Apprenticeships During the COVID-19 Pandemic What Apprentices Should Know Now

The training company is obligated to exhaust all means to ensure that the apprenticeship continues. For example, it has the following options: adjusting the training plan by bringing forward other training content, transferring the apprentice to another operational department, returning the apprentice to the training workshop, or conducting special training events (such as intercultural training).

Only after all other options have been exhausted may a suspension of the training program be considered, even for trainees. However, this option should be viewed as a last resort. If trainees are affected by this, they are entitled to receive their full training allowance for at least six weeks (Section 19(1)(2) of the Vocational Training Act (BBiG)). Notwithstanding the statutory minimum duration, training agreements and collective bargaining agreements may provide for longer periods.

On this topic, Willmann and Felser write in AiB 3/2009:

“According to prevailing opinion, short-time work cannot be introduced for apprentices; the obligation to provide training is not suspended even in the event of a lack of orders. Due to the training company’s obligation to ensure the training, short-time work cannot be ordered for the trainers either. Trainees must continue to receive their full training allowance even during the short-time work period. If the training is unduly impaired by short-time work at the company, trainees may even be entitled to claims for damages.”

However, according to the Federal Employment Agency’s guidelines on short-time work, the granting of short-time work benefits to trainees is not ruled out. Thus, in exceptional cases—after the six-week period during which trainees are entitled to remuneration under Section 19 of the Vocational Training Act (BBiG) has expired—if the effective implementation of short-time work is exceptionally considered applicable to trainees as well, they may also receive benefits from the Employment Agency. (You can find more information on short-time work and short-time work benefits here.)

Since short-time work does not generally apply to apprentices, the apprenticeship program must be reorganized so that training can continue. This is because, under Section 14(1)(1) of the Vocational Training Act (BBiG), the training provider has a duty to provide training. This also means that trainers must be available at all times and cannot all stay home at the same time.

Furthermore, the training allowance for apprentices must not be reduced. The allowance is not a wage but rather financial assistance to enable the training to take place. Therefore, the training company remains obligated to pay it, even if the apprentice is no longer receiving training due to short-time work in effect at the company. (You can find a guide on short-time work and short-time work benefits here.)

If, despite best efforts to reorganize, nothing else works and all measures have been exhausted, apprentices may be sent home in very few exceptional cases. But even then, the allowance must continue to be paid. As soon as vocational schools reopen, apprentices are required to attend them regularly again (Section 13(2) of the Vocational Training Act (BBiG)).

In some cases, the regional Chamber of Industry and Commerce (IHK) may also offer an alternative program. Overall, apprentices must remain available at all times to resume their training at the company. In other words, this is not considered “vacation.”

Since the employer (or the person responsible for training) bears the training risk, they must ensure that the training content is taught and can be learned by the apprentice within the designated training period. If apprentices receive inadequate training or no training at all, the apprentice is entitled to claim damages from the training company. In any case, every trainee should note any missed training content in their training log.

If a prolonged crisis results in the company’s operations coming to a standstill for an extended period, the company’s suitability as a training provider may be deemed to have lapsed. In that case, the employer, together with the Chamber of Industry and Commerce (IHK) or the Chamber of Crafts and the Employment Agency, is obligated to make timely efforts to find another training company for the affected trainee.

If your vocational school offers alternative instruction—for example, online—the company must grant you time off for this (Section 15 of the Vocational Training Act [BBiG]). The school must provide you with the resources (software, devices, etc.) needed to participate in the classes. In case of doubt, however, you may also ask the training company whether the necessary resources can be made available.

Yes. In principle, the training company is also responsible—even in the event of unexpected operational disruptions for which it is not at fault, including the mandated closure of the business, the risk and, consequently, the compensation costs.

Separately, the Infection Protection Act (IfSG) establishes a claim against the competent authority for so-called loss of earnings compensation for those employees and trainees who are classified as “carriers, suspected cases, suspected of having an illness, or as other carriers of pathogens.” Compensation equal to the loss of earnings (for the first six weeks) is paid by the training company. Thereafter, the authority pays the compensation directly to employees and trainees.

If employees or trainees actually fall ill during the quarantine period, they will receive continued pay during sick leave and, subsequently (after six weeks), sick pay from their health insurance provider.

You don’t need to do anything right now! While the intermediate exam is a prerequisite for the final exam, your Chamber of Industry and Commerce (IHK) will soon send you a certificate of substitute participation. You must keep this in a safe place until the final exam! If you’re taking your exam at the Chamber of Crafts, you’ll be notified separately.

Nothing at the moment, since the dates for the practical exam have not been postponed—only those for the written exams. This means you should receive your exam results well before the end of your apprenticeship. However, if the exams are postponed further due to a worsening COVID-19 crisis, you must immediately submit a request to extend your apprenticeship period.

The existing collective bargaining agreement provisions regarding permanent employment remain in effect as long as no new agreement has been reached at your company. Please check with your works council regarding this.

If a permanent employment agreement was concluded within the last six months before the end of your apprenticeship (Section 12(1), Sentence 2 of the Vocational Training Act [BBiG]), it remains in effect. Verbal agreements are also valid—however, we recommend putting this agreement in writing. The agreement cannot be terminated without good cause.

If you have any questions, please contact your local IG Metall chapter.

Generally speaking, yes! As a trainee, you may not stay home out of fear of infection on your way to work or while at work. You do not have a “right to refuse to work”; this is stipulated in Section 273 of the German Civil Code (BGB). Through active participation in decision-making, works councils strive to ensure that the protection of trainees takes priority and that all necessary measures to protect health are taken.

The top priority is to curb the spread of the coronavirus and provide trainees with a safe working environment. According to Section 3 of the Occupational Safety and Health Act, the employer must take the necessary measures to ensure and improve the safety and health of employees. (You can find more information on this topic here.)

Since trainees generally cannot work from home, precautions must be taken at the workplace. The Youth and Apprentice Representative Council (JAV) should therefore make every effort to ensure that hygiene measures are strengthened in the training workshop.

JAVs should also urge apprentices to exercise caution and ask the employer whether sufficient space is available for them to stay and carry out hygiene measures. These areas should be adequately equipped with towels and soap, as this stems from the employer’s general duty of care. This also includes providing hand sanitizer and publicizing the general hygiene regulations.

Furthermore, everyone should make a point of washing their hands more frequently than usual and avoid excessive physical exertion. During periods of increased risk of infection, large gatherings should be avoided; that is, training sessions should be conducted with a minimal number of trainees. If in doubt, groups should be split up, and multiple training sessions should take place in small groups simultaneously. (You can find more information on working from home during the COVID-19 crisis here.)

In such cases, the employer must provide this information. The personal rights of the affected individual must also be protected. The responsible public health department will decide whether to place close contacts under quarantine. Should quarantine actually become necessary, the training allowance will continue to be paid by the training company in any case.