Termination
"You're getting a warning!"
You have received a written warning or one has been threatened.
Arbeitsrecht / § 22 BBiG
It depends …
Possible, but only for genuine misconduct!
A warning must name specific misconduct, identify the duty breached and threaten the consequence if repeated. Blanket warnings ("you're too slow") are ineffective. You have the right to add a rebuttal statement to your personnel file. A warning is often a precondition for a later termination.
What the law says
Requirements for a valid warning (employment law)
A valid warning must: (1) describe the misconduct specifically (date, type, circumstances), (2) name the duty breached, (3) call for future contract-compliant performance, (4) threaten consequences in the event of a further breach of duty.
What you can do
- Check whether the warning contains the three elements: misconduct, duty, consequence.
- You may write a rebuttal statement and have it added to your personnel file.
- When receiving it, only sign for RECEIPT, not for agreement!
- Get advice: union, IHK training advisor or a specialist lawyer.
Email template for your trainer
Subject: Rebuttal statement regarding the warning of [date]
Dear [name of trainer / HR department],
I have received the warning dated [date] and hereby submit a rebuttal statement, which I ask to be added to my personnel file.
[Describe the facts from your point of view here — factual and specific]
I reject the accusations raised in the warning [in full / in part]. [Insert reasons]
I ask that this rebuttal statement be added to my personnel file in accordance with my employment-law entitlement.
Kind regards
[Your name]
More cases: Termination
- One more time and you're out!
- Just sign here…
- A reference? You don't need that!
- During the probationary period you can be sacked any time.
- Late once → dismissal without notice!
- Sue if you like, you don't stand a chance.
- Passed? Keep working for now, the contract will come later.
- After the training you stay with us for two years — it's in the contract.
- You want to quit? It's not that easy.
- You're fired. — via WhatsApp
- Being kept on? You have no right to that.
- You're ill too often — we have to part ways.
- Pregnant during your training — that doesn't work here.
- The company is bankrupt — what happens to you?
- We're extending your probation by three months.