An Abmahnung (formal written warning) calls out specific misconduct, asks the employee to stop it, and warns of consequences if it recurs. In Germany, it is usually a precondition for a conduct-based dismissal (verhaltensbedingte Kündigung): you must first give the employee a chance to change. A valid Abmahnung names the misconduct precisely, demands a change, and states the consequences. There is no statutory deadline, but it should follow soon after the incident.
At a glance
- Three functions: document the misconduct, demand a change (Rügefunktion), and warn of consequences (Warnfunktion)
- Generally needed only before a conduct-based dismissal, not before a person-related or operational one
- Form-free and with no fixed deadline; for evidence, though, put it in writing promptly, with the date, place, and specific behaviour
- The employee can add a counterstatement (Gegendarstellung) to the personnel file and have an unjustified Abmahnung removed
FAQ
When is an Abmahnung dispensable before a dismissal?
For a person-related dismissal (for example due to long illness) and for an operational dismissal, no Abmahnung is needed. For particularly serious breaches, where the employee must realise the employer will not tolerate it, it may exceptionally be omitted.
How many Abmahnungen are needed?
There is no fixed number. For repeated, similar misconduct one relevant Abmahnung is often enough; for minor matters several may be needed. What matters is that the employee was warned and could have changed.
When does an Abmahnung expire?
There is no fixed period. As time passes without further issues it loses weight; a very old Abmahnung usually no longer supports a later dismissal.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
