Vocational Training Contract by Agreement
Once a company and a trainee have agreed on the training in a specific occupation, the vocational training contract is concluded. Its essential content must be recorded in writing by the company without delay.
The contract must be signed by both parties. If the trainee is still a minor, their legal representative, usually their parents, must also co-sign the contract. The trainee and their legal representative will receive a copy of the contract without delay.
The company submits the contract to the Chamber of Industry and Commerce (IHK). The IHK reviews the contract terms and enters the contract into its register of vocational training relationships. The Vocational Training Act refers to the company as the "trainer" and the trainee as the "trainee."
Information on the Duration of Training
The duration of training is specified for each occupation in the respective training regulations. This can be, for example, three years. During this timeframe, an average trainee should be able to achieve the training objective.
A shorter training period is possible if the trainee has completed a vocational foundation year at a school or attended a vocational college. The Chamber of Industry and Commerce (IHK) can also shorten the training period if it is expected that the trainee will achieve the training objective within the reduced timeframe.
This is the case, for example, if the trainee has already completed a full or partial apprenticeship or possesses higher general educational qualifications (e.g., a secondary school leaving certificate or university entrance qualification). The IHK only acts upon application. This application must be submitted jointly by the company and the trainee. In exceptional cases, such as prolonged illness, the IHK can also extend the training period. This requires a corresponding application from the trainee.
Part-time training: Sometimes, for personal reasons, a trainee is unable to complete full-time training. In such cases, the IHK can reduce the daily or weekly training hours upon joint application from the employer and trainee. Recognized reasons for part-time vocational training include: caring for one's own child, caring for a close relative, and having a disability.
Agree on a probationary period
Every vocational training contract begins with a probationary period. It must be at least one month and may not exceed four months.
During this period, both the company and the trainee have the right and the obligation to carefully examine whether all the necessary prerequisites for a successful training relationship are met on both sides.
If the training is interrupted for more than one-third of the probationary period, it is extended accordingly.
Otherwise, the probationary period cannot fulfill its purpose.
Rights and obligations of the trainee
The vocational training contract not only grants the trainee rights but also imposes obligations. The training for a profession that enables one to succeed in working life is paramount. Both the trainee and the company must contribute to this.
Obligation to learn
The most important obligation is the obligation to learn. The trainee is obligated to acquire the skills and knowledge necessary to achieve the training objective. The most important obligation of the company is the obligation to provide training. It must ensure that the trainee is taught everything necessary to achieve the training objective during their vocational training. The training content that must be covered at a minimum in the respective occupation is specified in the training regulations. The trainee should be familiar with these regulations. They can obtain the training regulations from the company or from the Chamber of Industry and Commerce (IHK).
The trainee is not required to perform tasks unrelated to their training. They may only be assigned tasks that serve the purpose of the training and are appropriate to their physical capabilities. However, before labeling an assigned task as "unrelated to the training," it should be considered whether the task truly has nothing to do with the training occupation and the activities involved in that occupation.
Training materials provided free of charge
The trainee can request that the company provide them with training materials, especially tools and materials, free of charge. This applies to all training materials required for on-the-job training and taking exams, but not to work clothes and teaching materials for vocational school. The trainee or their parents must generally purchase the latter themselves, unless they are paid for by the school authority.
Comply with company rules
The trainee must handle tools, materials, machines, and other company equipment with care. This is also stipulated in the contract.
They must comply with the company's rules, such as safety and accident prevention regulations and smoking bans.
Company and trade secrets must not be disclosed.
Follow instructions
The trainee must carry out the tasks assigned to them as part of their vocational training diligently.
They must follow the instructions given by the supervisor, the trainer, or other authorized personnel.
Participate in all training activities
The trainee must participate in the following training activities:
Vocational school classes
Examinations
Training activities outside the training establishment
The company must release the trainee for participation. The company must ensure the trainee attends vocational school.
Maintain written training records
Written training records must be properly maintained and regularly submitted to the trainer; otherwise, admission to the final examination is at risk. The trainer must review the written training records and ensure the trainee maintains them.
Entitlement to Remuneration, Vacation, and Certificate
The trainee receives:
appropriate remuneration
paid vacation
a certificate upon completion of the apprenticeship
Notify the company in case of absence
If the trainee:
is absent from on-the-job training
vocational school classes or
other training events
they must notify the training company immediately and state the reasons for the absence.
