Abmahnung in German Employment Law: Requirements and How to Respond

With an Abmahnung, the employer objects to a specific breach of contractual duty (reprimand function) and points out that dismissal is threatened if the conduct is repeated (warning function). Both functions must be present; otherwise it is merely a notice without the legal effect of an Abmahnung.

The Abmahnung must describe the conduct objected to precisely – with date, place, and the facts of the matter. Blanket accusations are not sufficient. In principle, an Abmahnung can also be issued verbally; the written form, however, is customary and provides reliable evidence.

Before a conduct-related dismissal, a relevant Abmahnung addressing the same type of conduct is generally required – the employee should be given the chance to change their behaviour. Only in cases of serious breaches of duty can the dismissal exceptionally be valid without a prior Abmahnung.

You are not required to sign an Abmahnung; a signature only confirms receipt, not the accuracy of its content. You can draft a counterstatement that is added to your personnel file. If the Abmahnung is unjustified, you can demand its removal from your personnel file.

Check: Is the conduct being reprimanded described specifically and accurately? Does the Abmahnung contain a clear warning with a threat of dismissal? Are the facts correct? If there are errors, a counterstatement or a demand for removal is worthwhile.