Final examination (vocational training)

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After § 37 Vocational Training Act (Vocational Training Act) and § 31 Handwerksordnung (HwO) are in German vocational training system in the recognized professions final exams ( education audit , skilled worker examination or simply audit ) or journeyman perform. They are carried out by various professional chambers .

registration

Registration is usually carried out by the training company that registers the trainees at the local professional association for an examination date.

exam

The test is carried out by the local professional chambers. The exams are drawn up by a state, nationwide central examination commission and sent to the regional chambers.

In the dual training occupations, a practical exam takes place after the written exam. This is also accepted in the company by the examination board.

Grades for written and practical exams are listed on the certificate.

Examination subject

According to § 38 BBiG, the aim of the final examination is to determine the candidate's professional ability to act. The candidate should therefore show that he has and can apply the skills necessary to solve technical problems.

Examination execution

The final examination is carried out according to § 39 BBiG according to the requirements of the training regulations and the examination regulations by the examination board of the responsible body.

Passed the exam

The vocational training relationship ends at the end of the training period ( Section 21 (1) BBiG). If the trainee passes the final examination before the end of the training period, the apprenticeship relationship ends when the final examination is passed ( Section 21 (2) BBiG). Particular attention should be paid to the end of the apprenticeship if a takeover is not intended. If he continues to be employed in the company after this point in time, an employment relationship for an indefinite period of time shall be deemed to have been agreed with him without any action or consultation ( Section 24 (1) BBiG). As a rule, both parties are free to enter into an employment relationship with the other. The general rules of labor law then apply to them ( Section 99 BetrVG ).

Failed exam

If the trainee was not successful in the final examination, the following situation arises: First, the apprenticeship relationship ends at the time agreed in the apprenticeship relationship. However, the trainee has the right to extend the vocational training relationship by unilateral declaration until the next repeat examination, but by a maximum of one year ( Section 21 (3) BBiG). At the request of the trainee, according to the case law of the Federal Labor Court, the apprenticeship relationship is extended until the next repeat examination, if it is not passed again until the second repeat examination, but not beyond a total of one year.

See also

Individual evidence

  1. ^ BAG judgment of March 15, 2000, Az. 5 AZR 622/98 .