Career Orientation Measures – Legal Classification and Regulations
Career orientation measures in German law refer to numerous specifically regulated instruments designed to support adolescents, young adults, and other target groups in preparing for and selecting their future career paths. They form an integral part of federal and state labor promotion and educational policy. The following provides a detailed presentation of the relevant legal foundations, target groups, content, implementing organizations, funding, supervision, and control.
General Definition and Delimitation
Career orientation measures are structured and targeted offerings intended to support participants in deciding on training, studies, or a profession. They are distinguished from career counseling or pure informational events by their nature as a measure—that is, they take place as part of a specially developed program, often with binding content and a defined timeframe.
Legal Foundations
Social Code Book III – Employment Promotion (SGB III)
The essential legal provisions for career orientation measures can be found in SGB III. According to § 48 SGB III and especially in the context of §§ 53 ff. SGB III, measures to promote career orientation are explicitly regulated. Particular mention should be made of the detailed Promotion of Career Choice and Preparation, with career orientation measures also being seen as part of “Pre-Vocational Training Measures” (§ 51 SGB III).
Vocational Training Act (BBiG)
The BBiG defines in § 1 the promotion of vocational training, which also includes career orientation. In conjunction with SGB III, this provides the legal framework for formal and extracurricular career orientation programs.
State School Laws
The career-oriented offerings are specified and implemented through the respective state school laws. These usually include obligations for career orientation from a certain grade level onwards and define programmatic requirements for schools and their cooperating partners.
Other Legal Sources
Other relevant regulations also exist, for example in SGB II (basic income support for job seekers), within the framework of child and youth welfare (SGB VIII), and in the funding guidelines of the European Social Fund (ESF) for programs supporting the transition from school to work.
Content and Objectives of the Regulations
The focus of the legal regulations is on the following aspects:
- Early Awareness Raising: Introducing young people to various occupational fields and employment opportunities.
- Practical Experience: Implementation of internships or practical phases (usually mandatory under school regulations).
- Information Provision: Provision of information on vocational training occupations, study options, the labor market, and occupational requirements.
- Individual Counseling: Individual or group sessions to assess aptitude and interests.
- Support for Disadvantaged Groups: Special support offers for young people with increased support needs.
- Gender and Diversity Aspects: Specific programs to promote underrepresented groups in certain occupational fields.
Target Groups
Career orientation measures are primarily aimed at students in general and vocational schools as well as other persons who are in transition from school to work. In addition, special programs are available for university dropouts, young adults without training, or people with specific support needs.
Implementing Organizations and Delivery Entities
The organizations implementing career orientation measures include:
- Federal Employment Agency: Implementation of its own programs and commissioning of external educational providers in accordance with the requirements of SGB III.
- School Authorities and Federal States: Organization and implementation of school-based measures.
- Independent Youth Welfare Providers and Nonprofit Organizations: Implementation of specific programs, often in cooperation with public bodies.
- Providers of federal voluntary service and other volunteer services.
Cooperation between schools, companies, chambers, and the Federal Employment Agency is regulated in various cooperation agreements and administrative directives.
Funding of Legally Regulated Measures
The costs of career orientation measures are, depending on the type of measure and funding program, predominantly covered by the Federal Employment Agency, the federal states, the European Social Fund, as well as by local authorities’ budgets. The eligibility for funding (§§ 48 ff. SGB III) and the granting of benefits to participants (e.g., travel and accommodation costs) are decisive.
Private funding options exist especially for voluntary courses and private counseling services, for which public law requirements may not need to be applied.
Admission Criteria and Selection Procedures
Participation in publicly funded career orientation measures is subject to certain admission criteria defined, for example, by school, age, school-leaving qualification, or by the Federal Employment Agency. Minors regularly require the consent of their legal guardians. For measures aimed at specific groups with special needs, a prior selection or assessment procedure is provided.
Supervision, Quality Control and Evaluation
Supervision and Quality Management
For the implementation and quality assurance of career orientation measures, the regulations on provider accreditation according to AZAV (Accreditation and Licensing Regulation for Employment Promotion) within the framework of SGB III apply. Public supervisory authorities monitor compliance with legal requirements, data protection provisions, and the achievement of objectives. School supervisory authorities monitor compliance with state law requirements.
Evaluation of Measures
According to the requirements of SGB III and supplementary funding guidelines, the effectiveness and sustainability of career orientation measures are regularly evaluated, for example by scientific studies, monitoring reports from the Federal Employment Agency and state ministries, or by external review bodies.
