Career Entry Support

Definition and Legal Classification of Career Entry Support

Career entry support is a social and labor market policy instrument that assists studentsand school graduatesin the transition from school to vocational training. In legal terms, career entry support, often abbreviated as “BerEb”, is a support service within the framework of § 49 Third Book of the Social Code (SGB III), which specifies the mandate of the Federal Employment Agency to facilitate the transition from general education schools to vocational training. The aim is to provide individual support to young people who are expected to have difficulties completing their school education and securing a training position, in order to prevent dropouts from vocational training and reduce educational disadvantages.

Legal Basis of Career Entry Support

Social Code and Other Legal Sources

The key legal foundations for career entry support can be found in the following provisions:

• § 49 SGB III (“Career Entry Support”)

– Governs the entitlements, target group, scope of support, and structure of the guidance provided.

• Regulation on Career Entry Support (BerEbV)

– Contains detailed provisions on implementation, such as selection, approval, qualification, and obligations of service providers.

• Funding by Federal and State Governments

– Funding is provided in specific proportions by the Federal Employment Agency and, in part, by the federal states. The shares are based on § 13 para. 3 of the Federal Budget Code (BHO) and have been stipulated through administrative agreements.

• SGB VIII and School Laws

– In connection with interfaces to measures of youth and school social work, further state-specific legal provisions may be affected.

Target Group and Access Requirements

According to § 49 (2) SGB III, career entry support is primarily aimed at female and male students at general education schools who

• are unlikely to graduate without support,
• need assistance in transitioning to vocational training,
• and whose need for support is recognized by the school.

The selection takes place in cooperation with schools and vocational guidance from the Employment Agency. Legally, access is structured as an active labor market promotion measure.

Content and Scope of the Support

Support Services and Process

Career entry support extends over several phases:

• Preparation for Graduation

– Support with learning, planning, and organizing graduation.

• Career Orientation

– Information on training opportunities, facilitation of internships, support in applications.

• Support during the Transition from School to Work

– Support with company contacts, aptitude tests, job interviews, and, if necessary, follow-up during the first year of training.

Duties and Obligations of Providers

The implementation is carried out by authorized providers. The requirements for providers and the qualifications of staff are governed by the BerEbV. Key obligations include:

• Preparation of an individual support plan,
• regular documentation of the support process,
• compliance with data protection regulations pursuant to GDPR and SGB X,
• cooperation with schools, businesses, and other institutions in accordance with § 49 (6) SGB III.

Legal Status of Participants

Participation in career entry support is generally voluntary and for studentscost-free. No employment relationship subject to social insurance is established. Data protection and confidentiality are mandatory for the support staff, and participant data are comprehensively protected.

Providers and career entry support staffare required to comply with the data protection provisions of SGB X and the GDPR. Enhanced requirements apply to consent, data processing, and transfer of personal data.

Legal Remedies

Applicants (students) as well as providers have, in case of disputes, formal legal remedies through administrative social procedures and appeals pursuant to §§ 83 ff. SGG. In the event of negative decisions by the Federal Employment Agency, recourse to social courts is available.

Relationship to Other Support Instruments and Legal Interfaces

Distinction from and Supplement to Other Measures

Career entry support is to be distinguished from:

• Preparatory vocational training under § 51 SGB III
• extracurricular youth social work under SGB VIII
• integration measures under § 45 SGB III

It may be used in conjunction with these measures as long as double or excessive funding is avoided.

Cooperation with Schools, Social Services, and Businesses

Career entry support is legally required to cooperate with schools, municipalities, and businesses. Legal foundations for this can be found, among others, in the school laws of the federal states and cooperation agreements.

Overview: Legal Assessment and Developments

Career entry support is a comprehensively regulated federal legal instrument for realizing the educational participation rights of disadvantaged youth during the school-to-apprenticeship transition. Nationwide framework legislation ensures a uniform procedure, although implementation details may vary depending on the state.

Since its introduction, the measure has been continuously developed further. Legislative amendments are regularly made as part of labor market policy reforms, adjusting the target groups, access paths, and funding modalities as needed.

Literature and Further Information

• Third Book of the Social Code (SGB III): §§ 44 ff. and § 49
• Regulation on Career Entry Support (BerEbV)
• Federal Employment Agency: Information sheets and administrative guidelines on career entry support
• Federal Ministry of Labour and Social Affairs: Career orientation programs

Career entry support is, in legal terms, a centrally regulated social policy instrument that fulfills the constitutional educational mandate and addresses social disadvantage. It is based on a complex normative framework. All amendments and the latest developments can be viewed in the Federal Law Gazette and on the Federal Employment Agency’s website.

Frequently Asked Questions

What is the legal basis for career entry support in Germany?

