Issuing a Warning: Legal Requirements and Best Practices
Under the Estonian Employment Contracts Act (TLS), specifically § 88 (1), an employer has the right to terminate an employment contract extraordinarily if an employee continues to violate their duties despite a prior warning. The warning serves as a mandatory legal prerequisite for termination due to an employee's breach of contract.
How to Properly Issue a Warning
Although the law does not strictly mandate a specific format, a written warning is essential for evidentiary purposes in potential labor disputes. A valid warning should include:
- Specific Description of the Breach: Clearly identify the specific duty that was violated and the date/time of the incident.
- Legal/Contractual Basis: Reference the specific clause in the employment contract or internal work rules that was violated.
- Consequences: Explicitly state that if the breach continues or recurs, the employer reserves the right to terminate the employment contract extraordinarily.
- Employee Acknowledgement: It is highly recommended to obtain the employee's signature to confirm they have received and understood the warning.
Key Legal Considerations
A warning must be proportionate to the breach. According to TLS § 88 (3), an employer cannot terminate a contract without a prior warning unless the breach is so severe that the employer cannot reasonably be expected to continue the employment relationship. Furthermore, a warning loses its relevance if the employee has corrected their behavior and a significant amount of time has passed.
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