Obligation to Pay Reasonable Compensation
According to § 17 BBiG, training companies have a legal obligation to pay apprentices reasonable compensation. This obligation applies from the first day of vocational training until the successful completion or termination of the training relationship. The compensation ensures that apprentices receive financial support throughout the entire training period. Inappropriately low compensation can be challenged by the responsible chambers.
Appropriateness of Compensation
The appropriateness of compensation is assessed based on industry standards and collective agreements. In the absence of a collective agreement, compensation must not be more than 20% below the collective compensation for comparable professions in the region. To prevent wage dumping, a statutory minimum vocational training compensation (Mindestausbildungsvergütung) has also been introduced. This serves as a lower limit for all non-collectively bound companies and is adjusted annually.
Annual Increase of Compensation
Another important legal regulation is the obligation to annually increase compensation during the training period. This means that compensation in the second and third years of vocational training must be higher than in the first year. The increase reflects the growing level of training and the increasing responsibilities of the apprentice within the company. The exact amount of the increase is determined by the provisions of the collective agreement or the terms of the training contract.
Timing and Modalities of Payment
According to § 18 BBiG, compensation must be paid no later than the last working day of the month. The exact timing of payment and the method of payment (e.g., bank transfer) are specified in the training contract. Late or incomplete payments constitute a violation of legal regulations and can lead to labor law consequences.
Continued Payment of Compensation During Illness
If the apprentice is unable to work due to illness, § 19 BBiG grants the right to continued payment of compensation for up to six weeks. The prerequisite is that the inability to work is promptly reported to the company and that the apprentice did not cause the illness themselves. This regulation is intended to provide financial security to the apprentice during periods of illness.
Compensation During Vocational School Period
A central component of dual vocational training is attending vocational school. During vocational school periods, the apprentice is also entitled to full vocational training compensation (Ausbildungsvergütung). This applies regardless of whether the apprentice attends individual vocational school days or block lessons. Even if no work is performed in the company due to attendance at vocational school, the compensation must be paid in full.
Compensation in Case of Operational Disruptions
If operational disruptions occur in the company that hinder the training process (e.g., machine breakdown or economic problems), the right to compensation remains intact. The training company assumes the so-called business risk and is obliged to continue paying compensation even if the apprentice cannot be temporarily employed.
Special Regulations for Retraining and Part-Time Vocational Training
The same regulations generally apply to retraining as to regular vocational training relationships. Compensation must also be appropriate and documented in writing in the retraining contract. In part-time vocational training programs, conducted due to special circumstances (e.g., childcare), compensation is adjusted according to the reduced working hours.
Termination and Right to Compensation
In the event of termination, the right to compensation ends upon expiration of the notice period. If the training relationship is terminated prematurely, there is no entitlement to further payments unless the company voluntarily commits to additional remuneration. Summary termination (i.e., without notice) can also result in the immediate cessation of compensation.
Monitoring Compliance with Regulations
Compliance with the legal regulations on vocational training compensation is monitored by the responsible chambers (e.g., Chamber of Industry and Commerce, Chamber of Crafts). Apprentices who notice irregularities in the payment of their compensation can contact the chambers and receive support there. Violations of the legal requirements can lead to legal and financial consequences for the company.
Important Notes
The legal regulations on vocational training compensation protect the rights of apprentices and ensure that they receive appropriate financial support during their vocational training. Apprentices should regularly check their compensation and seek conversations with the training company in case of irregularities. In case of disputes, they can contact the chambers or the responsible offices of the Employment Agency.