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Termination Warning Notice for Germany

Termination Warning Notice Template for Germany

A Termination Warning Notice (Abmahnung) is a formal employment document used in German labor law as a prerequisite step before termination based on conduct-related reasons. This document serves as an official warning to an employee regarding specific misconduct or performance issues, clearly outlining the unacceptable behavior, referencing relevant contractual or legal obligations that have been breached, and explicitly warning of potential employment consequences, including possible termination, if the behavior continues. The document must comply with German labor law requirements and established Federal Labor Court (Bundesarbeitsgericht) precedents regarding form and content.

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Termination Warning Notice

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What is a Termination Warning Notice?

The Termination Warning Notice is a crucial document in German employment relationships, serving as a formal prerequisite before an employer can proceed with a conduct-based termination. It is typically issued when an employee has violated workplace rules, underperformed, or engaged in misconduct that could ultimately lead to termination if not corrected. The document must meet specific legal requirements under German law, including clear identification of the misconduct, explicit warning of consequences, and demand for improvement. It forms part of the employee's personnel file and can be used as evidence in potential future labor court proceedings. The notice must be specific, current, and proportionate to the offense, following principles established by German labor courts and legislation.

What sections should be included in a Termination Warning Notice?

1. Header Information: Company letterhead, date, and formal notice title (Abmahnung)

2. Employee Details: Full name and address of the employee, employee ID if applicable

3. Incident Description: Detailed description of the specific misconduct, including exact dates, times, and circumstances

4. Breach Specification: Clear identification of which contractual or legal obligations were violated

5. Warning Statement: Explicit statement that this behavior is unacceptable and constitutes a breach of duties

6. Future Consequences: Clear warning that continued misconduct may result in termination or other employment consequences

7. Improvement Demand: Specific expectations for future conduct and required changes in behavior

8. Signature Block: Date, signature line for authorized representative, company stamp if applicable

What sections are optional to include in a Termination Warning Notice?

1. Previous Incidents: Reference to any previous warnings or related incidents - include if there have been prior warnings

2. Workplace Rules Reference: Specific reference to company policies or workplace rules - include if specific written policies were violated

3. Remedial Actions: Specific steps or training required - include if corrective actions are being mandated

4. Works Council Notice: Reference to works council information/consultation - include if required by workplace agreements

5. Employee Response Option: Statement about the employee's right to respond - include based on company policy or works agreements

What schedules should be included in a Termination Warning Notice?

1. Incident Documentation: Copies of relevant evidence documenting the misconduct (e.g., attendance records, witness statements)

2. Receipt Confirmation: Separate page for employee to acknowledge receipt of the warning

3. Relevant Policies: Copies of specific workplace policies or rules that were violated

4. Prior Warnings: Copies of any previous warnings referenced in the notice

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions















Clauses














Relevant Industries

Manufacturing

Retail

Financial Services

Technology

Healthcare

Education

Construction

Hospitality

Professional Services

Transportation

Energy

Telecommunications

Public Sector

Media and Entertainment

Logistics

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Personnel Administration

Management

Executive Leadership

Labor Relations

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

Personnel Administrator

HR Business Partner

Department Manager

Line Manager

Compliance Officer

Employee Relations Specialist

HR Operations Manager

Managing Director

Chief Human Resources Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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