Receiving a warning for illness during training: is this legal?

A warning for illness in training is only rarely justified.

Surely no one doubts that some employers do it are not easy with their trainees and therefore a warning is necessary in the training already once. Not every apprentice is hardworking, eager to learn and a real asset to the company in which he is employed. But often bosses are also simply annoyed because the young worker has fallen ill. It can actually be assumed that no one voluntarily decides to fall ill.

It is not uncommon for such situations to result in Warning due to illness during training. Later superiors threaten then already once with the Termination of the training relationship or terminate directly. But are threats of dismissal and warnings in such cases permissible at all? This guidebook deals with this question. You can read all the important information here.

Is it possible to issue a warning due to sickness during training?

The timely notification of sickness is a duty that every employee has to fulfill. If incapacity for work occurs, affected employees must, in the case of a period of absence longer than three days, on the fourth day at the latest present a medical certificate to the company.

If an apprentice violates against these conditions, he may well receive a warning because of the illness in the training, which he has not properly reported. The employer in this scenario absolutely in the right. If an employee violates his or her contractual duties in this way several times, he or she may even be dismissed. This has then also not rarely before a labor court Stock.

However, the situation is different if the apprentice has properly and rightfully reported sick has. In this case it can happen, especially if there are several sick leave notifications in a certain period of time, that superiors suspect that the respective employee has been only "bunking off. If then a warning is issued because of alleged wrong illness in the training, this is often unjustified because:

  • A proper sick note must always be accepted by the company manager at first. Sick employees have the right to take a leave of absence and recover at home.
  • Comes it however Frequently and at short notice on sick leave, company managers can turn to the Medical service of the health insurance turn. The latter checks whether the sick leave is justified by the attending physician. If it turns out that this is the case, the warning for sickness in training continues to be not justified.

The special protection of apprentices

A warning for illness during training is justified if the illness is only feigned.

Terminating a trainee or issuing him or her with a valid warning due to illness during training is not easy, and not only for the reasons stated above.

The legislator has in fact ensured that apprentices can be enjoy special protection, especially with regard to a dismissal. The latter can only take place if really important reasons exist.

Such a reason exists in principle, if after weighing all personal and operational circumstances it becomes clear that the continuation of the respective training relationship is no longer reasonable. Such a situation does not exist just because a trainee is absent once for two months. In fact, it must also be ensured that a trainee not a full working capacity Is and his apprenticeship in the foreground. As a result, it is rather difficult to prove that the "operational concerns" have been impaired.

Options for action for employers

As it turns out, a warning due to illness in training is often difficult to implement. However, entrepreneurs also have Other ways of dealing with trainees, who are conspicuous by their permanent absence:

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