Concept and legal foundations of vocational retraining
Die vocational retraining is a central term in German vocational training law and refers to a targeted qualification measure that enables a person to take up a new professional activity and is thus to be distinguished from initial training and further training. In the German legal system, retraining is specifically regulated in the Social Code Book III (SGB III), the Vocational Training Act (BBiG), and other relevant regulations.
Definition
Vocational retraining is any training that aims at a different recognized occupation than the one originally learned, provided that adults can thereby acquire a qualified professional qualification or significantly improve their career prospects. Retraining can be of a company-based, external, school-based, or inter-company nature.
Legal foundations of retraining
Regulations in the Vocational Training Act (BBiG)
The Vocational Training Act (BBiG) defines in § 1 para. 5 and especially in Section 3 (Further Training and Retraining) the prerequisites and procedure of retraining. § 60 BBiG emphasizes that retraining measures prepare for a different occupation from the one in which the person was already trained.
Social Code Book – SGB III
Within the framework of employment promotion, SGB III regulates benefits for vocational further education, which also include vocational retraining. The central provisions here are § 81 SGB III (“Promotion of vocational further education”) and § 77 SGB III (“Benefits for participation in working life”). Retraining programs are particularly supported when they are necessary for reintegration into the labor market.
Requirements for funding under SGB III
- Endangerment of previous employment: The previous activity can no longer be carried out for health reasons or due to economic developments.
- Recognized qualification: The retraining must lead to a recognized professional qualification.
- Participation and suitability: The person must be suitable and willing to undergo retraining.
Implementation and forms of retraining
Types of retraining
A distinction has been made between internal and external retraining, as well as shortened and standard durations of the measure. The following forms are possible:
- Company-based retraining: Within a training company according to the BBiG.
- External retraining: Provided by educational service providers without a fixed training company.
- School-based retraining: At state-recognized vocational schools.
Retraining contract
The legal relationship between the retraining participant and the retraining company is governed by the retraining contract, which, similar to a training contract, includes rights and obligations (including remuneration, entitlement to leave, obligations to participate in examinations). The rules for contract design are set out in §§ 10, 11, 21 BBiG.
Rights and obligations during retraining
Remuneration and benefits
As a rule, there is an entitlement to remuneration from the retraining company during retraining in accordance with the applicable collective or company agreements. Additionally, subsistence allowance, travel expenses, and further benefits can be paid by the Employment Agency or other institutions, as regulated in §§ 66 et seq. SGB III.
Examinations and qualification
The Vocational Training Act provides for recognized examinations, usually conducted by the relevant chambers (e.g., Chamber of Industry and Commerce or Chamber of Crafts) according to §§ 37-50 BBiG. Upon successful completion, a qualification equivalent to that of a classical apprenticeship is issued.
Right of termination
The right of termination during retraining is regulated in § 22 BBiG. It differentiates between termination during the probationary period (immediate, without stating reasons) and after the probationary period (only for good cause without notice, or with notice period in the case of leaving the profession).
Legal differences with initial training and further training
While initial training constitutes the first imparting of basic professional skills, and further training serves to expand knowledge within the current occupational field, retraining is explicitly aimed at obtaining a new professional qualification outside the originally learned occupation.
Funding opportunities and cost bearers
Entities covering the costs
- Employment Agency and Jobcenter: According to SGB III and SGB II in cases of unemployment or impending unemployment.
- German Pension Insurance: For reduced earning capacity due to health limitations.
- Employers’ liability insurance associations: In cases of occupational accidents or occupational diseases.
Types of funding
Retraining costs (course fees, examination fees), travel expenses, childcare costs, as well as subsistence benefits (e.g. transitional allowance, unemployment benefits, subsistence allowance) can be funded.
Significance and purpose of retraining in the legal system
Vocational retraining measures are an important instrument of active labor market policy and an integral part of the social state principle. They serve to ensure the right to employment and contribute to the sustainable safeguarding of employability in a changing labor market.
