Concept and legal classification of the training provider
The concept Training provider is a central element in German vocational training law. It refers to the natural or legal person who, on the basis of a training contract, provides professional qualification to a trainee in a recognized training occupation pursuant to Section 1(2) of the Vocational Training Act (BBiG). The status and obligations of the training provider are comprehensively regulated in the BBiG as well as in supplementary regulations, such as the Crafts Code (HwO) and relevant training regulations.
Legal foundations
Vocational Training Act (BBiG)
Das Vocational Training Act sets out the framework conditions for company-based vocational training in Germany. Section 14 BBiG defines the duties of the training provider towards the trainee and regulates further requirements for being a training provider in other provisions.
Definition according to the BBiG
According to Section 14(1) BBiG, the training provider must ensure that the trainee is taught the professional skills, knowledge, and abilities required to achieve the training objective. Furthermore, the training provider must ensure that training is carried out in accordance with the training plan.
Who can be a training provider?
Any natural or legal person capable of properly conducting vocational training can be a training provider. Typical examples include sole proprietors, corporations, authorities, public law institutions, or partnerships.
Representation
In practice, the in-company training does not always have to be conducted by the training provider personally, but may be delegated to a personally and professionally suitable trainer appointed by the provider (§ 30 BBiG). Nevertheless, the training provider retains overall responsibility for the proper execution of the training.
Crafts Code (HwO)
For skilled trades training occupations, the Crafts Codeapplies in addition. Section 21 HwO refers to corresponding duties and definitions and, under certain conditions, also allows associations of businesses as training providers.
Requirements for suitability as a training provider
Personal and professional suitability
The Vocational Training Act sets requirements for the suitability of the training provider:
- Professional suitability: According to Section 30 BBiG, the person or entity must have the necessary professional skills and knowledge.
- Personal suitability: A person is not allowed to provide training if they have a relevant criminal record or have committed serious violations of the BBiG (§ 29 BBiG).
Material and personnel suitability for training
In addition, it must be ensured that the training establishment has the necessary material resources (e.g., machines, materials) and sufficient skilled staff required to impart the training content.
Rights and obligations of the training provider
Training contract
The training provider is obliged to enter into a written Training contract training contract with the trainee (§ 10 BBiG). At a minimum, it must specify details such as the training occupation, training objective, start and duration of training, remuneration, and vacation entitlement.
Obligations in the training relationship
Pursuant to Section 14 BBiG, the training provider is, in particular, obliged to
- carry out the training in such a way that the training objective can be achieved within the intended period,
- provide the trainee with all training materials free of charge,
- require the trainee to attend vocational school and to keep training records,
- ensure the timing and content of the training according to the training plan,
- fulfill the necessary duty of supervision,
- and ensure the protection and welfare of the trainees.
Supervisory and participation obligations
The competent bodies, usually the chambers of industry and commerce or chambers of crafts, monitor whether the training provider fulfills their duties. They also check, among other things, the suitability of the company and the provider, review contracts, and act as contact points in case of conflicts.
Difference between training provider and trainer
Der Training provider bears the legal responsibility for the training relationship. The trainer is usually the employed or appointed person who actually carries out the practical training in the company. A training provider may appoint one or more trainers but remains responsible for compliance with legal requirements at all times.
Termination and liability
Termination of training and dismissal
The training relationship generally ends upon passing the final examination, but at the latest at the end of the agreed training period (§ 21 BBiG). The training provider may terminate the relationship without notice or with notice during the probationary period in exceptional cases (§ 22 BBiG).
Liability of the training provider
The training provider is liable for damages arising from a breach of their training duties. Furthermore, they are responsible for properly issuing training certificates and for proper conduct in matters of liability in relation to chambers, authorities, and trainees.
Special cases and particularities
Joint training
Several training companies may form a training consortium (§ 10(5) BBiG). Training institutions outside the company may also be used for parts of the training, but remain organizationally assigned to the training provider.
