Vocational training contract

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The vocational training contract in Germany is a contract between a trainee (formerly: apprentice) and a trainee ( training company ) in a recognized training occupation . A vocational training relationship comes about through the vocational training contract. Instead, an apprenticeship contract is concluded in Austria and Switzerland . The vocational training contract is regulated in Section 10 of the Vocational Training Act (BBiG) , in which the legislator prescribes the minimum information. The BBiG does not apply to vocational training as a health and nurse , health and nursing assistant and geriatric nurse . For this purpose, the own federal health care law (KrPflG) and geriatric care law (AltPflG) are responsible.

In the case of underage trainees, the legal guardians must agree. The contract is a prerequisite for in-company vocational training and can initially be concluded orally, but must then be concluded in writing by the start of the training at the latest. The electronic form is excluded.

Part of the vocational training contract is the training regulations for the respective profession.

Requirements according to the BBiG

Content of the vocational training contract

The minimum content of the minutes of the vocational training contract is bindingly stipulated in § 11 BBiG:

  • Names and addresses of the contractual partners
  • Goal of the training, as well as the factual and temporal structure of the training
  • Start and duration of training
  • Duration of the probationary period (at least one month and a maximum of four months in accordance with Section 20 BBiG)
  • Place of training
  • Training measures outside the company
  • Payment and amount of the training allowance
  • Duration of regular working hours
  • Length of vacation
  • Conditions under which the contract can be terminated
  • other agreements
  • Signatures of all contractual partners

Duties

With the conclusion of the training contract, the contracting parties assume obligations.

Obligations of the trainer (subsection 3. §14f.f. BBIG)

Have trainers

  1. to ensure that the trainee is imparted the skills and knowledge that are required to achieve the training objective,
  2. to provide the trainee with the training material, especially tools and materials, free of charge,
  3. to encourage the trainees to attend vocational school and to keep report books,
  4. to ensure that the trainee is encouraged in character and not endangered morally or physically,
  5. to ensure that the trainee is only assigned tasks that serve the purpose of the training,
  6. to release the trainees for participation in vocational school lessons and exams,
  7. issue a certificate to the trainee upon termination of the vocational training relationship,
  8. to grant the trainees adequate remuneration,
  9. grant due vacation,
  10. to ensure that the trainee can adhere to his legal breaks and working hours.

Obligations of the trainees (subsection 2. §13 BBIG)

Have trainees

  1. to acquire the skills and knowledge that are required to achieve the training objective,
  2. to handle the tools left to him with care,
  3. to attend vocational school regularly,
  4. to comply with company regulations,
  5. the instructions of the trainers or the instructor to be followed and
  6. to take part in the medical examinations according to the Youth Labor Protection Act,
  7. to keep a record book,
  8. to participate in measures for which he is exempted according to § 15 BBiG,
  9. to maintain secrecy about company and business secrets,
  10. Recovery obligation,
  11. Non-competition clause.