Legal protection and equal treatment
All rights of classical apprenticeship apply correspondingly to retraining, for example regarding the Youth Employment Protection Act, maternity protection, disability law, and participation in working life. The equivalence guarantee (§ 1 para. 2 BBiG) ensures that a qualification obtained through retraining is equivalent to that of a regular vocational training.
This encyclopedia article provides a comprehensive overview of the legal aspects of vocational retraining in Germany, its statutory foundations, funding opportunities, implementation, and protective regulations.
Frequently Asked Questions
Who is entitled to vocational retraining under German law?
A claim to vocational retraining generally exists for persons who, due to health restrictions, can no longer practice their previous profession (e.g., due to illness or accident), or whose employment relationship can no longer be continued for operational reasons, such as dismissal due to the elimination of the workplace. According to § 81 SGB III, entitlement also depends on whether the retraining is necessary to significantly improve employment opportunities in the labor market. The Employment Agency, or in cases of disability the relevant integration office or the German Pension Insurance, individually examine whether the requirements such as lack of professional qualifications, health restrictions, or proven unemployment through no fault of one’s own are met. Another route is regulated within the framework of rehabilitation under SGB IX.
What legal bases govern the funding of vocational retraining?
The legal basis for funding is in particular the Third Book of the Social Code (SGB III) and the Ninth Book of the Social Code (SGB IX), which regulate measures for active labor market promotion and participation in working life. In SGB III, §§ 81 et seq. are the decisive legal sources; the instrument for promoting vocational further training, including retraining, is regulated there. For people with disabilities, there are sometimes additional regulations, which are summarized in SGB IX. Provisions from the Vocational Training Act (BBiG) regarding state recognition of qualifications and examination modalities may also be relevant.
What legal requirements apply to the course and duration of retraining?
The duration and process of retraining are legally determined by SGB III and, where applicable, by the BBiG. Normally, retraining lasts 24 months, but in exceptional cases—such as part-time or special circumstances—it may be shorter or longer. The Employment Agency or responsible funding institution must, at their discretion, examine the course quality (AZAV certification), the suitability of the educational institution, as well as access and job placement prospects (§ 81 paragraph 2 SGB III). During retraining, there is a legal entitlement to qualification, reimbursement of material costs, and possibly to further benefits such as travel allowance, childcare costs, or unemployment/transitional benefits (§§ 144 et seq. SGB III, §§ 49 et seq. SGB IX).
Are retraining participants entitled to unemployment benefits or other financial benefits?
Participants in funded retraining programs are entitled, according to § 144 SGB III, to continued payment of unemployment benefit (ALG I), provided there are entitlement periods. If there is no entitlement to ALG I, then under certain conditions, citizens’ allowance (SGB II) or, during participation in a rehabilitation measure, transitional allowance (SGB IX) may be provided. The cost carrier can also grant further benefits, such as coverage of course fees, travel expenses, accommodation and meal costs, as well as childcare (§§ 83, 85 SGB III).
What obligations to cooperate exist for retraining participants under SGB III?
Retraining participants are subject to extensive cooperation obligations under § 309 SGB III. This includes, in particular, the obligation to inform the provider of the retraining measure in good time about operational disruptions, illnesses, absences, or discontinuation. The Employment Agency must also be informed immediately of any changes that may be relevant to the provision of benefits, such as changes in personal circumstances or failing examinations. Violations of cooperation obligations can lead to reductions in benefits, clawbacks, or the complete loss of entitlement to support.
What legal options are available in the event of abandoning the retraining program?
If a funded retraining measure is discontinued, SGB III stipulates that further payment of financial benefits is generally discontinued. If there is a recognized important reason for the discontinuation (for example, unforeseen illness, serious family circumstances), a renewed entitlement to support for a later retraining measure may be considered. If retraining is abandoned without good reason, this may have a negative impact on future funding decisions (§ 66 SGB I). In case of doubt or dispute regarding the legality of discontinuation or withdrawal of benefits, there is a right to appeal and, if necessary, to file a claim with the social court.
