Education: rights, obligations, training certificate

Good planning is important

The course for the later career choice should be set as early as possible. What are your special inclinations and interests? Which subjects are most fun at school? You learn the things you are interested in faster, easier and better. This is always a good prerequisite for a successful training.
Depending on the type of school, internships can help to get a first impression of different professions. During the last two school years, pupils at grammar schools should work for two to three weeks in companies that are of interest to them.

Whichever training you ultimately choose - a qualified training is always important. If, after completing your school education, you do not know at all what profession you would like to take up later, a year abroad, combined with a language course, can be useful. Addresses of organizations that arrange stays abroad can be found at the end of the book.

What should be regulated in the training contract

There are no special formal requirements for concluding a vocational training contract. This means that the contract can initially only be concluded orally. However, the trainer is obliged to record the essential content of the training contract in writing before the training begins. At least the following points must be included in the contract:

• The type, the factual and temporal structure as well as the aim of the vocational training; in particular the occupation for which training is to be given

• Start and duration of vocational training

• Training measures outside the training facility

• Duration of regular daily training time

• Duration of the trial period

• Payment and amount of remuneration

• Length of vacation

• The conditions under which the vocational training contract can be terminated

• A general reference to the collective bargaining agreements, company or service agreements that are to be applied to the apprenticeship relationship.

The training contract is to be signed by the trainer, the trainee and - if they are a minor - also by their legal representative.

When determining the duration of the training, any credit periods (e.g. due to school training or a year of basic vocational training) must be taken into account.
The trial period can be between one and three months. If the apprenticeship relationship is changed, a new probationary period must be agreed. Before and during the probationary period, both sides are entitled to terminate the apprenticeship relationship in writing without any justification and without observing a notice period.

The length of the vacation must be determined separately for each year. The statutory minimum annual leave for young people is:

• At least 30 working days for 15 year olds
• At least 27 working days for 16 year olds
• At least 25 working days for 17 year olds

The training allowance must also be precisely quantified for each year. In addition, the remuneration must be reasonable. The parties to the collective bargaining agreement can determine the amount of the training allowance. If the trainee is not bound by collective bargaining agreements, he or she may pay up to 10 percent less than what is stipulated for the collective wage. Are there creditable times, e.g. B. by attending a technical school, the trainee receives the remuneration for the second year of training right at the beginning of the training. If trainees receive monthly benefits in kind, these must be shown separately.

For young people, the daily working time is generally a maximum of eight hours (without breaks). The weekly working time must not exceed 40 hours. However, different working hours can be agreed in collective agreements. The working time may then be a maximum of nine hours a day and 44 hours a week. Within two months, however, the average working time of 40 hours per week must be ensured through the corresponding number of days off.

Since the five-day week generally applies to young people (S 15 JArbSchG), work on Saturdays and Sundays is prohibited. Exceptions only apply in special economic sectors (restaurants, hospitals, etc.).
As a rule, working hours for young people must not start before 6 a.m. and not end after 8 p.m. Exceptions are only permitted for shift work and in the catering trade, where young people over the age of 16 are allowed to work until 10 p.m.

After work, the young people must have at least 12 hours of uninterrupted free time.

If they work more than 4.5 hours, young people are entitled to one or more pre-determined breaks totaling at least 30 minutes.

Overtime must be remunerated appropriately. Time off must be granted for permitted work on Sundays and public holidays.

In principle, no contractual penalties may be agreed with trainees. Regulations according to which apprenticeship fees are to be paid to the trainee for vocational training are also void.

Any claims for damages by trainees may not be restricted, excluded or only set at a flat rate. A claim for damages can arise, for example, if the trainer has culpably violated his training obligation.
If the trainer prescribes special work clothing, he must provide this at his own expense. This should also be specified in the training contract.

Rights and duties of trainees

The rights of trainees are primarily regulated in the Vocational Training Act (BBiG). Of course, general labor law also applies.
The aim of every vocational training should be to impart a comprehensive basic education as well as the necessary technical skills and knowledge for the exercise of a qualified professional activity in the sense of the respective professional profile.

The factual and temporal structure of the training is laid down in a special training plan. This must be given to you together with the vocational training contract. During the apprenticeship, you may only be assigned work that belongs to the respective job description. Therefore, you should definitely familiarize yourself with your training plan.

During your apprenticeship, you are fundamentally obliged to take part in vocational school lessons. If you have more than five lessons of at least 45 minutes on a vocational school day, your boss must give you the rest of the day. However, this rule only applies once a week.