Career entry support (BerEb) in Germany is primarily governed by the Social Code (SGB) III, especially § 49 SGB III, which relates to the promotion of vocational training and the prevention of training dropouts. Implementation is based on § 421s SGB III (career orientation and career entry support), with eligible students receiving targeted assistance to meet academic requirements, find a suitable profession, and ensure a successful transition into vocational training. In addition, career entry support is subject to public procurement law, since services are generally provided by external providers selected in an open tender process. Responsibility and funding are shared between the Federal Employment Agency and—depending on the federal state—other institutional partners, with specific cooperation agreements providing additional regulations. Compliance with data protection rules under the GDPR and BDSG is mandatory to ensure the protection of participants’ personal data.

Who is legally entitled to career entry support?

Students in their final years at general education schools (e.g., Hauptschule, Realschule, or Gesamtschule) who are likely to face challenges in transitioning to vocational training are legally entitled to support through career entry support. This is typically determined by the school, employment agency, or through diagnostic aptitude tests. The legal entitlement is based on §§ 49, 130, 421s SGB III, with final selection and allocation delegated to the employment agencies. Participation is also voluntary and requires written consent from the parents or legal guardians if the participant is a minor. There is no individual legal claim to participation; instead, selection is based on established support criteria according to the individual’s need for assistance.

What is the contractual relationship between participants, providers, and the Federal Employment Agency?

The contractual relationship in career entry support is multi-layered. Participants themselves do not enter into a direct contract with providers or the Federal Employment Agency; instead, they take part in a publicly funded support program. Providers, on the other hand, enter into a civil contract with the Federal Employment Agency, based on the respective procurement process and resulting service contract. The legal framework is detailed in the service contract, particularly regarding scope of services, quality assurance, reporting requirements, and data protection. Participants—and, if minors, their legal guardians—must give written consent to participation and agree to data processing. The relationship between providers and participants is thus essentially a support/supervisory relationship, governed by the legal requirements of the Federal Employment Agency.

What legal provisions apply for data protection in career entry support?

Data protection in career entry support is of utmost importance and is strictly governed by the EU General Data Protection Regulation (GDPR) as well as the Federal Data Protection Act (BDSG). All data collected, processed, and stored about participants must be used solely for the purpose set out in the service contract, that is, the implementation and evaluation of career entry support. Providers are obliged to collect and use personal data only as necessary, and must implement technical and organizational measures to ensure data protection. Consent to data processing must be obtained in writing from participants, and from legal guardians in the case of minors. Additionally, participants’ rights to access, rectification, restriction, or deletion of their data must be upheld at all times. Regular checks by the Employment Agency or data protection officers ensure compliance with these requirements.

Are there special legal requirements for the selection and qualification of career entry support staff?

Yes, the selection and qualification of career entry support staff are clearly regulated by law and by contract. Legally relevant are both SGB III and the minimum requirements specified in the procurement documents of the Federal Employment Agency. Career entry support staff must have an appropriate pedagogical, social pedagogical, or psychological qualification, often in combination with professional experience in youth or educational work. Providers are obliged to ensure that employees are suitable, reliable, and appropriately qualified. Furthermore, an extended certificate of good conduct according to § 30a BZRG (Federal Central Criminal Register Act) is required and must be renewed regularly to ensure protection of minor participants. Violations of these requirements may result in sanctions against the provider, including contract termination.

What legal options are available in case of disputes or complaints in connection with career entry support?

In the event of conflicts or complaints, several instances and procedures are available. First, the provider is legally required to offer an internal complaints management system that provides participants with easy access to resolving issues. If there are serious or structural breaches of contractual obligations, participants or legal guardians may submit a written complaint to the Federal Employment Agency. The Agency will examine the issue and may initiate arbitration or mediation procedures. In addition, legal protection is available before the social courts for all involved parties in cases of official breaches of duty; in particular, providers may take legal action against decisions of the Federal Employment Agency (e.g., in case of termination of contract). In instances of data protection breaches, participants may contact the data protection officer and, where appropriate, lodge complaints with the competent supervisory authority.

Under what legal circumstances can career entry support be terminated early?

Early termination of career entry support is legally possible when important reasons exist. These include, for example, successful transition into vocational training, change of school, or moving outside the catchment area. Additionally, in cases of misconduct by the participant, such as repeated unexcused absences or gross misbehavior, the support can be terminated by the provider after consultation with the Federal Employment Agency. The legal basis for this is § 49 SGB III and the respective service contract, which details obligations and possible sanctions. Termination must be justified in writing to the participant and, if applicable, the legal guardians, and there is a right to a hearing. If there are ambiguities, the decision may be reviewed through the appeal process.