Employees often reach out to us with questions about what a warning letter is and how to defend against it. Due to the frequency of these inquiries, we have decided to prepare an article addressing these issues and answering your basic questions. This topic is related to one of the reasons for dismissal, where an employer may terminate the employment relationship by giving notice to the employee.
Simply put, a warning letter is a document in which the employer points out violations of the employee’s work duties. The employer addresses the employee directly and outlines the actions that the employer believes constitute a breach of work responsibilities. A warning letter serves to inform the employee about:
Violations of labor law regulations,
Insufficient work performance,
Non-compliance with employer instructions.
The employer must highlight specific shortcomings in the employee's work. General statements, without detailing the specific infractions committed by the employee, do not meet the required elements of a warning letter.
TIP: If the employer makes an error in drafting the warning letter, it is to the employer’s disadvantage, as it violates legal requirements.
The warning letter must include information about the employer’s right to issue a notice of termination if the employee does not improve their actions moving forward. This serves as a warning to the employee about the potential termination of the employment relationship in the future. If the employee does not correct their behavior after repeated warnings, the employer may proceed with issuing a notice of termination.
TIP: The employer does not end the employment relationship with the warning letter. It is merely a warning that termination may follow if no improvement occurs.
The employee must be given a reasonable period to make improvements. The employer, by issuing the warning letter, is giving the employee a "chance" to correct the improper conduct. The employer will specify the time frame for improvement; otherwise, the employee will face dismissal.
An employer is only entitled to dismiss an employee for reasons set out by law. One such reason is the employee’s unsatisfactory behavior, provided that the employer has previously warned the employee within the last few months (6 or 12 months). This warning is contained in the warning letter that the employer issues.
Therefore, it primarily serves as a reprimand to the employee. However, it also acts as the employer’s preparation for a potential dismissal. Before an employer can terminate the employee for these reasons, they must issue a warning letter. Therefore, it is not advisable to immediately acknowledge any errors in the employer’s procedure. If the employer acts unlawfully, the future termination notice may be invalid.
Dismissal for these reasons does not entitle the employee to severance pay. For this reason, employers often choose this reason for dismissal. The warning letter is frequently used as a pressure tool by the employer to push the employee to leave voluntarily. If it is not based on a genuine violation, it is a psychological tactic by the employer, which, however, does not produce legal consequences and may only influence the employee to make a favorable decision (leaving without grounds for dismissal).
A warning letter must always be delivered directly to the employee. Refusal to accept it has the same consequences as a proper delivery. The employer often brings witnesses to the delivery to ensure that it can later be verified that the employee received it.
TIP: It is usually impossible to avoid receiving a warning letter. By accepting it, you will at least learn what the employer is accusing you of and whether the accusation is legitimate or a false claim.
If you know the accusations are justified, you can take action to rectify the situation within the provided timeframe. The warning letter has a limited "validity." If you continue to fulfill your work duties properly, you should not fear dismissal.
If you receive an unjustified warning, you can respond to it. It is not possible to challenge the letter in court directly, but you can inform the employer that the warning was issued unjustifiably. If the employer attempts to terminate the employment relationship afterward, it is your opportunity. A poorly written warning letter means the employer has failed to meet the legal requirements for dismissal. Through judicial review, you can invalidate the dismissal and claim compensation for lost wages.
You are not required to respond to the warning letter. In fact, it may not be advisable if the letter contains absurd claims. By not responding, you allow the employer to resend the letter, this time in a better-written version with legal consequences.
Do not respond if you know the letter does not contain the necessary legal elements.
If you know that the facts mentioned in the warning (what you were accused of doing wrong) are not true, you can inform the employer that their statement is incorrect. If a negative consequence occurred, but it was not due to your fault, explain the actual cause (e.g., malfunctioning software, faulty equipment, lack of instructions from management, etc.).
Always communicate your response in writing. It is best to use registered mail. Alternatively, you can bring a copy with you and have the employer confirm receipt. In extreme cases, email or phone calls can be used, though they are much weaker methods of communication.
Did this article help you? If so, we would appreciate your recommendation. Do you have other questions regarding warning letters? Let us know, and we will address them in a follow-up post.
Have you received a warning letter and don't know what to do? Feel free to contact us.
Know Your Employee Rights
We protect and enforce employees’ rights in disputes with employers. One of the areas in which we advise and assist employees is invalid dismissals. If you, as an employee, have received a warning letter, it may not make sense to respond immediately, but waiting until the dismissal is invalidated is often beneficial. Similarly, we offer guidance on situations that employees commonly face (unpaid wages, severance pay, workplace injuries, occupational diseases, invalid immediate termination of employment, etc.).
Follow us on social media such as Instagram, Facebook, LinkedIn, where we share advice, useful information, and updates from the world of labor law in an easy-to-understand manner. Don’t hesitate to contact us at any time.
We will now take you through a short questionnaire, inviting you to complete a few questions and finally asking you to provide supporting documents.
In the event of a workplace accident, the damage is often not limited to personal injury. Damaged watches, broken mobile phones, or destroyed clothing can impose an additional financial burden in what is already a complex situation. As an employee, you have the right to compensation for damage to your personal belongings in connection with a workplace injury—and in this article, we will explain how to effectively assert this right.
Workplace Injury and Permanent Consequences as an Impact on Employee Health. What Are the Claims for Workplace Injury Compensation? More in Our Article.
Workplace injuries can affect an employee's life not only in terms of health but also financially, with consequences that extend over a longer time horizon. The result may be a prolonged impairment of the employee's work capacity. Initially, the employee operates under the regime of temporary incapacity for work.
Workplace accidents present not only a health risk but also a financial burden for employees. In cases of long-term sickness, employees often rely on sickness benefits, which, however, do not cover the full salary they were receiving from their employer before the workplace accident. If you are injured at work, you are entitled to compensation for lost earnings, which should cover the difference between the sickness benefits you are receiving and the amount you would typically earn from your employer if the accident had not occurred.
O vaše práva zaměstnance se stará Advokátní kancelář Ing. Mgr. Ladislav Šmarda, se sídlem v Olomouci a Praze, ČAK 18060
,
Sign up for our newsletter
