Takeover after training
If, after successfully completing their training, trainees are continued to be employed by the training company in the profession they have learned on the basis of an employment contract , this is referred to as being taken on after the training . Acceptance into an employment relationship can be for a limited or unlimited period.
meaning
For trainees, taking on the job is a crucial step in their career. You need to gain work experience, qualify and establish yourself professionally.
The takeover is currently the “second threshold” when entering the labor market . The seamless start of a career in your own company is now more the exception, not the norm, in most industries. For almost half of the apprentices in a given year, employment ends with the end of their training. According to the DGB , at the end of the 2009 apprenticeship year, just over a third of those who completed their apprenticeships had a firm commitment to take on, which is increasingly limited in time. A total of 1.5 million young people followed their training in 2009.
Young employees lose their jobs more quickly because they can be terminated more easily due to fixed-term employment contracts.
Takeover increases the chances of a successful entry into professional life enormously. Unemployment , fixed-term contracts and employment in low-wage jobs outside of training, on the other hand, make it more difficult for young people to gain work experience. A lack of practice over a longer period of time can mean the gradual loss of skills learned. A lack of opportunities for further training leads to a "suspended" group of low-skilled employees.
Legal background
The law does not regulate taking over after the training. It is at the employer's discretion whether and how many trainees are taken on. However, within the framework of collective agreements between employers and trade unions, binding regulations for taking on trainees can be made.
A special case is the youth and trainee representation : The Works Constitution Act (BetrVG) prescribes special protection for works constitutional bodies (company interest groups). Therefore, according to § 78a BetrVG, companies are obliged to take on members of the youth and trainee representatives and the works council after successful completion of the training. In the public service , the federal and state staff representation laws contain analogous regulations for members of the staff council and the youth and trainee representatives there (e.g. Section 9 BPersVG).
Collective agreements
Collective agreements can regulate takeover after training. Two collective agreements from IG Metall and the employers' associations in the metal and electrical industry in North Rhine-Westphalia from spring 2010 are exemplary .
"Future in Work" collective agreement
This collective agreement is intended to secure the takeover in a special way. If the takeover is endangered for operational reasons or in the case of “training beyond demand”, the employer and works council will examine all existing options, for example postponing the takeover. In this case, those affected first do their military service or do a voluntary social or ecological year. Alternatives to not taking on should also be considered, such as taking on short-time work or part-time.
Collective agreement "Future in Education"
The collective agreement is intended to increase the trainees' chances of further training during or after their training. It is based on the concept of part-time training. According to this, trainees who work for two years with two thirds of the salary can complete further training in the third year for which they are paid leave. Afterwards, they are guaranteed another year of employment in the company with full earnings.
Collective agreement for trainees in the public service (TVAöD)
In the public service , a collective agreement for trainees was concluded in 2005, which in Section 16a also contains a conditional takeover obligation on the part of the public employer (federal government and municipalities; comparable regulations exist for the state administrations). According to this, the employer has to take on people who finish their training with at least the final grade "satisfactory" for one year, unless the training relationship was justified beyond the need.
Sociopolitical initiatives: "Operation takeover"
IG Metall Jugend works on the topic of takeover after training. Their nationwide campaign “Operation Takeover” has been running since the beginning of 2009. It is aimed at trainees, vocational school students and young professionals from all sectors of IG Metall, as well as students in corresponding fields of study and young people between 16 and 27 years of age in unsafe professional situations.
This campaign took place irrespective of the fact that in the metal and electrical industry there is already a collective agreement entitlement to takeover for one year and after the end of this year 75 percent of all those who have trained in the industry have a permanent contract.
Individual evidence
- ↑ DGB Youth Training Report 2009 (PDF; 585 kB)
- ↑ Without perspective, Frankfurter Rundschau of December 13, 2009 ( Memento of December 22, 2015 in the Internet Archive )
- ↑ Young and Without Chances, Süddeutsche Zeitung, December 15, 2009
- ↑ Unsolved problems despite relaxation: Study by the Institute for Employment Research (IAB) (from May 12, 2009; PDF; 1.1 MB)
- ↑ Collective agreement "Future in Work" is, Metallnachrichten des Bezirks NRW from February 19, 2010 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Use saved working time for further training, news archive : June 2nd, 2010 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Results of training survey, press conference Gesamtmetall October 17, 2011
