Termination Options During the Probationary Period
In the first months of a vocational training arrangement, known as the probationary period, both parties have the possibility to end the apprenticeship (Ausbildung) without giving reasons. This applies also to minor trainees; however, parents or legal guardians must be informed. According to the Vocational Training Act (BBiG), the probationary period can last between one and four months. During this time, an immediate termination of the training is possible without needing to observe notice periods.
Termination after the Probationary Period
After the probationary period has concluded, stricter regulations apply to the termination of an apprenticeship contract. An ordinary termination is only possible by the trainee themselves, with a notice period of four weeks, if they wish to abandon the vocational training (Ausbildung) or begin another vocational education. The training company, on the other hand, can only terminate the training relationship after the probationary period for important reasons, such as serious breaches of duty. An immediate termination of the apprenticeship (Ausbildung) must be well justified, and for minor apprentices, the consent of the legal guardian is required.
Immediate Termination and Important Reasons
An immediate termination during the training is only permitted under certain serious circumstances, such as theft, acts of violence, or repeated unexcused absences by the apprentice. In such cases, the training company can immediately end the apprenticeship contract. For minor trainees, the consent of the legal guardians is additionally necessary. The company must also provide a written justification for the immediate termination to fulfill legal requirements.
Role of Legal Guardians
Since minor apprentices in Germany have limited legal capacity, their parents or legal guardians have a say in the termination of the apprenticeship contract. Every termination must be signed or at least confirmed by the legal guardians. In the case of an immediate termination, a declaration of consent from the parents is required. This serves youth protection and aims to prevent minor trainees from prematurely losing their vocational training (Ausbildung) without adequate legal protection.
Advice and Support
In case of uncertainties or problems during the apprenticeship (Ausbildung), minor trainees and their parents can turn to various advisory services, such as the Chamber of Industry and Commerce (IHK), the Chamber of Crafts, or the works council at the training company. Additionally, trade unions and the Federal Employment Agency offer consultations that inform about rights and obligations during the training. It is advisable to seek advice before a termination to carefully consider all legal aspects and possible consequences.