The warning is a reprimand from the employer to the employee, a forewarning from the employer to encourage the employee to change his behaviour.
By issuing a warning, the employer gives the employee a second (or additional) chance, avoiding termination of employment.
The employer, who issues a warning to punish the employee for a fact, will no longer be able to dismiss him/her for that same fact.
However, the employer can only invoke this fact in support of a termination if a new fact has occurred subsequently. The warning strengthens the employer’s position.
The Labour Code does not regulate warnings: they are therefore not subject to any particular formalism.
On the employer’s side:
On the employee’s side:
When the employee contests the validity of the warnings, the employer must provide the evidence.
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