What is an official employee warning? Explanation and use

What is an official employee warning? It is a written, formal record in which you address an employee regarding behavior or performance that is unsatisfactory, with a clear description of the complaint and the expectations for the future. Unlike a verbal reprimand, the official warning serves as evidence in the personnel file. The law does not impose any formal requirements on such a warning, but in subsequent termination proceedings, the subdistrict court judge specifically takes into account whether the complaint was previously recorded in writing.

The short answer

• What: a written record of a specific complaint against an employee, with date and expectation.
• Goal: To modify behavior and simultaneously build the case file for a potential dismissal.
• Legal: no statutory formal requirement, but important evidence before the subdistrict court.
• Basis: Good employership (Article 7:611 of the Dutch Civil Code) requires a warning first, and only then far-reaching measures.
• Retention: always in the personnel file, with confirmation of receipt.

What exactly is an official employee warning?

An official warning is a formal document in which the employer records that an employee's behavior or performance is unsatisfactory. It goes beyond an informal conversation: you specifically state what happened, why it is unacceptable, and what you expect from the employee. It often also states what consequences a repeat offense may have, such as a second warning, an improvement plan, or ultimately dismissal.

The warning is not a punishment in itself, but a corrective measure. For the employee, it is a clear signal that you mean business. For the employer, it is a building block in the file that allows you to demonstrate later that you gave the employee a fair chance to improve.

What do you use a warning for?

An official warning is appropriate for situations where the behavior is correctable and you in principle wish to continue the employment relationship. Consider:

• Blameworthy conduct: arriving late, unauthorized absence, failure to comply with safety or house rules.
• Dysfunction: unsatisfactory performance despite instruction, where the warning is part of an improvement plan.
• Transgressive behavior: unwanted forms of interaction or disregarding previous agreements.
• Violation of instructions: failure to follow reasonable orders from the employer.

For a minor first transgression, a verbal conversation is often sufficient. If the behavior is repeated or serious, a written warning is the appropriate instrument.

Why is documentation legally important?

The law imposes no formal requirements whatsoever for a warning. Therefore, you do not have to use a fixed template, and there is no statutory time limit. Nevertheless, the written form is indispensable in practice. If you wish to dismiss an employee later for culpable conduct (ground e of Article 7:669 paragraph 3 of the Dutch Civil Code) or for poor performance (ground d), the subdistrict court will assess whether you made it clear to the employee beforehand that the behavior had to change.

A file containing one or more dated warnings shows that the employee knew where he stood and was given the opportunity to improve. If this documentation is missing, a request for termination often fails because the judge cannot substantiate the accusation. Oral warnings are difficult to prove retrospectively; on paper, they are established.

Warning and good employership

Article 7:611 of the Dutch Civil Code obligates both employer and employee to conduct themselves as a good employer and a good employee. For the employer, this means not simply resorting to the harshest measure. You first address the employee, give them an opportunity to improve, and carefully document that process. A reasonable warning to which the employee can respond is consistent with good employership.

Proportionality is important: the severity of the warning must be proportionate to the accusation. Being late for the first time does not justify a final warning threatening dismissal. Build up the response as the behavior recurs.

A practical example

An installation company with eight technicians notices that one of them repeatedly ignores the mandatory safety instructions. After an initial verbal conversation, nothing changes. The employer then records an official warning stating which instruction was ignored, on what date, and that repetition could lead to an improvement plan or dismissal. The technician signs for receipt. When the behavior occurred again months later, the employer was able to demonstrate to the subdistrict court that the employee had been warned. The case file made the difference.

Honest recommendation

You do not need a lawyer for a standard first warning regarding, for example, being late. If you write down concretely what happened, which agreement was violated, and what you expect, and have the employee sign for receipt, you will get a long way. As long as the complaint is clear and the tone reasonable, you can easily draft such a letter yourself.

Do seek legal assistance as soon as the warning forms part of a case heading towards dismissal, in instances of inappropriate behavior involving potential damage claims, or when the employee disputes the warning. In such cases, correct wording that stands up in the subdistrict court is more important than the costs.

Want to know more about the content and the process? See how to drafting an official employee warning and what it means to have such a warning drafted by a specialist, or use the template directly on the official employee warning.

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