Public institutions as training providers
Authorities, agencies, public law corporations, and other comparable institutions may also act as training providers, provided that they meet the legal requirements.
Literature and additional sources
- Vocational Training Act (BBiG)
- Crafts Code (HwO)
- Commercial Code (HGB)
- Training regulations for the respective training occupations
- Information materials from chambers of industry and commerce
- Vocational training manuals and relevant commentaries
Summary
Der Training provider is a key constant of the dual vocational training system in Germany and bears both the legal and actual responsibility for imparting the skills, knowledge, and competencies required for each occupational profile. The statutory requirements ensure the quality of training, protect the rights of trainees, and guarantee the sustainable development of the next generation of professionals.
Frequently Asked Questions
What legal requirements must a training provider meet?
A training provider must meet certain requirements according to the Vocational Training Act (BBiG) in order to legally hire and train trainees. On the one hand, the company or person must possess personal reliability, meaning, in particular, that there is no final conviction for a crime that would call training suitability into question (§ 29 BBiG). In addition, the company must meet material and personnel requirements: This includes suitable training facilities capable of imparting all required professional skills, knowledge, and competencies in accordance with the training regulation (§ 27 ff. BBiG). The training provider must also ensure that sufficiently qualified training staff with the necessary professional and vocational pedagogical qualifications (e.g., according to the Trainer Aptitude Regulation, AEVO) are available.
What obligations does a training provider have during the training relationship?
The training provider is legally required to impart to the trainee all knowledge and skills specified in the training plan. They have a duty of care, i.e., they must respect and promote the trainee’s personality and ensure that the trainee is not endangered physically or morally (§ 14 BBiG). Furthermore, the provider must check training records, provide a training plan, give the trainee sufficient opportunity to attend vocational school, and foster achievement of the training objective by granting appropriate time off and support during exams. An essential obligation is also the payment of the contractually agreed training allowance.
What rights does a training provider have with respect to the trainee?
A training provider has the right to require from the trainee the obligations agreed upon in the training contract, in particular, attentive participation in training measures, the keeping of report books, and compliance with company rules and instructions, as far as these serve the training. The provider may also terminate the training relationship extraordinarily after a written warning in the event of breaches of duty (e.g., unexcused absences, theft, serious violations of company rules) under the terms of the BBiG and the Protection against Dismissal Act (§ 22 BBiG).
Who is liable for damages caused by trainees?
In a legal context, the training provider is generally liable for damages caused by trainees during their employment, unless the trainee acted intentionally or with gross negligence. According to Section 14(1) No. 5 BBiG, the training provider is responsible for occupational safety and accident prevention measures. Damages are usually covered by the company’s liability insurance; however, in cases of gross negligence or intent, the trainee may also be personally liable (§ 823 BGB in conjunction with § 19 BBiG).
May a training provider terminate training prematurely?
The training provider may only terminate the training relationship without notice and for good cause (§ 22 BBiG). Good cause includes, for example, serious breaches of duty by the trainee or permanent unsuitability for vocational training. Ordinary termination after the probationary period by the provider is legally excluded; before the end of the probationary period, ordinary termination without giving reasons is possible by both parties.
What co-determination rights does the works council have regarding training providers?
The works council has a right of co-determination under Section 99 of the Works Constitution Act (BetrVG) regarding the hiring and selection of those training providers who are directly responsible for instructing trainees. Furthermore, the works council must be involved in company regulations related to the type and conduct of vocational training (§ 98 BetrVG). This includes, for example, measures to improve training conditions or the introduction of new training positions and training regulations.
What documentation obligations does the training provider have?
The training provider is required to document the conclusion, essential content, and changes of the training contract in written form (§ 11 BBiG). In addition, training records (report books) must be kept and reviewed regularly. At the end of training, the provider must issue a qualified reference upon request (§ 16 BBiG). Further, there is an obligation to retain training records, examination documents, and relevant documents for the period prescribed by the relevant chamber.
