The third area of the ADA certificate deals with the legal guardrails within which vocational training takes place in Germany.
1. The Dual System
Training takes place at two learning venues:
- Company: Imparting practice (private law, BBiG, training regulations).
- Vocational School: Imparting theory (public law, school laws of the federal states).
2. Central Legal Sources
Training is regulated by a large number of laws, with a clear hierarchy:
- Basic Law: The basis of all rights.
- Vocational Training Act (BBiG): The most important technical basis (since 1969/2005). It regulates, among other things, the training contract, the suitability of companies and trainers as well as the examination system.
- Youth Employment Protection Act (JArbSchG): Protects trainees under 18 years of age (working hours, breaks, ban on night work, dangerous work).
- Crafts Code (HwO): Relevant for craft professions.
- Training Regulation: Federal legal ordinance for each recognized profession (job profile, training framework plan, examination requirements).
- Others: Works Constitution Act, Protection Against Dismissal Act, Maternity Protection Act, Working Hours Act.
3. Suitability of Trainer and Company
Not everyone is simply allowed to train. Requirements must be met:
- Personal Suitability: Every person is basically personally suitable, unless there are serious violations (e.g. ban on employing young people).
- Professional Suitability: Consists of the necessary professional skills (completed training/studies + professional experience) and vocational and work pedagogical knowledge (proven by the ADA examination).
- Suitability of the Training Facility: The company must be suitable by its nature and equipment to impart all contents required in the training framework plan. An appropriate ratio of skilled workers to trainees must be maintained.
4. The Training Contract
The contract is a private law contract which must be set down in writing before the start of training. It contains:
- Type, factual and temporal structure as well as the goal of the training.
- Start and duration.
- Duration of the probationary period (min. 1 month, max. 4 months).
- Payment and amount of remuneration.
- Duration of vacation.
- Conditions for termination.
5. Termination and Dismissal
- End: At the end of the contract period or with passing the final examination.
- Probationary Period: Termination possible at any time without notice and without giving reasons.
- After the Probationary Period: Termination by the trainer only possible for a good cause (without notice). The trainee can terminate with a notice period of 4 weeks if he wants to give up the training or change the profession.