Termination and protection against termination for trainees

The termination of trainees represents a delicate matter. On the one hand, vocational students usually have little experience in the job market and can quickly run into financial difficulties in the event of cancellation. On the other hand, employers can terminate without notice in the case of inadequate training performance or apprentices who show behavioral problems. But what requirements must be met for a termination to be legal, and what rights do trainees have in the event of termination??

In principle, the same legal regulations apply to the termination of trainees as to the termination of employees. However, there are a number of special points to note with regard to the protection against dismissal of trainees. For example, the employer may only terminate employment for a limited list of reasons, such as serious violations of training obligations or termination for operational reasons.

In order to protect their rights in the event of termination, trainees should inform themselves in advance about their options. You can obtain advice on this from the Chamber of Industry and Commerce (IHK) or the local works council. In case of doubt, legal advice can also be useful to clarify the legal options and risks.

What is meant by dismissal?

Termination is understood to mean the termination of an employment relationship by either party. The notice of termination can be given either by the employer or by the employee and must be in writing. A notice of termination can be given for various reasons, such as dismissal for operational or behavioral reasons.

In the case of trainees, special regulations apply with regard to protection against dismissal. Here’s how trainees may be terminated without cause during their probationary period. After the end of the probationary period, however, special protection against dismissal applies, which protects trainees against unjustified dismissals. A dismissal during training must always be justified and it must be checked whether it is justified.

However, there are also cases in which a termination is unlawful. In such cases, the trainee can turn to the relevant trade union, the works council or even a lawyer to defend himself against the dismissal. A successful lawsuit can result in either the continuation of the employment relationship or compensation.

• termination for operational reasons
• Termination for behavioral reasons
• Protection against dismissal for trainees
• Unlawful termination

Trainees: Your legal rights to protection against dismissal

As an apprentice, you have termination protection rights that are regulated in various laws. Such protection is intended to prevent you from being dismissed without sufficient cause. For example, a training relationship may not be terminated for arbitrary reasons.

The Vocational Training Act (BBiG) is of decisive importance for the protection against dismissal of trainees. The law stipulates that a training company may only give notice of termination for good cause. Such an important reason is deemed to exist if the training company cannot reasonably be expected to continue the training relationship.

Decisive for the assessment of an important reason are the circumstances in each individual case. Typical reasons may be, for example, a serious criminal offense committed by the trainee or a gross violation of the duties under the employment contract. Insolvency of the training company can also constitute good cause under certain circumstances.

• Conclusion: The Vocational Training Act provides important protection against dismissal for trainees. A trainee can therefore not be terminated without further ado, but only for good cause. In individual cases, the circumstances are decisive.

When is it permissible to terminate a trainee’s contract???

As a trainee, it is important to know when termination by the employer is permissible. In principle, the employer can only terminate an apprentice for good cause. Such a reason can be, for example, a gross violation of the training obligations by the trainee.

However, the termination of a trainee is also permissible if the trainee continues to neglect training obligations despite repeated warnings. In this case, however, the employer must be able to prove that he has issued several warnings and the trainee has still not shown any improvement.

It should also be noted that the protection against dismissal under the Vocational Training Act applies when a trainee is dismissed. This means that the trainee can object to a termination within three weeks. The employer must then file a complaint with the labor court within two weeks in order to uphold the dismissal.

• When is it permissible to terminate a trainee’s contract???
• Under what circumstances may a trainee be dismissed??
• What role does protection against dismissal play in the termination of trainees??
• What are important reasons for terminating a trainee’s employment???

Protection against dismissal for trainees

As a trainee, you generally enjoy special protection against dismissal in Germany. Notice of termination may only be given for good cause and must be justified in writing. If you have received a notice of termination as a trainee, you should examine it carefully and take legal action if necessary.

However, before taking legal action, you should seek a discussion with your employer. Perhaps the dismissal can be resolved by finding a solution that is acceptable to both sides. However, if there is no way to get the dismissal out of the way, you should consult a lawyer.

• Check whether the termination is effective in terms of form and content.
• Have your training contract prepared.
• Check whether you already have a legal right to be taken on by the company.
• File an objection against the dismissal.

In the event of termination, you are entitled to severance pay. This is defined by law and depends on your training period. Seek advice from an expert.

Support in the event of termination as an apprentice

The dismissal of a trainee can have various causes. If you have resigned as a trainee yourself or have been dismissed due to misconduct, it is difficult to claim protection against dismissal. In these cases, it is advisable to contact the employment agency. The latter can offer help with professional reorientation or arrange a new training position.

However, if you are of the opinion that the termination was not lawful, you are entitled to protection against termination as a trainee. In this case, one should immediately contact a lawyer or trade union for advice and possibly initiate legal action. However, a complaint can also be rejected if the dismissal was justified for operational reasons or training deficiencies.

However, there are also institutions that specialize specifically in supporting trainees in termination cases. For example, the Chamber of Industry and Commerce (IHK) or the Chamber of Skilled Crafts (HWK) offer advice and workshops to help trainees assert their rights. The youth and apprentice representation (JAV) in the company can also help here and act as a contact partner.

• Employment agency: support for professional reorientation
• Lawyer/trade union: consult and initiate legal action
• IHK/HWK: Advice and workshops to support trainees
• JAV: contact person in the company in cases of termination