Contract Partners and Start of Vocational Training (Ausbildung)
The vocational training contract must clearly specify the parties involved. This includes the name and address of the training company as well as the trainee. Additionally, the start date of the vocational training (Ausbildung) and the expected completion date must be recorded. The training company must also specify which training facility or vocational school will be attended.
Type, Objective, and Content of Vocational Training (Ausbildung)
The vocational training contract defines the type of vocational training (Ausbildung) as well as the specific training goals. This is typically stated by naming the vocational profession according to the training regulations. It must be ensured that the content taught meets the standards required for the successful completion of vocational training (Ausbildung). The training plan, which must be included in the contract, specifies which practical and theoretical knowledge should be acquired during the training.
Duration of Vocational Training (Ausbildung) and Trial Period
The duration of the vocational training (Ausbildung) must be precisely stated in the contract. For most professions, the training period in Germany lasts three to three and a half years. The contract also includes regulations for the trial period, which is between one and four months. During the trial period, the training relationship can be terminated by either party without giving reasons, which must be clearly regulated in the contract.
Compensation and Benefits
Another key component of a vocational training contract (Ausbildungsvertrag) in Germany is the vocational training compensation (Ausbildungsvergütung). The contract must specify the amount of the monthly compensation as well as the payment method. Additionally, all additional benefits such as overtime compensation, allowances, or travel reimbursements must be listed. The compensation must comply with legal regulations or collective agreements.
Working Hours and Leave
The working hour regulations for trainees are based on the provisions of the Youth Employment Protection Act as well as general labor law regulations. The vocational training contract must record the daily and weekly working hours as well as any regulations regarding breaks and overtime. Furthermore, the contract includes regulations on holiday entitlement, which is based on the Federal Holiday Law and must amount to at least 24 working days.
Termination and Dissolution Conditions
The vocational training contract outlines the conditions under which the training relationship can be terminated or dissolved. During the trial period, a termination without giving reasons is possible; stricter regulations apply thereafter. A termination without notice is only possible in cases of serious breaches of duty. The contract should also include regulations for ordinary termination, which requires at least four weeks’ notice.
Obligations of the Training Company
The contract must clearly define the obligations of the training company. This includes the obligation to impart the necessary knowledge and skills, the provision of training resources, and the release of the trainee for vocational school attendance. Companies must also ensure that the vocational training (Ausbildung) meets the requirements of the competent chamber and is properly documented.
Obligations of the Trainee
The obligations of the trainee are also part of the contract. This includes, in particular, participation in vocational school lessons, the proper fulfillment of assigned tasks, and adherence to company regulations. The trainee is required to keep a training record and submit it regularly for review. Additionally, any absence from vocational training must be reported immediately and, if necessary, documented with a medical certificate.
Additional Agreements
The vocational training contract may also include additional regulations that go beyond the legal minimum requirements. These may include agreements on further training opportunities, guarantees of employment after successful completion, or specific regulations regarding benefits in kind. However, these agreements must not be detrimental to the trainee and must comply with the provisions of the Vocational Training Act.
Form and Effectiveness of the Contract
The vocational training contract must be concluded in writing and signed by both parties. If the trainee is a minor, the signature of a legal representative is required. The contract is only effective if all essential components are included and the trainer has the necessary training authorization. Incomplete or unclear contracts can lead to issues with the recognition of the vocational training relationship.