Probation Period and Termination
During the probation period, the vocational training relationship can be terminated by either side without giving reasons and without adhering to a notice period. The probation period must last at least one month and can last a maximum of four months.
Termination after the Probation Period
After the probation period has expired, the vocational training relationship can only be terminated for a significant reason. The termination must be in writing and include the reasons for termination. Examples of significant reasons include serious breaches of duty such as theft or physical assault.
Immediate Termination
Immediate termination is possible if there is a significant reason that makes the continuation of the vocational training relationship unreasonable. This may be the case in instances of criminal acts or serious violations of training obligations. In this case as well, the termination must be submitted in writing and include the reasons.
Ordinary Termination by the Trainee
After the probation period, the trainee can terminate the relationship with a notice period of four weeks if they wish to completely abandon the vocational training or start a different vocational training. The termination must be in writing, but no justification is required.
Protection Against Termination
In Germany, there is special protection against termination for trainees. Ordinary termination by the training company is, in principle, not possible after the probation period, except for significant reasons. This protection also extends to pregnant trainees and trainees on parental leave. Additionally, termination during membership in a works council or in a youth and trainee representation office is more difficult.
Hearing of the Works Council
Before the training company issues a termination, the works council must be consulted if one is present in the company. A termination without hearing the works council is ineffective.
Termination for Minors
If the trainee is a minor, the termination must additionally be communicated to the legal guardians for it to be effective. A termination without delivery to the parents is ineffective for minors.
Right to Vocational Training Certificate
After termination, the trainee has the right to a vocational training certificate. This must include an evaluation of performance and behavior and must not contain negative statements or hidden hints.