Certainly, you're considering a change in your current training provider?
In Germany, apprenticeship contracts are unique employment contracts regulated by the Vocational Training Act (Berufsausbildungsgesetz, BBiG) and the German Civil Code (Bürgerliches Gesetzbuch, BGB). Here's what you need to know about terminating an apprenticeship outside the probationary period.
Outside the Probationary Period
After the initial probationary period, which lasts between one and four months, an apprentice can terminate their training relationship, but they must adhere to the statutory or contractually agreed notice period, typically four weeks, ending on the 15th or the last day of a calendar month.
- The apprentice must provide a written notice of termination, adhering to the statutory notice period if no shorter period was agreed.
- Termination after the probation period cannot be immediate without a serious breach of contract by the employer (§ 22 BBiG).
- If the apprentice wishes to terminate immediately, they must prove such a breach.
- The employer must accept the termination within the notice period; otherwise, the contract continues.
During the Probationary Period
During the probationary period, the training relationship can be terminated at any time without notice or reason. However, it is advisable for apprentices to seek advice from organisations like DGB Youth's online offer "Dr. Apprentice" for help with problems and questions about apprenticeships.
Special Cases
If an apprentice is not paid their wages or is being bullied at work, these are considered serious reasons for terminating the apprenticeship without notice. In such cases, DGB Youth advises apprentices to seek advice before taking action.
Continuing Training Elsewhere
Apprentices who wish to continue their training elsewhere after the probationary period can agree on a termination agreement. However, no deadline needs to be met, and it is helpful for apprentices to check if the new company recognises previous training times.
In conclusion, apprentices in Germany must respect legal notice requirements when terminating their apprenticeship outside the probationary period. It is crucial to understand these rules to ensure a smooth transition in case the need for termination arises. For precise guidance or complex cases, consulting a local labor or vocational training law expert is recommended.
[1] German Vocational Training Act (Berufsausbildungsgesetz, BBiG) [2] German Civil Code (Bürgerliches Gesetzbuch, BGB) [3] General German law knowledge
- For apprentices who wish to pursue education-and-self-development or career-development opportunities elsewhere, a termination agreement can be reached after the probationary period, provided the new company recognizes previous training times.
- In the event that an apprentice faces issues such as non-payment of wages or workplace bullying, these can be considered serious reasons for terminating the apprenticeship without notice. It's essential for apprentices to seek advice from organizations like DGB Youth before taking any action.
