Clause on Duration of Training
The duration of training is one of the central provisions in the vocational training contract and is determined by the corresponding training regulations of the occupation. Typically, the duration is between two and three and a half years, depending on the profession and prior education of the trainee. This clause must specify the exact start and end of the training. Additionally, possibilities for shortening or extending the training period should be noted in the contract if required due to good performance or special circumstances. Changes to the duration of training must be documented separately and signed by both parties.
Clause on Probation Period
The probation period clause states that the probation period lasts at least one month and a maximum of four months. During this time, both parties can terminate the training relationship without giving reasons and without notice. The probation period serves to determine whether the trainee and the company are a good fit. The contract must indicate the exact duration of the probation period. Changes to the probation period, such as an extension due to the trainee’s prolonged illness, must be documented in writing and confirmed by both parties.
Clause on Remuneration
The remuneration clause regulates the amount of the monthly vocational training compensation (Ausbildungsvergütung) and possible additional benefits such as Christmas bonuses, vacation pay, or travel reimbursements. The remuneration must comply with legal or collective agreements and is to be increased annually. The vocational training contract should specify the amount of compensation for each training year, as well as payment terms and due dates. In companies bound by collective agreements, the remuneration clause must take into account the applicable collective contracts. Invalid remuneration agreements that fall below the legal minimum remuneration for vocational training are ineffective.
Clause on Working Hours
The working hours clause specifies the weekly and daily working hours of the trainee. For adult trainees, the regulations of the Working Hours Act apply, while for minors, the Youth Employment Protection Act (JArbSchG) is applicable. The contract should also include regulations regarding breaks and possible overtime. The clause must ensure that working hours do not exceed legal maximum limits and that vocational school hours are properly accounted for. In flexible working hour models such as shift work or part-time training, the exact working hours must be recorded in the contract.
Clause on Vacation Entitlement
The vacation entitlement clause regulates the number of vacation days per calendar year. The minimum vacation is defined by the Federal Vacation Act (BUrlG) and amounts to at least 24 working days (20 working days in a five-day week). For minor trainees, the higher vacation entitlements according to the Youth Employment Protection Act apply: at least 25 to 30 working days depending on age. The contract must specify whether additional vacation days are granted, how vacation can be requested, and if there are vacation restrictions. Unused vacation must be granted by March 31 of the following year; otherwise, it expires.
Clause on the Duties of the Trainer
This clause defines the obligations of the training company. The company must provide the trainee with all necessary knowledge and skills required to achieve the training objectives. This includes providing training plans, allowing time off for vocational school lessons, and covering the costs for required training measures. The company is also obligated to ensure the safety and health of the trainee and to comply with the regulations of the Youth Employment Protection Act. Violations of these obligations can lead to premature termination of the training relationship.
Clause on the Duties of the Trainee
The duties of the trainee include participation in all training measures, properly maintaining the report booklet, and adhering to company rules. The trainee is required to follow the instructions of the trainers and diligently fulfill assigned tasks. Furthermore, they must promptly inform the company in the event of illness or other absences and submit a medical certificate if necessary. This clause also regulates the duty to maintain confidentiality regarding business information and the proper use of the provided training tools.
Clause on Termination Conditions
The termination clause sets out the conditions under which the vocational training contract can be terminated. During the probation period, termination is possible at any time without giving reasons. After the probation period, the contract can only be terminated without notice for a good reason or with a notice period of four weeks if the trainee wishes to abandon the vocational training or pursue training in a different profession. The contract should also outline the formal requirements for termination (e.g., written form) and possible reasons for termination to avoid misunderstandings.
Clause on Additional Benefits
The additional benefits clause may contain regulations on capital-forming benefits, travel reimbursements, company pension plans, or meal allowances. This clause must clearly define under what conditions these benefits are granted and whether they are subject to specific requirements. Additional benefits may not be used as a substitute for vocational training compensation (Ausbildungsvergütung) but must be provided as voluntary benefits of the employer. The exact amount and timing of these benefits should be recorded in the contract.
Clause on Confidentiality and Data Protection
The confidentiality and data protection clause obligates the trainee to maintain secrecy about business matters and trade secrets. This obligation applies during and after the training period. The vocational training contract should specify which information is considered confidential and what consequences a breach may entail. Data protection clauses must also take into account the legal requirements of the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR), especially if the trainee has access to personal data.
Clause on Secondary Employment
The secondary employment clause regulates whether and to what extent the trainee is allowed to engage in secondary employment. The training company can restrict secondary employment if it interferes with the training or violates company interests. The clause should clearly specify which secondary employments are permissible and what obligations the trainee has when engaging in such activities. However, a general prohibition of secondary employment is not permissible unless it jeopardizes the training purpose or affects the trainee’s performance.
Clause on Repayment Obligations
If the company provides the trainee with additional benefits such as further training measures or financial support, a repayment clause may be included in the contract. This clause regulates the conditions under which the trainee must partially or fully repay the costs, for example, in case of an early termination of the training. The repayment clause must be fair and transparent and must not disadvantage the trainee disproportionately. The amount of the repayment and the conditions must be clearly defined to be legally effective.