How many warnings are required before termination?
There is no rule regarding two or three warnings before dismissal. Read what the Employment Protection Act actually requires, how serious misconduct affects the assessment, and why every case must be evaluated individually.
There is no legal rule stating that an employer must provide two, three, or any other specific number of formal warnings before a dismissal. The old rule of thumb of "two to three warnings" is therefore inappropriate as legal advice.
Why are warnings used anyway?
For many types of misconduct, the employee needs to understand that the behavior is unacceptable and puts their employment at risk, as well as be given the opportunity to change. Therefore, previous clear warnings carry great practical significance.
Can a single serious incident be enough?
Yes, very serious misconduct can in some cases be so intrusive that prior warnings are not required in the same way. Summary dismissal (avskedande) according to Section 18 of the Employment Protection Act requires that the employee has grossly neglected their obligations to the employer.
Can many formal warnings still be insufficient?
Yes. If the warnings are vague, concern various trivialities, the employee has not been given a realistic opportunity to improve, or the employer has neglected rehabilitation/reassignment, the stack of papers may carry little weight.
The duty to reassign
According to Section 7, a dismissal is not based on objective grounds if it is reasonable to demand that the employer provide the employee with other work within the company. The issue of reassignment must therefore be kept separate from the number of formal warnings.
The two-month rule
In cases of personal conduct, as a general rule, the dismissal may not be based solely on circumstances that the employer has known about for more than two months prior to the notification according to Section 30, with the exceptions provided by law. This is not a rule regarding how long a formal warning "remains valid."
Process before dismissal
Section 30 requires that the employer notifies the employee in advance; in the case of dismissal, at least two weeks before. If the employee is unionized, the local organization must be notified at the same time, and there is a right to consultation.
Practical check: choose the right measure – not a specific number of warnings
- Investigate the incidents. Document concrete behaviors, dates, work instructions, and the employee's explanation.
- Clarify expectations. In cases of misconduct that can be remedied, the employee should understand what must change and what employment law consequences continued misconduct may have.
- Check the situation. Circumstances such as ill health, the need for accommodation, reassignment, or the risk of discrimination may require a different or additional process.
- Check collective agreements. A formal warning or a warning under the Employment Protection Act should not be confused with a disciplinary sanction, for which specific legal support may be needed.
- Assess each case individually. Sections 7, 18, and 30 of the Employment Protection Act contain rules regarding dismissal, summary dismissal, and procedures – not a requirement for two or three formal warnings.
If you wish to document a standard, corrective reprimand, the general template for a written formal warning can provide structure. For clear distinctions under labor law, see the guide on written warnings and formal warnings. Also read how long a formal warning can remain relevant.
Legal support: LAS Sections 7, 18 and 30 and MBL Section 62.
Sources
Templates in this article
Explore the topic
Written warning to an employee – guides & rulesWritten warning or admonition – what is the difference?
The difference between a warning, a reprimand, an LAS warning, and a disciplinary sanction. The terms are used differently, so the content and lega...
Written notice (erinran) – guides & rulesHow long is a written reprimand valid? No fixed validity period under LAS
A formal warning does not have a general 6- or 12-month validity period under the Employment Protection Act (LAS). Read about how relevance is affe...