Wenn Sie in der Berufsschule Blockunterricht haben und die Unterrichtszeit an mindestens fünf Tagen mehr als 25 Stunden beträgt, müssen Sie im business ebenfalls von der Arbeit freigestellt werden. Dasselbe gilt, wenn der Berufsschulunterricht vor neun Uhr beginnt und Sie deshalb nur ganz kurz (ca. eine halbe Stunde) an Ihrem Ausbildungsplatz anwesend sein könnten.
It is forbidden to entrust young people with dangerous work or activities that could overwhelm their strength or endanger them morally.

Likewise, piecework or assembly line work at the prescribed work pace is generally not permitted. Something else only applies if this is necessary for the training objective or if young people have completed vocational training for such an activity and are working under expert supervision.

Für Jugendliche gilt ein absolutes Züchtigungsverbot (was eigentlich selbstverständlich sein sollte). Außerdem dürfen am Arbeitsplatz weder Tabak noch alkoholische Getränke an sie abgegeben werden. Verstößt ein Ausbildender gegen das Youth Labor Protection Act, kann er mit einer Geldbuße bis zu 20 000 DM belegt werden. Wird durch einen derartigen Verstoß ein Jugendlicher in seiner Gesundheit gefährdet, droht sogar eine Freiheitsstrafe bis zu einem Jahr.

If you are sick, have been released from work because of the vocational school or are absent for other reasons through no fault of your own, the trainer is obliged to continue paying your training allowance for up to six weeks. Payment is due on the last working day of each month.
Can your training only be carried out abroad for certain reasons, e.g. B. in the head office or in a branch, you do not have to bear the costs for accommodation and meals yourself. If necessary, the travel costs will be covered by the employment office.

For vocational school block lessons with external accommodation, some federal states grant a cost subsidy. The employment offices can provide information on this. As a rule, however, the companies voluntarily assume at least part of these costs. In contrast, the travel costs to the vocational school are usually only paid by the companies if this has been contractually agreed.

The trainer is obliged to register you for the scheduled intermediate and final exams in good time and to release you for participation - as for vocational school lessons.

If you fail the final exam, you can ask your trainee to extend the training contract until the next exam, but for a maximum of one year. If the final exam is passed, the apprenticeship relationship ends at the same time. Subsequently, the trainer is not obliged to conclude an employment contract with you.

However, if he continues to employ you at the end of your training, an employment relationship will be established for an indefinite period even without an official employment contract.

When can the apprenticeship be terminated?

After the probationary period, the apprenticeship contract may only be terminated without notice by both contracting parties for an important reason. If the trainee z. If, for example, you want to give up vocational training or want to be trained for another profession, he can properly terminate the apprenticeship with a four-week notice period. Minors require the consent of their legal representative for this.

The apprenticeship relationship must always be terminated in writing. In the event of termination for an important reason or by the trainee himself, the termination must be justified. In contrast, a justification is not required during the probationary period. If you are not sure whether a dismissal is lawful (protection against dismissal), you should definitely seek advice from your trade union or a lawyer.

The training certificate

If your apprenticeship relationship has ended, you are entitled to a certificate that contains information on the type, duration and time of the vocational training as well as the skills and knowledge acquired. You can also request that the certificate include information about your achievements, your leadership and special abilities.

Education - important judgments

Written form of the training contract
Even if the written form of § 4 Paragraph 1 Clause 1 BBiG is not adhered to in a vocational training contract, the contract is not formally invalid. The EC Directive of October 18, 1991 on the employer's obligation to inform the employee about the provisions applicable to his employment contract or employment relationship (Directive 91/533-EEC) has not changed anything.
BAG, 21 B. 1997 - AZ: 5 AZR 713/96

Continued employment after missing the final exam
If a trainee cannot take his final exam due to illness, he must first be kept on. The Federal Labor Court ruled in a case in which the trainee was ill at the time of the examination and was only able to successfully complete his training six months later.
BAG, September 30, 1998 - AZ: 5 AZR 58/98

Takeover in permanent employment
If a trainee who belongs to a youth and training council of the company requests further employment in writing from his trainee within the last three months before the end of his training, then pursuant to Section 78a (2) of the Works Constitution Act between the trainee and the employer following Apprenticeship relationship an employment relationship for an indefinite period as well-founded.

However, no later than two weeks after the end of the apprenticeship, the employer can apply to the labor court to determine that an employment relationship cannot be established because the company cannot be expected to continue to work.
BAG, November 12, 1997 - AZ: 7 AZR 73/96

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