Vocational Training Act (Germany)
|Title:||Vocational Training Act|
|Scope:||Federal Republic of Germany|
|Legal matter:||Labor law , vocational training law|
|Original version from:||August 14, 1969
( Federal Law Gazette I p. 1112 )
|Entry into force on:||1st September 1969|
|New announcement from:||May 4, 2020
( Federal Law Gazette I p. 920 )
|Last revision from:||March 23, 2005
( BGBl. I p. 931 )
|Entry into force of the
new version on:
|April 1, 2005|
|Last change by:||
Art. 1 G of December 12, 2019
( Federal Law Gazette I p. 2522 )
|Effective date of the
|January 1, 2020
(Art. 8 G of December 12, 2019)
|Please note the note on the applicable legal version.|
The Vocational Training Act ( BBiG ) regulates in-company vocational training ( dual system ), vocational training preparation , advanced training and vocational retraining in Germany ( Paragraph 1). The Vocational Training Act also determines the requirements for the vocational training relationship.
Legislative competence falls within the competing competence between the federal and state governments. In 1969, this law required approval from the federal government in accordance with Basic Law (printed in the final wording of the Vocational Training Act).
On April 1, 2005, the Vocational Training Act was fundamentally amended .
Goals and terms of vocational training
Vocational training preparation within the meaning of the Vocational Training Act aims to introduce vocational training in a recognized training occupation by imparting the basics for acquiring professional skills. The Vocational Training Act defines the professional ability to act as skills, knowledge and abilities that are necessary for the exercise of a qualified professional activity. The professional training should build on the professional training to maintain and adapt or expand the professional ability to act. In addition, the vocational retraining should enable them to pursue another professional activity. Parts of the vocational training can be carried out abroad. The Vocational Training Act provides for a quarter of the training duration specified in the training regulations. However, this is a target provision that can be deviated from in justified exceptions.
Vocational training relationship
The vocational training relationship is an obligation (contract); it comes about through two declarations of intent with the same content if the contract ( vocational training contract ) is about vocational training ( (1) BBiG). In the absence of any deviations, the regulations and legal principles of the employment contract must be applied to the vocational training contract . Parents who establish a vocational training relationship with their legally incapable child are exempt from the prohibition of self-dealing . A vocational training contract remains effective even if the training provider was not entitled to hire trainees or is not entitled to vocational training. The content of the vocational training contract must be set down in writing and handed over to the trainee at the latest before the start of the vocational training. It should be noted that the vocational training contract does not need to be in writing; Orally concluded vocational training contracts are also legally effective. The clause of the non-competition clause , according to which the trainee z. B. not allowed to work for competing companies after the final examination is void. Agreements on contractual penalties , compensation, the limitation of claims for damages and the setting of lump sums for claims for damages are also void .
Vocational training places of learning
The Vocational Training Act finally names three types of learning locations. In-company vocational training is carried out in private companies, the public service and members of the liberal professions . Furthermore in vocational schools and external vocational training institutions. The three learning locations work together.
Exceptions to the regulations
- Nursing Professions Act , formerly Geriatric and Nursing Act (see below)
- Only Sections 1 to 3, 10 to 26, 50 to 52, 71 to 75 and 81 to 101 BBiG apply to vocational training in trades covered by the Crafts Code.
- Health sector: The Vocational Training Act does not apply to vocational training as health and nursing staff and health and nursing assistants ; only the Nursing Act (KrPflG) is relevant for this (cf. § 22 KrPflG). The BBiG also does not apply to training as an emergency paramedic (see § 29 Emergency Paramedic Act (NotSanG)), geriatric nurses (see § 28 Elderly Care Act (AltPflG)), physiotherapists (see Masseur- und Physiotherapistsgesetz (MPhG)) and midwives or midwives. to the obstetrician (see Midwifery Act (HebG) ).
- Shipping: The Vocational Training Act does not apply to vocational training on merchant ships which, according to the Flag Law Act, carry the federal flag, unless they are small deep-sea or coastal fishing vessels.
- The Vocational Training Act does not apply to vocational training that is carried out in vocational or comparable courses of study at universities on the basis of the University Framework Act and the higher education laws of the federal states and not for vocational training in a public service relationship.
- Martina Benecke, Carmen Silvia Hergenröder: BBiG. Comment . 1st edition. Verlag CH Beck, Munich 2009, ISBN 978-3-406-58937-9 .
- Thomas Lakies, Annette Malottke: BBiG - Vocational Training Act. Commentary for practice . 4th, revised edition. Bund-Verlag, Frankfurt am Main 2011, ISBN 978-3-7663-6014-4 .
- Thomas Lakies, Hermann Nehls: Vocational Training Act. Basic commentary on the BBiG . 2nd, revised edition. Bund-Verlag, Frankfurt am Main 2009, ISBN 978-3-7663-3922-5 .
- Text of the Vocational Training Act
- Brochure from the Federal Ministry of Education and Research on rights and obligations during vocational training (PDF; 1015 kB)
- § 1 Paragraph 2 BBiG. Federal Law Gazette, accessed on September 28, 2018 .
- Section 1, Paragraph 4 of the Vocational Training Act. Federal Law Gazette, accessed on September 28, 2018 .
- Section 1 (5) BBiG. Federal Law Gazette, accessed on September 28, 2018 .
- Section 10 (4) BBiG. Federal Law Gazette, accessed on September 28, 2018 .
- § 12 BBiG. Federal Law Gazette, accessed on September 28, 2018 .
- § 2 BBiG. Federal Law Gazette, accessed on September 28, 2018 .