Legal Framework in Austria
The legal basis for apprenticeship is the Vocational Training Act (Berufsausbildungsgesetz, BAG), Federal Law Gazette BGBl. No. 142/1969 as amended BGBl. I No. 185/2022, which regulates the company-based part of training in particular.
In addition, the Federal Minister of Labour and Economy issues a nationwide training regulation (Ausbildungsordnung) for each apprenticeship occupation. The training regulations for each apprenticeship are binding for every company providing training in Austria. They comprise the job profile that covers the professional competences to be acquired and the provisions concerning the apprenticeship leave examination.
The payment of apprentices is regulated through collective bargaining agreements (CBAs). These are negotiated between representatives of the Austrian Federal Economic Chamber and the unions. They set the minimum remuneration to be paid to apprentices during their training.
The apprenticeship contract is concluded between the apprentice and the company providing training.
The apprenticeship contract must include
- a reference to the apprenticeship trade, the duration as well as
- the beginning and the end dates of the training,
- details regarding the IVET trainer and the apprentice,
- and a note concerning compulsory attendance of part-time vocational school.
It also specifies any periods of training held within the framework of a training alliance with other companies or educational institutions, the amount of the apprenticeship remuneration, and the date on which the contract is concluded.
As apprentices are considered to be employees, the provisions of the laws apply to them (e.g. the Employee Protection Act (ASchG). For the employment of young people under 18 years of age special protective provisions apply in addition, which are in the Children and Young Persons Employment Act (KJBG) and the Regulations on Employment Prohibitions and Restrictions for Young People (KJBG-VO).
Workplaces, workrooms, workstations, etc. must be set up in accordance with the provisions of the Workers' Protection Act (ASchG). When employing young people (according to the KJBG), the employer is also obliged to determine the risks to health, safety and morals before the employment begins.“
The vocational school part is the responsibility of the Federal Ministry of Education, Science and Research (BMBWF). Two laws are of importance for the part-time vocational schools: The School Organisation Act (Schulorganisationsgesetz, SchOG, BGBl. No. 242/1962 as amended BGBl. I No. 165/2022), which regulates the responsibilities and structures of all school types, and the School Instruction Act (Schulunterrichtsgesetz, SchUG, BGBl. No. 472/1986 as amended BGBl. I No. 165/2022), which regulates instruction and teaching at the schools. Aside from these two framework laws, curricula (which have the legal status of ordinances) form major parts of the legal framework. All curricula are issued by BMBWF and allow for a certain degree of autonomy, that is, schools can define their own points of emphasis comprised from a list of specified subjects. Instruction varies based on the number of hours for certain topics within the given time frame.