In case of illness or accident, the trainee must submit a medical certificate to the company no later than the third day. The employer may also request the submission of the medical certificate earlier.
Facilitating vocational school attendance
The employer must enable the trainee to attend vocational school. The trainee may not be employed during the time required to attend vocational school classes and examinations.
Trainees under 18 years of age:
The Youth Employment Protection Act stipulates that trainees under 18 years of age who are required to attend vocational school may not be employed at the company in the following cases:
before vocational school classes that begin before 9:00 a.m.
on a vocational school day with more than five lessons of at least 45 minutes each, once a week
during a vocational school week, if the block instruction, according to the schedule, comprises at least 25 hours on at least five days; additional in-company training events are permitted for up to two hours per week.
Trainees over 18 years of age must also be released from work for the duration of their vocational school classes. They may not be employed before vocational school classes that begin before 9:00 a.m.
Treatment of School Time
Trainees under 18 years of age: School time, including breaks, is credited towards the training time. There are two exceptions to this principle:
A vocational school day with more than five lessons of at least 45 minutes each (once a week) is credited as eight hours towards the maximum permissible statutory working time per week (currently 40 hours), not towards a collectively agreed reduced working time.
In the case of block release courses, vocational school weeks are credited as 40 hours towards the training period if the schedule includes at least 25 hours of instruction on at least five days.
Trainees over 18 years of age:
There is no statutory provision for crediting vocational school time.
However, the time spent in vocational school, including breaks and travel time between the company and the school, may not be made up at the company.
If the scheduling of vocational school lessons results in more time being spent on training than the usual daily working time, this must be accepted.
Training allowance contractually regulated:
Every trainee is entitled to appropriate remuneration. This must increase at least annually as the vocational training progresses. The amount of the training allowance is stipulated in the training contract. In many cases, the rates negotiated by employers' associations and trade unions in a collective bargaining agreement apply.
If the employer provides the trainee with meals or accommodation, the value of these benefits can be credited towards the training allowance.
Allowance to be paid even during time off
The employer must pay the trainee for time off to attend vocational school, examinations, and training activities outside the training establishment. If the training is canceled, e.g., due to a technical malfunction or other reason, the allowance will continue to be paid for up to six weeks.
The same applies if the trainee is unable to participate in the training for any other reason beyond their control.
If the trainee is ill through no fault of their own and therefore unable to participate in the training, the allowance will continue to be paid.
Entitlement to vacation
Trainees are entitled to paid vacation. The statutory minimum vacation entitlement is:
stipulated for young people in the Youth Employment Protection Act and
for adults in the Federal Vacation Act.
For young people, the duration of vacation is staggered according to age. It amounts to:
at least 30 working days per year if the young person is under 16 years old at the beginning of the calendar year;
at least 27 working days if the young person is under 17 years old at the beginning of the calendar year;
at least 25 working days if the young person is under 18 years old at the beginning of the calendar year.
Young people are entitled to vacation according to the Youth Employment Protection Act for the calendar year in which they turn 18. Those who are 18 years old at the beginning of the calendar year are entitled to adult vacation. Adult vacation amounts to at least 24 working days per year.
For vocational school students, vacation should be scheduled during the vocational school holidays. If they are granted vacation outside of the vocational school holidays and have not been excused from vocational school attendance by the school, they must attend vocational school even during their vacation. The employer must grant the trainee an additional vacation day for each day they attend vocational school during their vacation.
Partial vacation possible
Vacation is granted in every calendar year. Young people and adults first accrue their full vacation entitlement after six months of training. If this waiting period cannot be fulfilled, for example, if the apprenticeship ends during the probationary period, partial vacation is granted: one-twelfth of the annual vacation entitlement for each full month of training.
Employer determines timing
The employer determines the vacation timing. The trainee may not request leave without authorization. However, the employer must consider the trainee's wishes. Vacation must generally be granted and taken within the current calendar year. Vacation time may not be accumulated and must generally be taken in one continuous block. Splitting vacation time is only permitted in cases of urgent operational reasons or reasons related to the trainee's personal circumstances. If the trainee is entitled to more than 12 working days of vacation, one of the vacation periods must comprise at least 12 consecutive working days.
