Dual Study Programs During the COVID-19 Pandemic What dual-track students should know now

Students should not be disadvantaged regarding BAföG due to the COVID-19 crisis. This applies in particular to first-semester students. They will continue to receive their BAföG until further notice—even if universities and colleges are closed and/or the start of the semester is delayed.

The decisive factor for BAföG payments is the scheduled date on which the program would have normally begun. Starting from this date, first-semester students will receive their benefits as originally planned.

Please note: If the educational institutionoffers online courses during the closure period, BAföG recipients are required to make use of these offerings to the best of their ability. Discontinuing or failing to participate in an online course will result in the suspension of BAföG funding.

It depends on whether the program can continue in the form of online learning opportunities or whether courses and exams are actually canceled. If the program continues as an online program, it can be assumed that the semester will be recognized as an academic semester, provided that exams take place and academic performance can be demonstrated at the end of the semester.

If the university remains closed due to the pandemic and no alternative learning options are available, the closure period will be treated as a period without classes or lectures. BAföG payments will continue until further notice. If online courses are offered, participation is mandatory.

The following also applies to dual-track students: There is no legal right to work from home. Nor is there a legal obligation to work from home. The decisive factor is whether there are provisions regarding this in the (employment) contract, a company agreement, or a collective bargaining agreement.

If there are no legally valid agreements, working from home cannot be unilaterally mandated or required. If working from home is agreed upon and mandated, the employer is responsible for setting up the home office and, in principle, also bears the associated costs.

The employer cannot simply require employees to maintain their ability to work using their own computer equipment. An agreement with the employee is necessary for this. Furthermore, both the introduction of working from home and the implementation of the “bring your own device” policy require an agreement with the works council.

As a general rule, dual-track students, apprentices, and training staff must be excluded from short-time work. The company is obligated to exhaust all means to continue ensuring training and dual-track studies. In this case, compensation must also continue to be paid in full. The primary concern here is ensuring the quality of training and studies.

Only in extreme, exceptional situations may dual-track students and apprentices be included in short-time work. Only then, at the earliest, does the entitlement to continued payment of the training allowance under Section 19(2) of the Vocational Training Act (BBiG) cease. In IG Metall’s view, dual-track students are entitled to short-time work benefits if all options for continuing their training have been exhausted.

Even if operations at the company have been largely shut down, this does not necessarily mean that dual study programs or vocational training must be suspended. Short-time work at the company therefore by no means automatically entitles the student to an interruption of their vocational training.

As a rule, dual students retain their entitlement to remuneration for at least six weeks, even if they are not working at the company. The contracts of dual students typically include a provision stating that they have a contractual right to continued payment of remuneration if the practical training phases do not take place for reasons within the company’s sphere of risk.

An extension of the duration of studies or training generally has no effect on subsequent hiring by the company. However, whether a legal right to be hired exists depends on the applicable regulations, in particular the contracts between dual students and companies.

The crisis caused by the coronavirus must not jeopardize the hiring of trainees and dual-track students. We must ensure that trainees or dual-track students are not denied permanent employment because final exams are postponed, the training period is extended, or the company’s situation allegedly does not permit it.

Gaining professional experience immediately following training is a key factor in preventing prolonged unemployment at the start of one’s career. In this context, particular attention must be paid to compliance with our collective bargaining agreements and, in the case of youth and trainee representatives, to the special protections provided under Section 78a of the Works Constitution Act (BetrVG).

If a plant closure results in training content not being delivered properly and therefore jeopardizes the success of the training, the following applies: In dual degree programs that integrate vocational training, the trainee should apply for an extension of the training period to make up for the missed training content.

If the plant closure prevents practical training phases required by higher education law from being carried out as scheduled, the matter must be clarified with the university. The extent to which this is relevant to the degree program and how it can be compensated for is determined by the regulations of higher education law. The same applies in the event that the university itself cannot guarantee academic instruction during a specific period.

Existing laws remain in effect even during times of crisis. For dual-track students whose training is integrated into their studies, this means that the employer must cover the costs of specialized literature, as well as tools and materials required for on-the-job training.

Therefore, instructional materials required exclusively for university-level instruction do not have to be provided by the training company but must continue to be financed from the student’s own resources.

However, many companies have company agreements regarding “free educational materials.” It is therefore worth contacting the Youth and Apprentice Representative (JAV) or the works council to explore company-specific solutions. Often, the coverage of costs for study materials is stipulated in employment contracts. Accordingly, it is also worth reviewing your personal contract here.