If this is the exception, this usually has no consequences. In the case of a regular delay, however, an employer may feel compelled to issue a warning. But what does it really mean?
The rights and obligations of trainees are regulated in the training contract. Anyone who comes too late, for example, commits a breach of duty in respect of working hours.
Yellow card for Azubis
With a warning, an employer can show trainees the “yellow card”, so to speak. It is both a pedagogical tool and a pre-employment notice for dismissal. Anyone who received a warning was wrong. Trainees who want to keep their apprenticeship position should rethink their actions.
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.
What is a warning?
A warning can be made informally. It is valid both in writing and orally. It should be noted, however, that it must be concrete and promptly follow the offense. A blanket warning for frequent late arrivals is not correct, if it is not exactly named, when someone came too late.
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.
How long is a warning?
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Work instructions not followed: Supervisors are authorized to give instructions. Apprentices should learn from them. If work instructions or safety regulations are not followed, for that Companies financial damages arise. Occupational safety could also be impaired.
- 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.
- 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 to prepare for an immediate termination if they want to get rid of trainees. In particular, if there are several warnings for spurious reasons in brief periods, apprentices should be aware.
Those who feel that they have been treated unfairly should write a counter-statement and have it inserted by the employer in the personal file. A copy of the letter is in your own documents. In case of doubt it is always a good idea to get advice from a specialist.
Misunderstandings can often be clarified without a lawyer. In an open discussion, conflicts can usually be better off the world than if everyone is on a confrontation course. Probably the most important prerequisite for successful training is that employers and apprentices pull together.
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German edition: ISBN 9783965960787
English version: ISBN 9783965960794 (Translation notice)
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