Changing Your Training Provider: Is It an Option?
In Germany, apprenticeship termination follows a specific set of rules and regulations. The Vocational Training Act (Berufsbildungsgesetz, BBiG) and the Civil Code (Bürgerliches Gesetzbuch, BGB) primarily govern apprenticeship contracts.
During the probationary period, which lasts between one and four months, either party can terminate the contract without notice or reason. However, after this period, termination requires a valid reason and must respect the agreed notice periods.
Outside the probationary period, termination for an apprentice normally requires a valid reason such as breach of contract, inability or refusal to continue training. If there is no cause, apprentices are typically not allowed to end the contract unilaterally without the employer’s consent.
The termination must be in writing to be valid. If an apprentice wishes to leave the training before the normal end date, they should attempt to negotiate a termination agreement with the employer. If no agreement is reached, they need to show a substantial reason that justifies termination for cause.
If an apprentice and their training company mutually agree to terminate the apprenticeship outside the probationary period, the apprentice can continue their training elsewhere. In such a case, they must observe a notice period of four weeks. The termination agreement should be signed by both the apprentice and the training company.
It's worth noting that the termination agreement does not require a specific format but should include the date of termination and the reasons for the termination (if applicable). This document serves as a legal document to end the training relationship.
Examples of serious reasons for immediate termination include non-payment of wages or bullying at work. If an apprentice encounters such issues, they can seek advice or mediation from the local Chamber of Industry and Commerce (IHK) or the vocational school.
For additional guidance and support, apprentices can turn to the DGB Youth's online offer "Dr. Apprentice" for problems and questions about apprenticeships. The youth organization of the German Trade Union Confederation (DGB Youth) also provides a guide for starting an apprenticeship.
It's helpful to check if the new company recognizes previous training times. If the previous company does not agree to a termination agreement, apprentices need a serious reason for immediate termination to change their apprenticeship place.
For specific procedural forms or help, the local Chambers of Commerce or labor law advice centers in Germany are appropriate contact points. The Munich Chamber of Industry and Commerce provides information on terminating an apprenticeship outside the probationary period.
In conclusion, understanding the rules and regulations surrounding apprenticeship termination in Germany is crucial for both apprentices and employers. By following these guidelines, parties can ensure a smooth and fair termination process.
- Pursuing education-and-self-development opportunities can be a valuable use of an apprentice's time outside their training, facilitating learning and personal growth.
- The termination of an apprenticeship contract in Germany can be complex, requiring a valid reason, respect for notice periods, and adherence to specific regulations, as governed by the Vocational Training Act and the Civil Code.
