A formal warning (Abmahnung) is the “yellow card” of German employment law. It criticises a specific instance of misconduct and warns that a repeat will lead to dismissal. For employees it is a serious signal, but no reason to panic. For employers, a properly worded warning is often the prerequisite for a later dismissal that will stand up in court.
Key points at a glance
- A valid warning identifies the specific misconduct, calls on the employee to comply with the contract and threatens consequences in the event of a repeat.
- Before a conduct-related dismissal, one relevant warning is generally required – not necessarily two or three.
- There is no fixed period after which a warning must automatically be removed from the personnel file.
- You have the right to add a counter-statement to your personnel file (§ 83 BetrVG).
- An unjustified warning must be removed from the personnel file on request.
The functions of a warning
The case law distinguishes three functions: the reprimand function objects to specific conduct, the warning function announces consequences for the continuation of the employment relationship in the event of a repeat, and the documentation function records the incident. If the warning function is missing, the letter is merely an admonition (Ermahnung) – it cannot pave the way for a dismissal.
When is a warning valid?
- Specificity: The misconduct must be described specifically by date, time and events. General accusations (“You are often late”) are not sufficient.
- Breach of duty: The conduct must actually breach obligations under the employment contract. In the event of a dispute, the employer bears the burden of proof.
- Threat of consequences: It must be clear that the continuation of the employment relationship is at risk if the conduct is repeated.
- Proportionality: Very minor breaches do not justify a warning.
- Authority: A warning may be issued by anyone who has authority to give the employee instructions – not only by someone who is also entitled to dismiss.
No particular form is prescribed. For evidential reasons, however, warnings are almost always issued in writing. If a warning contains several accusations and only one of them is incorrect, the whole warning must be removed from the personnel file.
How many warnings before a dismissal?
A widespread misconception: there do not have to be two or three warnings. As a rule, one relevant warning is enough, i.e. a warning for misconduct of the same kind. Conversely, numerous warnings without consequences can weaken the warning function – the employer must then make clear that it is now serious (“final warning”).
In the case of particularly serious breaches of duty whose unlawfulness is obvious – such as theft, physical assault or working time fraud – a warning may not be necessary at all.
How long does a warning stay in the personnel file?
There are no fixed time limits. A warning may lose its warning function after a longer period of conduct without complaint; the courts look at the individual case. There is a right to have it removed if the warning contains incorrect facts, is formally defective, is based on an incorrect legal assessment or if the employer no longer has a legitimate interest in keeping it on file.
You have received a warning: your options
- Do not sign anything that contains an admission. Confirming receipt is harmless; an “acknowledgement” of the accusations is not.
- Document the facts: Promptly write down your version of events, witnesses and evidence.
- Counter-statement: You can demand that your statement be added to your personnel file (§ 83 Abs. 2 BetrVG). It should be factual and brief.
- Demand removal: If the warning is unjustified, you can demand its removal out of court and, if necessary, before the Labour Court (Arbeitsgericht).
- Wait and see: Sometimes it is tactically wiser not to challenge the warning at first. You can still dispute its accuracy in later unfair dismissal proceedings – and the employer will still bear the burden of proof.
Which option makes sense depends on the individual case: on your relationship with your line manager, on the evidence and on whether you are planning to change jobs anyway.
For employers: issuing warnings correctly
Many dismissals fail because of defective warnings. We help you document breaches of duty in a way that will hold up in court, word warnings precisely and ensure a consistent approach across your business. You will also find template texts under Template letter: formal warning.
Practical examples
The following cases are simplified, typical scenarios from employment law practice. They are for illustration only; every individual case must be assessed separately.
General accusations
Situation: A customer adviser receives a warning because he was allegedly “repeatedly unfriendly towards customers”. No specific incidents are named.
Legal assessment and approach: The warning is too vague and must be removed from the personnel file. It would also be unsuitable as a basis for a later dismissal.
One of three complaints is wrong
Situation: A nurse receives a warning for three alleged documentation errors. For one of the days, she can prove that she was not even on duty.
Legal assessment and approach: Because one accusation is demonstrably incorrect, the entire warning must be removed. The employer could issue a new warning for the remaining points – in practice, this often does not happen.
Warning for private internet use
Situation: A clerk receives a warning for allegedly surfing the internet privately during working hours. There is no company policy on private use.
Legal assessment and approach: Whether there is a breach of duty depends on the extent of the use and whether it was tolerated. Occasional, brief use in a business without a ban generally does not justify a warning. Find out more in the article Private internet use at work.
Employer with “warning inflation”
Situation: A company had warned an employee five times within two years for being late, without taking any further steps.
Legal assessment and approach: The warning function had been weakened. We recommended an expressly “final” warning with a clear threat of dismissal. After the next breach, the dismissal was well prepared and was upheld in court.
Frequently asked questions
Do I have to sign a warning?
No. You can confirm receipt, but you do not have to declare that you agree with its content.
Can I be dismissed because of a warning?
Not because of the warning itself. Only a further breach of the same kind can justify a conduct-related dismissal.
Is there a deadline within which a warning must be issued?
There is no statutory deadline. However, if the employer waits a very long time, the right to issue a warning may be forfeited.
May the employer issue a warning during the probationary period?
Yes. During the probationary period and in small businesses, however, a warning is generally not required before a dismissal, because the Protection Against Unfair Dismissal Act (Kündigungsschutzgesetz) does not apply.
Would you like us to review your case? Send us your documents – we usually respond within 24 hours and will tell you the expected costs in advance.
Note: This information provides a general overview of the legal position (as of November 2026) and does not replace legal advice on your individual case.
This page is a translation of the German original. It is for general information only and does not replace legal advice on your individual case. German version