Secondary employment prohibited
Trainees are not permitted to engage in any gainful employment during their vacation that contradicts the purpose of the vacation. If the employer pays the trainee during their vacation, the trainee is expected to rest and not work elsewhere.
Examinations by the Chamber of Industry and Commerce (IHK)
The Vocational Training Act recognizes two types of examinations:
Intermediate examinations
Final examinations
The final examination can also be divided into two parts (so-called "extended final examination"). In this case, the intermediate examination is omitted. The examinations are conducted by the Chamber of Industry and Commerce (IHK). Its examination boards administer the examinations.
Intermediate examination as a test run
The intermediate examination is a test run. Its purpose is to determine the trainee's level of training so that any gaps can be addressed in time for the final examination. Therefore, it is in the trainee's own best interest to participate in the intermediate examination. Those who do not participate cannot be admitted to the final examination.
Final examination demonstrates qualification
The final examination is the real test. The purpose of the final examination is to demonstrate that the trainee has acquired the overall qualification for their chosen profession by the end of their apprenticeship. The examination boards must determine whether the candidate has mastered the
required skills, possesses the necessary practical and theoretical knowledge, and is familiar with the essential subject matter taught in vocational school.
Trainees who have achieved above-average results in school and on the job may be admitted to the final examination at an earlier date than stipulated in their contract. The trainee can also apply for this early admission themselves at the Chamber of Industry and Commerce (IHK).
Extended Final Examination
For some professions, the final examination is extended. It consists of Part 1 and Part 2. The previous intermediate examination becomes Part 1 of the final examination.
For those who pass the final examination, the apprenticeship is complete. The IHK issues a certificate to the trainee confirming the examination result.
Those who fail their final exam on the first attempt shouldn't despair, as they can retake it twice.
Trainees who fail their final exam can request that their employer continue their training until the next possible retake, but for no longer than one year.
End of Apprenticeship
Trainees and employers can agree to terminate the apprenticeship at any time. For minors, the legal guardian must consent to the agreement.
Termination
During the probationary period, both the trainee and the employer can terminate the apprenticeship at any time in writing. No reasons need to be given.
After the probationary period, both the trainee and the employer can only terminate the apprenticeship for good cause, i.e., if it is unreasonable for one party to continue the apprenticeship.
What constitutes good cause must be determined on a case-by-case basis. The reasons must be stated.
Termination Trainees have an additional termination option if they wish to discontinue their vocational training or pursue training in a different profession: In this case, the apprenticeship can be terminated with four weeks' notice.
The termination must be in writing and include the reasons for the termination. Simply wanting to change training companies is not a valid reason for termination.
Those who are not yet of legal age can only terminate their apprenticeship with the consent of their legal guardian. If a minor is being terminated, the notice must be given to their legal guardian.
Passing the final examination
The apprenticeship ends when the trainee passes the final examination. In practice, this is the most common reason for the end of an apprenticeship.
Expiration of the training period
Unless the apprenticeship has been terminated by passing the final examination, by contract, or by giving notice, it ends upon the expiration of the training period stipulated in the contract.
Discussing continued employment
The Vocational Training Act prohibits any agreement that binds the trainee to the company for the period after the end of the apprenticeship (obligation to remain). Within the last six months of vocational training, the trainee and the company can agree that the trainee will be offered employment after the training. In most cases, the trainee and the company will discuss the next steps towards the end of the training. There is no legal entitlement to continued employment.
If the trainee is employed by the company after the training without an explicit agreement to that effect, an employment relationship of indefinite duration is established.
Issuing a Certificate
Upon completion of the vocational training, the trainee must be issued a certificate. The certificate must include information about the type, duration, and objective of the vocational training, as well as the trainee's acquired professional skills, knowledge, and abilities (simple certificate). The trainee can also request that the certificate include information about their conduct and performance (qualified certificate).
Advice and assistance from the Chamber of Industry and Commerce (IHK)
Contact the conciliation committee
In disputes arising from an existing vocational training contract, the labor court may only be contacted after a hearing has been held before the IHK conciliation committee, if one exists. This also applies if the contract has been terminated. Therefore, if conflicts cannot be resolved internally, trainees should not immediately go to the labor court, but should first contact the conciliation committee.
Training advisors can help
If you have any questions, contact the training advisors at the Chamber of Industry and Commerce. They provide free advice to trainees and trainers. In this way, the IHK promotes vocational training, the implementation of which it also monitors.