Legal Framework in Germany

The German government uses laws and regulations to set the legal framework for the in-company part of the dual apprenticeship training. The centrepiece is the German Vocational Training Act. Through this act, the State declares the entire field of non-school vocational education and training to be a public task.

Vocational Training Act

The 1969 Vocational Training Act (BBiG) was amended in 2005 and in 2020. It regulates vocational training preparation, vocational training within the dual apprenticeship system, continuing vocational training and vocational retraining. In particular it contains

• regulations on the apprenticeships,
• requirements in terms of personal and technical skills, knowledge and qualifications for in-company training staff,
• requirements defining the suitability of in-company training premises, and
• regulations on the examination system.

Other topics are the organisation of vocational training, VET research and regulations regarding the Federal Institute for Vocational Education and Training (BIBB).

The Vocational Training Act defines the requirements that must be met by a training occupation. It stipulates that initial vocational education and training has to provide the capabilities, knowledge and skills (vocational capacity) necessary for the exercise of a qualified vocational activity in a changing working environment in a well-regulated course of training.

For the uniform application of the Vocational Training Act, the Board of the Federal Institute for Vocational Education and Training, also informally called “Parliament of German VET”, issues recommendations which specify the regulations of the act.

In 2016, the Federal Ministry of Education and Research (BMBF) consulted main VET stakeholders on the possible need to amend the Vocational Training Act. This consultation did not identify fundamental or systemic changes. The process led to amendments.

• Introduction of a minimum training wage for apprentices
• Reinforcement of equivalence between vocational and academic qualifications
• Expansion of part-time vocational training to further target groups
• Facilitation of recognition of prior learning
• Reduction of red tapes, esp. for international mobility

Other relevant laws, regulations and practices

• The Crafts Statute is the legal base for the German skilled crafts and their self-government. The part regulating vocational training is aligned to the Vocational Training Act.
• For each recognised training occupation, the training regulation sets the objectives, content and examination requirements for training in enterprises. Training regulations apply nationwide and have the force of law.
• The school laws of the Federal States regulate the school-part of the dual apprenticeship.
• A training company has to prove that at least one staff member has passed the trainer aptitude test conducted by a competent body. The Ordinance on Trainer Aptitude regulates the structure and the content of the examination for the pedagogical aptitude of the trainers in the companies.
• For apprentices under 18, the Youth Labour Protection Law regulates working time, paid vacation time guaranteed by law and leave in order to attend the vocational school.
• Apprentices in the German dual apprenticeship system have the legal status of students at the vocational school, and they are employees with a special legal status at the company providing training. The training is based on a training contract under private law between a company providing training and the apprentice. The specifications of the contract are regulated in the Vocational Training Act.

Youth Employment Protection 

The Youth Employment Protection Act (JArbSchG) contains special regulations for the protection of children and young people in the world of work.
The aim of the Youth Employment Protection Act is to protect children and young people from overwork. The law therefore protects young people from work that starts too early, lasts too long, is too hard, endangers them or is unsuitable for them. Child labour is prohibited as a matter of principle.
The Youth Employment Protection Act protects young people under the age of 18. Persons under 15 are considered children. Young people are persons who are 15 but not yet 18 years old.

Occupational Health and Safety (Arbeitsschutz)

The most important basic law for occupational health and safety is the Occupational Health and Safety Act (ArbSchG). It obliges the employer to assess health hazards at the workplace and to decide on necessary protective measures. The employer must ensure a functioning occupational safety organisation in the company. This can be achieved particularly effectively by sustainably integrating occupational health and safety into the structures and processes of a company. Furthermore, the employer shall instruct employees on occupational safety and health and take precautions for particularly hazardous work areas and work situations.