Additional Agreements on Overtime
Additional agreements concerning overtime must clearly outline the circumstances under which overtime may be worked and how it will be compensated or balanced with time off. For minors, overtime is generally only permissible in emergencies. Adults in vocational training (Ausbildung) may only perform overtime if it does not interfere with the purpose of the training. The additional agreement should specify the maximum number of overtime hours allowed and whether these can only be authorized with prior approval from the trainer. Invalid additional agreements that obligate apprentices to regular extra work are ineffective.
Agreements on Travel Expenses
A common topic in additional agreements is the regulation of travel and accommodation expenses. This particularly concerns the reimbursement of travel costs to vocational school or during external training measures such as inter-company courses. The vocational training (Ausbildung) contract can state that the training company reimburses public transport costs or offers a mileage allowance for the use of personal vehicles. Moreover, the terms for covering meal and accommodation expenses during multi-day courses can also be detailed. The vocational training (Ausbildung) contract should accurately specify these regulations to avoid misunderstandings.
Additional Agreements on Further Education
Some training companies offer apprentices the opportunity to participate in additional further education sessions. Such offerings can take the form of training sessions, seminars, or courses, and are often governed by an additional agreement. The vocational training (Ausbildung) contract should specify whether participation is mandatory, which costs the company will cover, and whether the apprentice will be released from work to attend. Additionally, agreements concerning e-learning or part-time further training programs can also be arranged. However, these additional agreements must not replace regular training content or unduly extend working hours.
Regulations on Benefits in Kind
Additional agreements can also concern benefits in kind that the company provides to the apprentice, such as work clothing, tools, computers, or textbooks. The contract must stipulate whether these materials are lent or permanently provided to the apprentice. In the case of borrowed items, the contract should clearly define how returns are to be made and who bears the costs if the materials are damaged or lost. However, regulations on benefits in kind must not place the apprentice at an unreasonable disadvantage or impose obligations that undermine the purpose of the training.
Agreements on Side Jobs and Secondary Employment
The training company can specify in the vocational training (Ausbildung) contract whether and to what extent the apprentice may engage in secondary employment. This regulation aims to ensure that the apprenticeship is not jeopardized by additional work burdens. However, a complete prohibition of side jobs is not permissible, provided these do not interfere with the vocational training (Ausbildung). The additional agreement should clarify that side jobs must not negatively impact the apprentice’s training performances and that the training company can revoke permission for secondary employment in individual cases if health or operational reasons necessitate it.
Repayment Clauses for Further Education Costs
If the training company finances additional further education, a repayment clause may be included in the vocational training (Ausbildung) contract regulating the repayment of costs if the apprentice prematurely terminates their training or leaves the company shortly after completion. However, these clauses are only effective under certain conditions: they must be transparent and comprehensible and must not unduly disadvantage the apprentice. The amount of the repayment obligation must be reasonably proportional to the costs covered and may only be applicable for a limited time.
Regulations on the Use of Company Equipment
If the apprentice uses company equipment such as computers, vehicles, or special machinery during the training, this can be regulated through an additional agreement in the vocational training (Ausbildung) contract. The agreement should specify the extent of permitted use, who is liable for damages, and what safety precautions must be observed. Such an agreement is particularly important in technical professions where the apprentice regularly works with high-quality equipment. However, the company cannot hold the apprentice responsible for damages incurred during the training unless gross negligence is present.
Regulations on Employment after Training
Some training companies offer the apprentice a job guarantee upon successful completion of their vocational training (Ausbildung). This agreement can be documented as an addition in the vocational training (Ausbildung) contract and should clearly define the conditions of employment, such as the duration of the subsequent employment relationship, compensation, and the position within the company. Such an agreement provides the apprentice with planning security but is only effective if it is documented in writing and clearly formulated. The company can tie the job offer to specific conditions related to the apprentice’s performance.
Confidentiality Agreements
Confidentiality agreements regulate that the apprentice must maintain secrecy about operational matters, business secrets, or confidential information even after the training (Ausbildung) has ended. Such agreements can be particularly useful in professions with access to sensitive data, such as in the IT industry or research companies. However, such additional agreements must not hinder the apprentice’s professional development or unduly disadvantage them in their later professional practice. Therefore, the confidentiality agreement must be precisely formulated and only concern knowledge acquired during the training.
Additional Agreements for the Use of Vehicles
If the apprentice uses company vehicles during the training, this can be regulated through a separate additional agreement in the vocational training (Ausbildung) contract. The agreement should specify under which conditions the vehicle may be used, who bears the costs for fuel and maintenance, and how personal use is regulated. An additional clause may clarify the handling of damages and insurance issues. However, the apprentice must not be held liable for all damages if these occurred without gross negligence or intentional conduct.
Agreements on the Use of Personal Devices
Some training companies permit or require the use of personal devices such as laptops or smartphones during the training (Ausbildung). This use should be explicitly regulated in the vocational training (Ausbildung) contract to avoid legal uncertainties. The contract should specify the extent of permitted use of personal devices, how data security will be ensured, and whether the company is responsible for any damages or wear and tear. These additional agreements must clarify that the use of personal devices is voluntary and that the apprentice incurs no disadvantages for refusing to use them.