Vocational Training Act

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Basic data
Title: Vocational Training Act
Abbreviation: BAG
Type: Federal law
Scope: Republic of Austria
Legal matter: Employment Law
Reference: Federal Law Gazette No. 142/1969
Date of law: March 26, 1969
Last change: BGBl. I No. 18/2020
Please note the note on the applicable legal version !

The Austrian Vocational Training Act ( BAG ) regulates the operational part of apprenticeship training . It contains the basic legal provisions that have been issued for vocational training in teaching.

Apprentice, authorized instructors, trainers

Apprentices are those of a teaching contract for learning a given in the teaching profession list due to the teaching profession be formed by an instructor professionally and used in this training. The instructor within the meaning of this federal law is a natural person or a legal person , as well as partnerships under commercial law . If the authorized instructor is the owner of a trade , proof of qualification for training apprentices must be presented. The authorized instructor has the option of entrusting a trainer with the training of apprentices, provided that he meets the requirements for apprenticeship training and works accordingly in the training company. If apprentices are being trained in a particular occupation for the first time in a company, the apprenticeship office must determine whether the requirements for this occupation are met.

Apprenticeships

Apprenticeship trades are those activities that comply with all or individual parts of the provisions of the trade regulations , as well as are suitable to form the subject of a profession in economic life and whose proper learning requires at least two years. As a rule, the duration of the apprenticeship is three years and may only be set in full or half years within a period of two to a maximum of four years. The degree of difficulty of the training, the skills and knowledge to be learned, and the demands made by the practice are decisive for determining the duration of the apprenticeship period. If two apprenticeships are practiced at the same time, the duration of the total apprenticeship period is half of the total duration of the two fixed apprenticeship periods, plus one year. However, the entire apprenticeship period may not exceed four years. If related apprenticeships are learned, the duration is mutually offset.

Training regulations

The Federal Ministry of Economics, Family and Youth has defined training regulations for each apprenticeship occupation, which occupational profiles must contain. These job profiles are defined according to the work peculiar to the apprenticeship and the auxiliary services required to carry out this activity and are structured according to the years of apprenticeship. The training regulations may contain additional focuses for certain apprenticeships.

A modular apprenticeship consists of a basic module, a main module and at least one special module. Here the basic module has to contain the skills and knowledge that correspond to the activities and work peculiar to the teaching profession. To ensure that apprentices are properly trained, the following ratios must be observed:

  • A professionally trained person for two apprentices and
  • one further apprentice for every further person with relevant training.

Furthermore, for every five apprentices, there must be at least one trainer who is not exclusively entrusted with training tasks and for every 15 apprentices there must be at least one trainer who is exclusively entrusted with training tasks.

Integrative vocational training

In order to improve the integration of disadvantaged people with personal placement impediments, there is the possibility of agreeing a longer period of apprenticeship in the apprenticeship contract at the beginning or during the course of the apprenticeship. However, the apprenticeship period can be extended by a maximum of one year, in exceptional cases by up to two years. A partial qualification can be specified in the training contract for people with personal placement obstacles. For this form of training, people can be considered who the Public Employment Service was unable to place in an apprenticeship position as an apprentice and to whom one of the following requirements applies:

  • People who had special educational needs at the end of compulsory school and were at least partially taught according to the curriculum of a special school, or
  • without a secondary school certificate or with a negative secondary school certificate, or
  • People who, as part of a career orientation measure or due to an unsuccessful placement in an apprenticeship, must be assumed that no apprenticeship position can be found for them in the foreseeable future for reasons solely related to the person.

As part of an integrative vocational training, the training relationship must be accompanied and supported by the vocational training assistant.

Obligations of the authorized instructor

  • The authorized instructor must ensure the training of the apprentice and instruct him himself, taking into account the training regulations of the apprenticeship, or have him instructed by suitable persons.
  • The authorized instructor must only use the apprentice for activities that are compatible with the nature of the training and the apprentice may not be assigned any tasks that exceed his / her strength.
  • The authorized instructor has to instruct the apprentice to properly fulfill his tasks and to behave responsibly.
  • The authorized teacher must inform the parents or other legal guardians of the apprentice of important incidents that affect the training of the underage apprentice.
  • The authorized instructor has to give the apprentice who is obliged to attend the vocational school the time required to attend school and to encourage him to attend school regularly and to give him the time required to take the final apprenticeship examination and the partial examinations provided for in the training regulations.

Duties of the apprentice

  • The apprentice must endeavor to acquire the skills and knowledge required to learn the apprenticeship and to properly perform the tasks assigned to him as part of the training.
  • The apprentice has the duty to keep business and company secrets and to handle the materials, tools and devices entrusted to him with care.
  • In the event of illness or other hindrance, the apprentice must inform the authorized instructor or the trainer without delay or have them notified.
  • The apprentice must present the certificate from the vocational school to the authorized instructor immediately upon receipt.

The teaching relationship

The apprenticeship relationship is established by the apprentice's entry into technical training and employment.

The apprenticeship contract

The apprenticeship contract is concluded in writing between the authorized instructor and the apprentice, taking into account the purpose of the training in one of the apprenticeships listed in the apprenticeship list. If the apprentice is still a minor, the consent of the apprentice's legal representative is required. In addition, the apprentice must be informed about duties and laws.

Early termination of the teaching relationship

Both the authorized instructor and the apprentice can unilaterally terminate the apprenticeship relationship at any time during the first three months. In addition, early termination of the apprenticeship must be mutually agreed. If the apprentice commits theft, violates compulsory schooling despite repeated warnings, reveals business or company secrets, leaves his apprenticeship position without authorization or if the apprentice is unable to continue learning the apprenticeship, the authorized teacher has the right to terminate the apprenticeship early. If the apprentice cannot continue the apprenticeship without harm to his health or if the authorized instructor grossly violates his duties, the apprentice also has the right to terminate the apprenticeship prematurely.

Apprentice allowance

The amount of the apprenticeship remuneration is regulated by the collective legal structure. Otherwise, the amount is based on the agreement in the apprenticeship contract. In any case, the apprentice compensation applicable to the same, related or similar apprenticeships is due here. The apprenticeship remuneration is also to be paid for the duration of the vocational school and the final apprenticeship examination. If the apprentice is prevented by illness, the authorized instructor must grant the full apprentice compensation for up to four weeks and the difference between the full apprentice compensation and the sick pay for a further two weeks.

Teaching 2010

The aim of the BAG amendment is, among other things, to introduce a series of model occupations and to significantly reduce the number of basic occupations. This is intended to increase the clarity significantly. Further modular apprenticeships could be created if the industry is willing to do so. The definition of interdisciplinary special modules would have the advantage that these could be attended from numerous main modules. In the case of apprenticeships for which the definition of special modules does not seem sensible, the conversion into specialized apprenticeships would be worth considering. There are currently a number of apprenticeships in which no apprentices have been trained for years. By dissolving these apprenticeships, the clarity of the apprenticeship landscape could be increased.

Benefits for teenagers

  • More flexible design of the training through improved and increased combination options due to the modularized structure;
  • easier recognition of qualifications already acquired;
  • Improvement of the clarity of the apprenticeship offer by reducing the number of currently existing apprenticeships.

Benefits for the economy

  • better opportunities to create specialized apprenticeships after broad basic training;
  • More flexible design of the training through improved and increased combination options due to the modularized structure;
  • Enabling training for a larger number of companies;
  • improved adaptation of training to industry needs.

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