The key points must be set out in a training agreement between the employee and the employer.
In the spring of 2015, we secured new collective bargaining agreements on education and training in the metal industry. Under these collective bargaining agreements, our members now have a legal right to pursue further education at their own request and to be granted time off work for that purpose. Previously, time off was only granted if the training was necessary or expedient for the company—for example, because new technology was being introduced—or if it could at least benefit the employer.
Planning and Discussing Training and Continuing Education
Unlike for company-necessary maintenance or adaptation training, or development training that is useful or appropriate for the company, the employee must cover the full costs and time required for their personal continuing education themselves. If they are able to do so, the employer must grant them time off for continuing education—either part-time or even full-time—and guarantee their return to work for up to seven years. This is stipulated in the education and training collective bargaining agreements for the individual metal industry bargaining regions. This even makes it possible to pursue a degree.
The employee should first determine how they wish to pursue further training. Under the collective bargaining agreements, employees have the right to hold a qualification discussion with their employer once a year to discuss specific proposals—and, if desired, with the works council as well. The training may also benefit the company. In that case, it is considered professional development, for which the employer contributes at least half of the time. Otherwise, it is considered personal continuing education. This time may be financially supported under certain circumstances—specifically, if there is a company agreement that regulates a flexible transition to retirement (part-time retirement) and personal continuing education is also funded from this pool. Be sure to ask the works council about this.
Sign a training agreement to secure time and funding
Once the qualification or personal continuing education has been clarified with the employer, an individual training agreement must be concluded in accordance with the collective bargaining agreement. This agreement sets out the key terms for the training program and the leave of absence. The training agreement safeguards your income and ensures your return to work during the continuing education period.
The provisions in the collective bargaining agreements vary by region. In principle, however, the training agreement must include at least the following provisions:
- Start date and duration of the entire continuing education program. Maximum of seven years
- Leave of absence: Type, scope, and timing (part-time, block-scheduled part-time, or sabbatical. When, for how long, etc.)
- Education Account: Setup and Use (see below): Accumulation and withdrawal of funds, credit and repayment, steady income during continuing education; see also:
- Pro-rated monthly payment of vacation pay and Christmas bonus
- Offsetting statutory educational leave or educational leave of absence
- Vacation and vacation offsetting
- Funding through public support programs, such as “WeGebAU,” which reimburses a large portion of wages for continuing education for low-skilled and older employees.
- Funding through any voluntary employer contributions and company support programs. (Ask the works council)
- Continued employment after completion (or termination) of continuing education—according to the collective bargaining agreement—in at least an equivalent position. Anyone leaving the company on a full-time basis should enter into a separation agreement that includes a right to return.
Every training agreement must ultimately be submitted to the works council. This provides an additional layer of security for the employee. If important points are missing or there are disadvantages, the works council can take action.
Training Account: Savings or Loan Options
Employees should set up a training account with their employer for continuing education. Time and money can be saved in this account as credit balances and used later for continuing education. It is also possible to take out a loan against this account, which is repaid after the training is completed. This means that you do not have to save up the entire amount of time in advance but can also go up to ten percent into the red.
Overtime pay, as well as portions of vacation pay and Christmas bonuses, can be deposited into the education account. It is also possible to save up to 152 hours annually from the working time account. The goal of the education account is to provide financial security during continuing education: at least 70 percent of your normal monthly salary. The balance in the education account also participates in wage increases under collective bargaining agreements and is protected against insolvency.
