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 specific misconduct, demand a change (Rügefunktion), and warn of consequences if it recurs (Warnfunktion)
- Generally required only before a conduct-based dismissal (verhaltensbedingte Kündigung); generally not before a person-related (personenbedingt) or operational (betriebsbedingt) dismissal. It can be dispensable for particularly serious breaches
- No prescribed form and no fixed deadline; in practice, put it in writing and issue it promptly, with the date, place, and behaviour described precisely
- A blanket reprimand without a concrete incident, or without stating consequences, is not a valid Abmahnung
- The employee may add a counterstatement (Gegendarstellung) to the personnel file and can demand removal of an unjustified Abmahnung
FAQ
Do you always need an Abmahnung before a dismissal?
No. An Abmahnung is generally required only before a conduct-based dismissal (verhaltensbedingte Kündigung), where the employee shows controllable misconduct. It is generally not required before a person-related dismissal (personenbedingt, for example due to long-term illness) or an operational dismissal (betriebsbedingt). For particularly serious breaches it can also be dispensable.
How many Abmahnungen are needed before a dismissal?
There is no fixed number. For repeated, minor breaches of the same kind, one relevant Abmahnung is often enough; for very minor matters, several may be needed. What matters is that the employee was warned and had the chance to change.
Does an Abmahnung have to be in writing?
No, it is form-free and can even be given orally. In practice it should be written, because the employer must prove its receipt and content in a dispute.
When does an Abmahnung expire?
There is no fixed expiry. As time passes without further issues, it loses weight; a very old Abmahnung will usually no longer support a later dismissal.
What can the employee do about an Abmahnung?
They can file a counterstatement (Gegendarstellung) for the personnel file and, if the Abmahnung is unjustified, demand its removal from the file, if necessary through the courts.
Reviewed by: Legal Team, Leapsome · Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
