Legal Basis for the Due Date of Compensation
The legal basis for the due date of vocational training compensation (Ausbildungsvergütung) is § 18 BBiG. It stipulates that the compensation must be paid regularly and no later than the last working day of the respective month. This regulation ensures that trainees can base their financial planning on timely payments.
Contractual Agreements on the Due Date
The exact payment date is determined in the training contract between the trainee and the training company. Typical agreements regarding the due date of the compensation are:
- At the End of the Month: The compensation is paid for the current month.
- At the Beginning of the Following Month: The compensation for the previous month is paid retroactively.
Regardless of the contractual agreement, the compensation must not be paid later than the last working day of the month.
Special Regulations for Holidays and Weekends
If the last working day of the month falls on a weekend or a public holiday, the payment must be made no later than the last banking day before that date. This regulation ensures that the trainee receives their compensation on time, even if the regular due date falls on a non-working day.
Delayed Payment and Consequences
Delayed payment of the compensation is a violation of the Vocational Training Act (BBiG) and can lead to employment-related consequences. Trainees have the right to demand the timely payment of their compensation. If the compensation remains unpaid or is repeatedly paid late, trainees can contact the relevant chamber (e.g., IHK, HWK), which can obligate the company to comply with legal requirements.
Impact on Social Security Contributions
The due date of the compensation also affects the submission of social security contributions. The training company is obliged to transfer the contributions to the trainee’s health insurance provider on time. A delayed payment may result in the contributions being submitted late as well, potentially causing issues with insurance coverage.
Important Notes on the Due Date
Trainees should regularly check whether their compensation has been paid on time and in full. In case of irregularities, it is advisable to first seek a conversation with the training company. If no agreement is reached, trainees can contact the relevant chamber or the trade supervision authority. In cases of continued violations of the payment due date, employment-related legal actions may be initiated.