Are you still in the Vocational Training and have received a warning from your employer? Reset Don't you know how to deal with it? In this article we will show you what you absolutely have to consider.

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A warning - what is that actually?

The job market is constantly changing, and so is the Regulate and regulations at Workplace. For many employees, this is not the case at all clearas fast they expose themselves to the risk of a warning.

In Germany employers can assess the work ability of employees based on criteria such as attendance, punctuality, integrity and group ability. If these points are not met, it can Corporate dismiss the employee. This is known as an “employer warning” and is a statement that the employer can use to notify the employee of a planned change.

Attention: There is a threat of a warning here!

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A good example, because it is very commonplace, is the issue of punctuality, because being late is easy. The alarm clock fails again or the bus is late. There are many reasons why trainees arrive late at work. If this is the exception, it usually has no consequences. If you are regularly late, an employer can be forced to do so feelto issue a warning.

Or did you know that German employers Employees can sue if they illegally music from the Internet download? Very often one also hears from employees who use company computers for private purposes and receive a warning or even written notice of termination.

Be careful with part-time jobs

Part-time jobs are also subject to approval and are often not welcomed by employers. This is especially true when employees use the know-how from the Company want to build up a second mainstay on a part-time basis and thus create competition with his employer.

Employees who have a secondary employment relationship in addition to their main employment relationship must reckon with the possibility of receiving warnings for breach of their duties in the event of a breach of confidentiality regulations.

But even if the part-time job is not related to the industry and there is no risk that important know-how will be passed on, the employer could come to the conclusion that the trainee has the Energy for the main job is missing - and in the worst case, issue a warning if he has not previously allowed the sideline.

Employment contracts are legally binding

Because the employment contract with the employer during training is a de facto legal contract that is legally binding for both parties. Whoever commits breach of contract exposes himself as an employee, as a trainee, to legal risks .

The rights and obligations of trainees are regulated in the training contract. For example, anyone who regularly comes late or has an unauthorized part-time job is committing a breach of duty with regard to working hours. Even those who want to break off their training prematurely commits a breach of contract and that can also have legal consequences.

Yellow card for Azubis

But what exactly is the purpose of a warning in training? With a warning, an employer can, so to speak, show trainees the “yellow card” in the event of a violation. It is both a pedagogical tool and a precursor to termination under employment law. Above all, it is a means of Communication.

The employer reminds the trainee of a rule that the employer needs to know. The employer doesn't want it in Future disputes arise. Anyone who receives a warning has behaved incorrectly. Apprentices who want to keep the training position should reconsider their course of action.

Warning as a preliminary stage for termination

However, a warning is not intended as general communication, but in the event that there is a serious error. In practice, the employer warns the trainee about the above mistake, and at the same time exposes himself to the risk of a dispute.

It is often said that only after three warnings the denunciation threatens. However, this is not correct. This number is not legally prescribed. In the case of gross offenses such as theft, in the event of doubt, a warning is sufficient to justify an immediate termination.

Employers' rights and obligations

Legislation gives employers the power to send warnings to employees who have made mistakes. Let me be clear: Any employer who sends you a warning has the right to do so. Nevertheless, employers should be careful when issuing warnings. If the warning contains a false accusation, it is definitely justiciable.

But no employer will use this instrument lightly: Warnings are often an unpleasant matter for employers as well. However, workers should keep in mind that companies are also under pressure as there are many risks to be aware of or they run the risk of being Success lose their business.

The question of whether employers are obliged to inform their trainees of the legal consequences of a warning and the economic disadvantages of unlawful employment is not clearly regulated in case law Behavior to explain. Good employers will in a reasonable way Conversation for sure Doing and doubting helps here: Just ask.

Warning from the employer: First steps

The fact is: Anyone who receives a warning from their employer should know what it is, what the consequences are and how to deal with them. Because a warning means that you have been noticed unpleasantly and there can be serious consequences.

A warning from the employer means that you are in danger of losing your job verlieren, because you made a mistake - and therefore a very serious matter.

You should therefore never ignore a warning from your employer. On the contrary: if the Executive If you write a warning or even notice of termination, then this is your first opportunity to avoid the most massive reaction in an initial interview.

What is a warning?

An employer warning is a legal document that informs you that you have broken the law. The warning is usually in the form of a letter, but can also be in the form of a letter, fax or e-mail. The warning can also be sent electronically or in the form of a letter.

A warning can also be given informally. It is valid both in writing and orally. It should be noted, however, that it must be specific and promptly follow the offense. A blanket warning for frequent lateness is not correct if it is not stated exactly when someone was late.

How long is a warning?

The Chamber of Commerce and Industry Hannover (IHK) recommends that employers issue two relevant warnings before they give notice. This means that is warned because of a similar or very similar offense z. B. unexcused absence in the vocational school and at work.

There are no legal deadlines for how long a warning will endure. If trainees have not done anything wrong for a long time, a warning will become obsolete. This usually happens after one year. Thereafter, the old warning should have no further effect.

Common reasons for warnings or termination:

  1. Come too late: If you like to sleep long and arrive late at the workplace is unreliable. Working hours must also be respected by the apprentice. The warning is often used as an educational tool.
  2. Unexcused missing: Everyone is sick. However, if trainees leave the workplace or the vocational school without good reason, they do not only risk a warning. The few employers show understanding. If the arch is spanned, the termination follows.
  3. Self-employed holiday: A holiday must be approved. If the desired date has not been approved by the employer, the holiday simply can not be accepted. Trainees, who still stay away from the training, are usually given a warning.
  4. Theft: Even if the training wage is often low, no one is allowed to go to the cash desk. This destroys the trust relationship between apprentice and employer sustainably - a proven theft means usually the termination.
  5. Prohibitions: If the employer, for example, Such as private telephone calls or Internet use, this is to be respected. If trainees are more often banned, the employer can issue a warning.
  6. Report not completed: Every trainee is obliged to fill in regular training certificates for his / her education. The report is a basis for the IHK examination. If it is not filled, trainees risk missing the training goal.
  7. Work instructions not followed: Superiors are authorized to issue instructions. Trainees should learn from them. If work instructions or safety regulations are not followed, the company can suffer financial damage. Work safety could also be impaired.
  8. Inability to work: Through illness or injury, the ability to become a profession can be restricted so much that the job can no longer be performed. An example of this is serious skin diseases, B. Care professions.
  9. Damage to business ownership: With tools or other business ownership trainees have to deal with care. Of course, every time makes a mistake, but in case of negligent or wanton damage, warnings are quite common.

What if the warning / notice is unauthorized?

A warning is not always justified. Some employers even use the warning as a cheap means of preparing for termination without notice if they want to get rid of trainees. Trainees should I aufmerksam .

Anyone who feels they have been treated unfairly should write a counter-statement and have the employer add it to their personnel file. A copy of the letter belongs in your own documents. When in doubt, it's always a good one Ideato seek advice from a professional.

Misunderstandings can often be clarified without a lawyer. In an open conversation, conflicts can usually be resolved better World be accomplished as if everyone remains on a confrontational course. Probably the most important prerequisite for successfully completing an apprenticeship is that employer and trainee pull together.

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