Legal Regulations for Underage Trainees
Special protective regulations apply to underage apprentices under 18 years old, as stipulated in the Youth Labour Protection Act (JArbSchG). The minimum age for vocational training (Ausbildung) is 15 years; however, full-time compulsory schooling must be completed. In some cases, such as apprenticeships in agriculture, youths may start at 14. Minors must present medical examinations to prove their suitability for the training (Ausbildung). These medical check-ups are mandatory before the start and before the end of the first year of apprenticeship.
Working Hours for Young Apprentices
The Youth Labour Protection Act restricts the working hours for underage trainees. Young people may work a maximum of 8 hours daily and 40 hours per week. Vocational training (Ausbildung) for those under 18 generally excludes work at night, on weekends, and public holidays. Exceptions are possible for certain sectors like gastronomy or healthcare. Even in these cases, rest periods and maximum working durations must be adhered to.
Break Regulations and Rest Periods
Underage apprentices are entitled to longer breaks than their adult colleagues. After working 4.5 to 6 hours, a minimum break of 30 minutes is required; for more than 6 hours, at least 60 minutes. There must be at least 12 hours of rest between working days. These regulations are part of the Youth Labour Protection Act and serve to protect the health of young trainees.
Mandatory Vocational School Attendance for Young Trainees
In Germany, all underage apprentices are required to attend vocational school. This obligation means that young trainees must attend vocational school on certain days to learn the theoretical aspects of their training (Ausbildung). Attending vocational school counts as working hours, and employers must ensure that apprentices can attend school during work hours. Absences must be excused just as they would be in the company. Vocational school instruction must not be hindered by operational duties.
Minimum Age for Hazardous Work
Strict regulations apply to the tasks that underage apprentices can perform. Hazardous work, such as handling heavy machinery or dangerous substances, is fundamentally prohibited for youths under 18. Exceptions are only made if these activities are necessary within the framework of the training (Ausbildung) and are conducted under strict supervision. In such cases, the employer must ensure additional safety measures. For apprenticeships in professions like electrician, metalworker, or carpenter, specific minimum age requirements may exist.
Youths in Dual and School-Based Training Programs
An immediate start in vocational education (Ausbildung) can occur in both dual and purely school-based programs. Dual apprenticeships combine practical company experience with theoretical instruction, while school-based training primarily takes place at vocational schools. The latter is common in social or nursing fields. In school-based training programs, the minimum requirement is often a certain school-leaving certificate, and similar protective regulations apply as in the dual training system.
Duties of the Employer for Underage Apprentices
The employer is obliged to ensure that all legal provisions for the protection of minors are observed. This includes compliance with working hours, provision of adequate breaks, and ensuring a safe workplace. Additionally, the employer must support attendance at vocational school and ensure that no overtime is incurred. Violations of the Youth Labour Protection Act can result in fines for the company and, in the worst case, the withdrawal of the right to train apprentices.