A warning may be given for…
It is important that the warning is justified on the basis of the latest episode that took place so that the employee has no doubt as to what it is about. Often written warnings are about:
The employee does not have the skills needed to perform his job satisfactorily
The employee does not provide sufficient work and therefore does not reach agreed goals such as sales, purchasing or sales goals
The employee does not comply with his working hours ( eg. meetings too late, premature or absent from work )
The employee is unfair and talks badly about the company and / or colleagues
A warning may also relate to illness, but since it is very individual what applies to the individual employee in relation to terms of employment and the course of illness.
What are the requirements for a warning?
In addition to an in-depth justification, there are a number of requirements as to what a warning should contain. These requirements are not described in any legislation, but follow case law ( previous judgments ). The requirements are as follows:
The warning must be concrete and factual, which means that there must be a clear explanation / description of what the employer wants the employee to change
The warning must have a deadline. This means that the employee must have changed his behaviour within a reasonable time
It must be stated what consequences it may have for the employee if the employee does not change behaviour
In many cases, the employer calls the employee for an interview where the employer gives the employee the warning. In this way, the parties can enter into an open dialogue about the core point of the warning. Subsequently, the employee receives the warning in writing, and at the same time acknowledges receipt as proof that it is valid and has taken place.
A warning can therefore be given both orally and in writing. Thus, there is no formal requirement for how the warning should be given unless there are certain guidelines in the workplace or the employee is covered by a contract, who determines the procedure to that effect. It is a requirement that the employee receive at least one written warning before termination, if the termination is justified in relation to the employee.
Either way, as an employer, you should always give the warning in writing, as it can be documented afterwards, and it does not prove word for word. There is also no requirement that prior to the warning, one or more oral statements must be given. If there are several unsatisfactory conditions, one written warning must be given for each relationship, so a written warning may not contain more conditions the employee must rectify.
The contents of DKkonsult written warning
As mentioned, a written warning can be prepared in various ways and the content may vary. Our provided written warning contains the following:
Employee information ( name, address )
Workplace information ( name and address )
A concrete description of what the problem is ( the core of the warning )
A concrete description of what the employer expects from the employee
A deadline for when the employee should have changed behaviour at the latest and thus a reassessment of the situation
A specific description of the consequences if the employee does not correct his or her behaviour
Employer’s signature
Employee’s signature (receipt)
Make a written warning online and easily
You can easily prepare a written warning through the DKkonsult that is legally valid and correct. Simply reply to a web form, pay for the document and then you will immediately receive the written warning ready to be signed and passed on to the employee.
