Obligations of the Trainer
The training company is obligated to provide the trainee with the professional knowledge, skills, and abilities necessary to achieve the vocational training (Ausbildung) objective. The training must be carried out according to the specifications of the training plan and may only be conducted by qualified trainers. The company is required to provide the trainee with free training materials such as textbooks, tools, and materials. Furthermore, the training company is obligated to release the trainee for vocational school classes and exams, as well as provide a training log.
Right to Fair Compensation
The trainee has the right to fair vocational training compensation (Ausbildungsvergütung). This must meet at least the collective or legal minimum requirements. Compensation typically increases with each training year. The contract must clearly regulate the amount and due date of the compensation. If there is no collective agreement, the compensation must still be set at a level that is appropriate for the training purpose. In addition to the monthly compensation, the trainee may also be entitled to special payments such as Christmas bonuses or vacation pay, provided these are contractually agreed.
Duty to Maintain the Training Log
A central component of the vocational training (Ausbildung) is the proper maintenance of a training log. The trainee is required to regularly record the course of the training and the knowledge imparted. The training log serves as proof of the acquired knowledge and skills and must be submitted when applying for the final examination. The training company is obligated to allow the trainee the necessary time during working hours to maintain the training log and regularly check the records.
Right to Leave and Recreation
A trainee is entitled to a legal minimum vacation, which must be stipulated in the vocational training (Ausbildung) contract. The vacation is governed by the Youth Employment Protection Act (for underage trainees) or the Federal Vacation Act (for adult trainees). For minors, the vacation entitlement ranges from 25 to 30 working days, depending on age. The training company must ensure that the vacation is granted as continuously as possible and that the trainee has their periods of rest. Furthermore, the company may not require the trainee to work during their vacation.
Obligation to Attend Vocational School Classes
The trainee is obligated to attend vocational school classes and the prescribed exams. The training company must provide time off for this and may not disadvantage the trainee in terms of compensation or working hours. Days spent in vocational school are considered working hours, and the trainee may not be required to perform additional work in the company on those days if the class time exceeds five hours. This ensures that the educational part of the dual training (Ausbildung) is not adversely affected by company obligations.
Duty of Confidentiality
The trainee is required to maintain confidentiality regarding company matters. This duty of confidentiality applies both during the training period and after the end of the training relationship. The trainee may not disclose trade secrets or use confidential information to gain an advantage for themselves or third parties. This duty of confidentiality is clearly regulated in the contract and may lead to reprimands or even immediate termination in case of violations.
Right to Protection and Safety
The training company is obliged to ensure the protection and safety of the trainee. This means that the company must organize working conditions in such a way that hazards are excluded. The employer must comply with the provisions of the Occupational Safety Act and accident prevention regulations. For underage trainees, additional regulations of the Youth Employment Protection Act apply, which regulate working hours and the nature of activities. The company is required to conduct regular safety training and ensure compliance with safety regulations.
Obligation to Perform
The trainee is obligated to perform the tasks assigned to them diligently and to the best of their abilities. This includes following the instructions of the trainers and observing the company rules and regulations. Furthermore, the trainee must take care to treat training materials responsibly. The trainee is required to regularly participate in practical and theoretical training sessions and actively engage in the learning process.
Right to Support and Feedback
The trainee has the right to receive regular feedback on their performance and training progress. The trainer must conduct at least one formal discussion per year to discuss the previous course of the training. This feedback meeting serves to provide orientation and develop the trainee’s skills. Additionally, the trainee has the right to support in case of difficulties, whether related to professional content or personal issues that could impact the vocational training (Ausbildung).
Duty to Comply with the Training Regulations
The training company must conduct the vocational training (Ausbildung) according to the training regulations and framework plan. This means that the training must be structured and content-wise correct. The company may not assign the trainee to tasks that do not serve the training purpose. This also applies to overtime and tasks that have no training relevance. The chambers, such as the Chamber of Industry and Commerce (IHK) or the Chamber of Crafts (HWK), supervise compliance with these requirements.