is not rectified, the employer may issue a formal warning.
The employer has a duty to treat employees fairly. If, for example, there is an established practice at the workplace of first issuing a verbal or written remark in similar situations, an individual employee cannot be treated differently in comparable circumstances without an acceptable justification. If you suspect that you have not been treated fairly, contact your shop steward or Work Life Counselling as soon as possible.
If work is placing a strain on you or you are concerned about your wellbeing, contact occupational health services. Occupational health professionals can help assess your ability to work and find ways to support you in continuing at work. Read more.
If you are reflecting on the meaningfulness of your work or considering a new direction in your career, make use of Pro’s career services. As a member, you can get personal support with career planning and developing your skills.
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Termination of employment and unemployment
An employment relationship can end due to a fixed term, dismissal, termination or, in special circumstances, if the employment is considered terminated. Both the employee and the employer can terminate the employment relationship when there are legal grounds for termination.
Employment contract
The terms and conditions of employment and work are agreed upon in the employment contract. It determines the pay, working hours and the main tasks to be performed, for example. The employment contract may be valid until further notice or for a fixed term.
Change negotiations and cooperation
Cooperation is a procedure between an employer and employee that addresses issues related to employee’s rights and obligations. Before deciding on matters requiring co-operation negotiations, the employer must consult the employees. In some cases, however, it is enough to simply inform the workers.