Termination Conditions after the Probationary Period
After the probationary period, the termination of the vocational training contract by the trainer is only permissible for good cause. The Vocational Training Act (BBiG) stipulates that there must be significant reasons that make the continuation of the training impossible or unreasonable for the training establishment. Such reasons could include serious breaches of duty or criminal behavior by the trainee.
Significant Reasons for Termination
A “significant reason” for terminating vocational training can be diverse. This includes, among other things, gross violations of company instructions, fraud, theft, or repeated unexcused absences. The reason for termination must be specific and verifiable; general dissatisfaction on the part of the trainer is not sufficient.
Immediate Termination and Proportionality
The termination usually occurs without notice, provided that the significant reason justifies this. However, it is crucial that the reason for termination is communicated within two weeks of becoming aware of the cause. Proportionality plays a significant role: Termination is only permissible if less drastic measures, such as warnings, have not led to a change in the trainee’s behavior.
Form and Content of Termination
The termination of the training relationship by the company must be in writing and must specifically and clearly outline the reason for termination. Signatures and dates are mandatory. Oral terminations are not permitted. Additionally, it is advisable to inform the works council, if available, in advance.
Legal Consequences and Options for Appeal
The trainee can legally challenge the termination if they consider the justification insufficient or unjustified. The trainee can file a lawsuit at the labor court within three weeks. Vocational schools and trade unions also frequently offer support and advice.