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An official warning is a written notification to the employee that their behavior or performance is unacceptable, with the warning that sanctions will follow in the event of repetition — up to and including dismissal. Indispensable for building a case file in the event of dismissal due to poor performance (ground d) or culpable conduct (ground e). Do not appoint when a conversation is sufficient; however, use it as a signal that the behavior really must change.
The short answer
- What: Written notification to the employee regarding unacceptable behavior or performance.
- When: after a previous conversation that brought no improvement.
- Content: facts, desired behavior, timeframe for improvement, possible consequences.
- Goal: building a case file and the last chance for improvement.
When do you issue an official warning?
Common situations:
- Poor performance: employee fails to meet performance targets despite previous discussions.
- Unwanted behavior: bullying, intimidation, consistent lateness.
- Non-compliance with rules: dress code, safety protocols, house rules.
- Unacceptable language: discriminatory, offensive, in a work situation.
- Non-cooperation with reintegration: refusal of suitable work during sick leave.
First a normal conversation, then an official warning if that doesn't help. Not for every minor issue — otherwise the warning loses its impact.
What is in it?
A good official warning contains:
- Date and heading “Official warning”.
- Concrete facts: what happened, when, with witnesses. No vague terms.
- Reference to previous conversations: when was this topic discussed before.
- Desired behavior: what the employee specifically needs to do differently.
- Timeline: when the re-evaluation takes place (often 4–12 weeks).
- Consequences: what happens if there is no improvement — often dismissal.
- Support: optionally training, coaching, mentorship.
- Employer signature: by HR manager or director.
- Space for employee signature: for receipt (not for consent).
How do you hand it over?
Best practices:
- Personal meeting: not via email or post.
- Two attendees on the employer side (HR + manager).
- Provide a written version, and optionally sign immediately for receipt.
- confirmation email with attached letter.
- Copy in personnel file.
In case of refusal to sign: record this with two witnesses. The warning also applies without a signature, provided it can be demonstrably proven to have been handed over.
Difference from other steps
The standard escalation:
- Step 1 — Normal conversation: informal, documented in the performance review.
- Step 2 — Written note: meeting report in personnel file.
- Step 3 — Official warning: formal written notification.
- Step 4 — Final warning: more explicit, often with a threat of dismissal.
- Step 5 — Dismissal: via voluntary settlement agreement, subdistrict court, or summary dismissal for urgent reasons.
Some employers skip steps — risky in subsequent court proceedings.
Legal pitfalls
- Facts too vague: “does not do its job properly” without concrete details does not work.
- No chance of improvement: a warning without a time limit or support fails in court.
- Dismissal too quickly: one warning and immediate dismissal is rarely accepted.
- Failure to hand over: a warning in a file without proof of handover does not count.
- Discriminatory basis: for warnings relating to gender, religion, or age: high risk of legal action on the part of the employer.
Honest recommendation
An official warning is a serious instrument with legal impact. Do not use it for every minor issue; however, it is indispensable for building a case file for dismissal. Engage an employment lawyer for wording in sensitive situations — a well-formulated warning prevents subsequent court proceedings from failing.
For the full dismissal process: employee underperformance and dismissing an employee.
Frequently Asked Questions
A written notification to an employee that their behavior or performance is unacceptable, with an explicit warning that consequences will follow upon repetition — up to and including dismissal. Indispensable for building a file in cases of dismissal due to poor performance or culpable conduct.
After a previous conversation that brought no improvement. In cases of dysfunction, undesirable behavior, non-compliance with rules, or failure to cooperate with reintegration. Not for every minor issue — otherwise the warning loses its force.
Not mandatory. In case of refusal: record with two witnesses. The warning is also valid without a signature, provided it is demonstrably handed over personally. A subsequent confirmation email strengthens the evidentiary position.
Date, heading “Official warning”, concrete facts, reference to previous conversations, desired behavior, timeline for evaluation, possible consequences, potential support, employer signature, and space for employee to sign upon receipt.
There is no statutory minimum, but practice at the subdistrict court shows that one or two warnings plus an improvement plan is the minimum for a successful ground for dismissal. In the case of serious offenses (theft, violence), summary dismissal is possible without prior warning.
The employer may issue a second warning (“final warning”) or proceed directly to dismissal via a voluntary severance agreement, the UWV (Dutch unemployment agency), or the subdistrict court. The warnings in the file then serve as evidence of the documentation process.
Not legally, but its force diminishes over time. A warning from 2020 carries less weight for dismissal in 2026 than one from 2025. Often, after 6–12 months without repetition, the warning is considered “served,” except in cases of serious misconduct.
