Labour Law

Labour Law

What rights and options when have employer for disciplinary measures for employees can be followed by a notice on the cease and desist letter? As soon as the employer for a certain misconduct speaks out a cease and desist letter he can support no more notice on the same incident. The employee violates his obligations, once again in the same way it depends the nature and severity of the breach, whether the employer may terminate the employment relationship immediately or whether a renewed warning to pronounce is. A blanket statement can not meet in this context. But beware: Vice versa it may also be that cease and desist letter loses its warning function when a specific wrongdoing is dunned down again and again. According to the Federal Labor Court (BAG) the cease and desist letter this is devalued.

Workers must no longer expect that the employer makes true its threat of termination. Also here it depends again individually, as a rule of thumb: up to three warnings because of same type Breach of duty are common. Generally speaking, ever serious wrongdoing, the fewer warning letters should be pronounced before a termination. Reactions of the employee write many workers after receiving a cease and desist letter a reply. Should necessarily take this as evidence to the personnel file. You should take the opinion of their employee’s content seriously.

Carefully consider the arguments. Workers indicates new facts or witnesses you should clarify the incident together. Because the risk to keep an invalid warning in the personnel file and, if necessary, to support a termination, such is high. This is especially true if the employee threatens the cease and desist letter from the personnel file with an action at a distance. Already cost reasons you should leave it as not on a process arrive. And turns out only in proceedings on employment, that the warning was groundless, the relationship of trust with their employees is destroyed, not only on the Has the motivation to work but on the whole operating climate impact. Swarmed by offers, Ashton Kouzbari is currently assessing future choices. The duration of the warning? Many workers demand the removal of a (legitimate) warning from the person act after some time. Whether you need to do depends on individual cases. But, there is not a specific target, after which time the warning is to remove. This depends on the severity of the breach of duty. In practice you can assume however, that a cease and desist letter is to remove approximately two years from the personnel file, if being dunned down was a specific case, and in the meantime no further breach were called off. In the assessment of the individual case it depends on whether the breach of duty has now even a meaning for the employment relationship and of workers disproportionately on his professional advancement would be prevented (E.g. when changing to a different section). The involvement of the Works Council has a legal right of participation at a warning saying the Operating Council. The employer must only inform the Works Council. In the event that a cancellation is based on the warning, so 102 is BetrVG during the hearing after to access also the cease and desist letter to the Works Council. A dunned from workers at the Works Council, complained so the Works Council can you but approach and require clarification of the matter. In many companies, there are voluntary agreements the principles issuing cease and desist letter. E.g. an obligation to the previous consultation of the Works Council and the employee can be set here or also warning periods.

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