Regular Working Hours for Adult Trainees
For adult trainees, the Working Hours Act applies, which stipulates a maximum daily working time of 8 hours. The weekly working time is usually 40 hours over a five-day week. Under certain circumstances, the daily working hours can be extended to up to 10 hours, provided that appropriate compensation is made within six months. Overtime should be clearly regulated in the training contract and compensated either financially or by time off. The working hour regulations should be documented in the contract to ensure that the coordination of vocational school and practical training is maintained.
Special Regulations for Minor Trainees
Minor trainees are subject to stricter regulations according to the Youth Employment Protection Act. The daily working time must not exceed 8 hours, and the weekly working time cannot exceed 40 hours. Generally, minors cannot be employed on Saturdays, Sundays, and public holidays unless there are sector-specific exceptions, such as in healthcare or hospitality. The working time must not be distributed over more than five days per week, and adequate breaks of at least 30 minutes for more than 4.5 hours of work or 60 minutes for more than 6 hours must be observed.
Consideration of Vocational School Hours
Vocational school hours are considered working hours and must be acknowledged in the training contract. A vocational school day with more than five lesson hours of 45 minutes each is counted as a full working day and cannot be supplemented by additional working hours in the company. If the vocational school day encompasses less than five hours, the trainee may still work on that day, provided that the total working hours do not exceed the legal limits. For minor trainees, vocational school days cannot be combined with practical assignments if this would exceed the daily maximum working hours.
Regulations on Breaks and Rest Periods
The legal break regulations must also be observed in the training contract. With a working time of more than 6 hours, the break time must be at least 60 minutes. For more than 4.5 hours of working time, at least 30 minutes of break are required. Breaks may not occur at the beginning or end of work hours but must be taken during the working time. Between two working days, adult trainees must have at least 11 hours of rest. For minor trainees, the rest period is at least 12 hours. These regulations are binding and cannot be overridden by contractual agreements.
Working Hours on Weekends and Holidays
In principle, the employment of trainees on weekends and holidays is not permitted. Exceptions apply to industries such as hospitality, agriculture, or healthcare if this is provided for in the training regulations. In such cases, however, the trainee must receive corresponding compensatory time off, which must be granted within two weeks. The training contract should clearly state in which cases the trainee must work on weekends and how substitute rest days will be arranged.
Overtime Regulations in the Training Contract
Overtime is generally only permissible in exceptional cases for trainees and must not impair the purpose of the training. For minor trainees, overtime is only allowed if it is necessary to avert an emergency. Overtime must be compensated either through additional pay or time off. The training contract should clearly specify how overtime will be recorded and compensated. Trainees should not be obligated to regularly work overtime. Overtime regulations that contradict legal requirements are invalid.
Flexible Working Time Models
Flexible working time models such as flexitime or part-time training are possible within the framework of dual training but must be documented and approved in the training contract. Flexitime models allow adjusting working hours to the individual needs of the trainee, as long as the total working hours are not exceeded. In part-time training, the weekly working hours are reduced accordingly to accommodate family responsibilities or health constraints, for example. The training contract must contain precise regulations regarding working hours and possible compensatory times in such cases.
Working Time in Shift and Night Work
Shift work is only permissible for trainees under certain conditions. Minors may only be employed between 20:00 and 06:00 in exceptional cases, such as in bakeries or healthcare. For adult trainees, the general regulations of the Working Hours Act apply, which stipulates that night work after 23:00 should be avoided unless required by training contents. The training contract should detail in which cases shift work is necessary and how the legal break and rest periods will be observed.
Right to Leave for Examinations and Vocational School
Trainees have the right to leave for participation in examinations, including preparation time the day before the final examination. This leave is recognized as working time and cannot be compensated by additional operational assignments. The company is obliged to grant trainees leave for vocational school classes without salary deductions. The training contract should clearly state that examination periods and preparation times are considered working time and that the trainee does not have to work additionally during this time.
Documentation of Working Time
The working hours of trainees must be accurately documented, especially regarding overtime, break times, and special regulations. The documentation serves as proof to the competent chamber and aims to ensure compliance with legal requirements. The training contract should stipulate how working time is recorded, e.g., through electronic time tracking or manual time sheets. The trainee has the right to inspect the working time records at any time to ensure there are no erroneous entries or violations.
Violations of Working Time Regulations
Violations of the working time regulations, especially concerning minor trainees, can lead to sanctions by the supervisory authorities. The training contract may not contain provisions that violate the Youth Employment Protection Act or the Working Hours Act. If the training company regularly violates the working time requirements, this can lead to the ineffectiveness of the contract and a report to the competent chamber. Trainees who are unsure whether their working hours are being adhered to should contact the Chamber of Industry and Commerce (IHK) or the Chamber of Crafts (HWK).