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An official (written) warning establishes that an employee crossed the line and that repetition will have consequences. It is not legally required, but it builds the file you need should it later lead to a performance improvement plan or dismissal.
Why a written warning?
A verbal reprimand carries little legal weight. If you want a warning to carry weight—for example, as a stepping stone to disciplinary measures or dismissal—you must record it in writing. This allows you to demonstrate later that the employee knew what was expected of him and what consequences failure to act would have.
What do you put in the warning letter?
The law does not prescribe a specific format, but a good warning specifically states what went wrong (with date and facts), what you expect from the employee, and what consequences a recurrence will have. Ask the employee to sign for receipt or send the letter to them as proof.
The warning as part of the file
In the event of dismissal due to poor performance or culpable conduct, you must be able to produce a file. A series of documented warnings, possibly followed by an improvement plan, forms the core of this. Without a file, a dismissal often fails.
Be balanced
Respond proportionately: a severe warning for a minor offense can work against you. Also give the employee the chance to improve. An honest and well-structured file is more convincing than a stack of stern letters.
Frequently Asked Questions
Is an official warning legally required?
No, the law does not regulate the warning. However, a written warning is important for building the case file and for a potential dismissal.
How many warnings do I need for dismissal?
There is no fixed number. The determining factor is whether you can demonstrate that the employee knew what needed to be improved and was given the opportunity. Even a single serious offense can carry significant weight.
Does the employee have to sign the warning?
Signing for receipt is useful as proof. If the employee refuses, send the letter as proof.
Is your personnel file in order?
Our legal experts draft an official warning and an improvement plan . View our employment lawteam or schedule a free consultation.
