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How to warn the worker correctly

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How to warn the worker correctly

Cómo advertir al trabajador de forma correcta
How to warn the worker correctly

Warn the worker

In the event of a certain behavior by the worker, by failing to comply with his functions or obligations to the company, the company may choose to warn him.

The company can warn the worker in two ways:

  • Through a written reprimand.
  • By a written warning.

It is important to distinguish between these two types when alerting the worker, since, as will be explained below, the way to use one or the other varies depending on the final result, and may lead to the existence of liability on the part of the company due to non-compliance with the required formalities.

On many occasions, there are situations where the company is unaware of the way in which it should warn the worker, there are cases in which the company pretending to warn the worker correctly, fails to impose a warning. This sanction is considered void, and therefore brings consequences for the company, with the worker having the opportunity to file a claim against the company.

That is, if the company wants to warn the worker correctly, it must comply with the formalities in writing, being clear and precise, without giving error, explaining to the worker the reason for the warning.

What is a sanction and how should it be done

Sanctioning a worker is a fact that appears frequently in companies and occurs in cases such as the lateness of the worker or when there is a considerable decrease in the performance of the work you do.

And it is for this reason that the employer must know and differentiate a reprimand or sanction from a warning.

Regarding the sanction, the employer has the support of the legislation, having the possibility of admonishing his staff, which is enforceable by contract, giving an explanation, for written, to the worker in a reliable and well-founded manner for the breach of their labor functions.

Therefore, it is of notorious importance that the employer comply with a series of formal requirements for the sanction to be valid and produce its effects.< /p>

  • In the event that they are serious and very serious offenses, the employer must notify the worker in writing.
  • If these are very serious misconduct, the company committee and union delegates must be informed
  • The date and reason for the sanction must be indicated.

A brief model of how the employer should write the reprimand letter would be:

By means of this letter the Company…….

For this reason we deliver by hand and on date……

You are carrying out actions that lead to the breach of your job duties….

The company knows that you have been doing the following things

Reason for which the Company proceeds to warn you in writing….”

Another aspect to take into account are the terms that the employer has when sanctioning the worker, the term begins from the moment the that the company is aware of the worker’s non-compliance, taking into account that:

  • Slight offenses prescribe after 10 days.
  • Serious offenses after 20 days.
  • Very serious offenses after 60 days.

What is a warning and how should it be done

Regarding the warning, it must be said that it is not a sanction, it is a letter made by the company, calling the attention of the worker for not complying with the required labor functions and obligations.

A brief model of how the employer should write a warning letter would be:

“we hereby inform you that the company has learned that you are carrying out actions that lead to a breach of your duties thus harming the interests of the company.,

For this reason we deliver by hand and on date………. Y we formally warn you in writing for not fulfilling your duties regarding…

So, the company knows that you have been doing the following things….

To this end, we remind you that its functions consist of…

For all of the above, we proceed to formally warn you in writing so that you do not return to breach their job duties and not repeat the behaviors already mentioned.”

The difference between a letter warning the worker and a letter admonishing the worker is none other than the intention that is reflected in the letter, making it clear proof that the warning is a conduct that should not be repeated, clearly stating that the intention is not to penalize, is to call the attention of the employee to correct the conduct that he/she carried out.

According to the foregoing, the importance of the correct preparation of any type of letter or communication by the company made to the worker is clear.

Labor Law Department


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