Legal Protection and Complaints Procedures
Participants or applicants for career orientation measures are entitled to legal protection under general administrative law in the event of disputes, for example, if admission to a measure is denied or problems arise during implementation. Here, recourse can be had to the administrative courts. Disputes regarding funding entitlements are decided in social court proceedings (§§ 51 ff. SGG).
Data Protection and Confidentiality Obligations
The collection, processing and use of personal data in career orientation measures must comply with the requirements of the General Data Protection Regulation (GDPR) and the Social Code—in particular, §§ 67 ff. SGB X. This covers especially areas such as consent, purpose limitation, data minimization, and the encrypted storage of participant data.
In summary, career orientation measures are comprehensively regulated by law and constitute a binding part of school, vocational, and labor market policy support in Germany. Their implementation is subject to numerous federal and state legal requirements governing access, implementation, funding, as well as quality and control. The ongoing development of the legal framework reflects the high importance attributed by the German legal system to the support and guidance of young people in the transition from school to employment.
Frequently Asked Questions
Who is eligible to participate in career orientation measures?
Primarily, students in general education schools who are about to graduate and need support in choosing a career are eligible to participate. The measure is especially intended for persons who have not yet reached the age of 25 and are not yet involved in training or any other comparable career-related program. Participation often further requires a recommendation from the school or the respective Federal Employment Agency. The legal eligibility for participation is governed by the funding criteria of the Federal Employment Agency and relevant administrative regulations. In individual cases, young people with special needs or those who are completely undecided may also be included, provided this is approved by the competent authority.
Who bears the costs of career orientation measures?
As a rule, the Federal Employment Agency bears the costs of recognized career orientation measures, provided a specific need for support has been established. This includes the costs for conducting the measure, necessary professional supervision, and—if required—travel expenses and, if applicable, accommodation and meals according to the relevant provisions of Social Code Book III (SGB III). Independent financial contributions from participants or their legal guardians are not legally required. Private providers, however, may charge fees for non-funded measures; in these cases, general civil contract law applies.
What legal framework applies to the implementation of career orientation measures?
The legal framework for implementation is essentially derived from SGB III and supplementary administrative regulations of the Federal Employment Agency. The measures must meet certain quality standards to ensure professional delivery, qualified personnel, and appropriate supervision of participants. Providers require approval under the Accreditation and Licensing Regulation for Employment Promotion (AZAV). Furthermore, data protection regulations under the General Data Protection Regulation (GDPR) and provisions on child and youth protection must be observed.
What obligations do participants have during a career orientation measure?
Participants are obliged to attend the measure regularly and actively. Unexcused absences or repeated violations of the measure’s regulations may lead to exclusion. Participants must comply with the applicable house and conduct rules of the provider and follow the instructions of the responsible staff. Participation in health- or safety-relevant instructions as well as in mandatory feedback and evaluation appointments is also compulsory. Violations may have labor law or funding-related consequences.
How is insurance coverage regulated during participation in career orientation measures?
During participation in a career orientation measure funded by the Federal Employment Agency, participants are generally covered by statutory accident insurance in accordance with § 2 (1) no. 13a SGB VII. This insurance covers accidents on the way to the measure, during participation in the measure, and on the way home. Providers must ensure that participants are appropriately informed about insurance coverage. Beyond this, there is generally no entitlement to further social security benefits unless these are expressly agreed to in the individual funding context.
What cooperation and information obligations exist towards the Federal Employment Agency?
Both participants and their legal representatives are required to immediately notify the responsible Federal Employment Agency of any measure-related changes, in particular interruptions, breaks, or cessation of participation. Furthermore, relevant personal changes, such as moving home, changes in supervision requirements, or health restrictions, must be reported promptly. These obligations arise directly from the general duties to cooperate outlined in SGB I and SGB III, and are prerequisites for the proper funding and supervision during the measure.
Under what circumstances can a career orientation measure be discontinued or terminated?
A discontinuation or premature termination of the measure is possible if there are important reasons, such as taking up training, starting a job subject to social security contributions, or for health reasons. The Federal Employment Agency must be informed of the termination without delay. The lawfulness of the discontinuation depends on the specific contractual and funding-related regulations. Unexcused discontinuation may result in disadvantages regarding funding and exclusion from further support measures. The detailed rules can be found in the procedural instructions and the funding approval for the measure.
