Definition and Legal Foundations of Vocational School
Die Vocational School is a school institution of the dual vocational training system in Germany and many other countries. In addition to practical training in the workplace, it provides the essential general and specialized education to prepare trainees for the successful completion of their chosen occupations. The legal framework of vocational schools is mainly governed by federal and state laws.
Concept and Function of Vocational School
Vocational schools are institutions of vocational education and, together with training companies, form the core of the dual vocational training system modeled after the German system. They serve as compulsory schools for persons in recognized vocational training and are primarily aimed at adolescents and young adults.
Their statutory tasks include imparting occupation-specific expertise, social competence, as well as general education. The goal is to enable trainees to act independently in their profession, society, and private lives.
Legal Status and Sponsorship
Legal Foundations
The legal basis under German law derives from the Vocational Training Act (BBiG) as well as the respective State School Laws of the federal states. The Basic Law (GG), Article 7 para. 1, grants the states exclusive legislative jurisdiction over school matters, while federal law, especially Section 2 BBiG, provides for the coordination of vocational training and vocational school instruction.
Sponsorship
The sponsorship of vocational schools lies with the municipalities (counties, independent cities, or joint municipal associations) or the respective federal state. Responsibility and funding are largely regulated by the state school laws. Sponsorship includes, alongside building maintenance, the provision of teaching and learning materials, as well as administration.
School Supervision
Supervision of vocational schools is the responsibility of the respective federal state and is generally exercised by the state ministry for schools and education or the ministry of culture. In practice, direct supervision is carried out by regional school authorities or independent school boards.
Organization and Curricula
Enrollment and Vocational School Attendance Requirement
Attendance at vocational school is a central legal principle of the dual training system. It is regulated by state school laws and typically begins upon completion of compulsory full-time schooling or when entering into a training relationship. Compulsory vocational school attendance generally lasts for the duration of the initial vocational training and may extend up to the age of 21 or beyond, depending on the state.
Duration and Scope of Instruction
The time allocated for vocational school instruction is determined by training regulations and state law. Classes are held as part-time courses (usually 1-2 days per week) or as block instruction (multi-week instructional periods). Overall responsibility lies both with the training company and the vocational school.
Qualifications and Certificates
Vocational schools conclude with the issuance of certificates of completion and departure. These documents include grades for achievements in vocational school and are legally relevant certifications. The examination regulations are standardized in the state’s statutory provisions. The vocational school certificate is not equivalent to passing a chamber examination, but under certain circumstances, it may be recognized as evidence of a secondary school qualification.
Legal Relations in the Dual System
Obligations and Rights of Trainees
Attendance in vocational school classes is mandatory under Section 7 para. 1 BBiG and state school laws. Trainees are required to attend lessons regularly and punctually and fulfill all school-related obligations incumbent upon them. Violations may result in disciplinary action.
Rights and Obligations of Training Companies
Training companies are required to release trainees for attending vocational school (§ 15 BBiG). This time counts as working time. Companies may not require trainees to perform additional work for the company during vocational school lessons or on school days with significant class time (§ 15 para. 2 BBiG).
Relationship with Chamber Examinations and Other Institutions
Vocational school instruction prepares students for chamber examinations, which are taken before the relevant authority (Chamber of Industry and Commerce, Chamber of Crafts, etc.). The vocational school often coordinates examination content and schedules with these authorities but remains organisationally independent.
Special Features and Further Legal Aspects
Part-Time and Full-Time Options
In addition to the traditional part-time vocational school, there are special forms such as the vocational college and the upper vocational school. These are governed by separate legal provisions and generally serve to acquire additional qualifications or higher-level general education qualifications.
Inclusive and International Aspects
The right to inclusive education is recognized for vocational schools under the state school laws and the UN Convention on the Rights of Persons with Disabilities (UN CRPD). Legal requirements exist for the integration of students with disabilities as well as for foreign trainees, for example, regarding language support.
Data Protection and Supervisory Duties
The processing of personal data is subject to the requirements of the General Data Protection Regulation (GDPR) and additional state data protection laws. There are also special supervisory and welfare duties for underage trainees, whose legal basis is anchored in the relevant youth protection laws.
Cooperation with Training Companies and Other Educational Institutions
The vocational school cooperates closely with companies and other vocational education institutions within the legal framework. The aim is to coordinate training content and ensure a uniform standard of vocational education.
Summary
Vocational schools are comprehensively regulated institutions of the German education system and play a central role in the dual training system. The legal foundations are found in federal laws such as the Vocational Training Act and specific provisions of the state school laws. Vocational schools are under public sponsorship, enjoy special school supervision, and are embedded in a differentiated legal structure regarding data protection, supervisory duties, and inclusion. Through their organized structure and statutory requirements, they ensure the quality of vocational training and significantly promote the personal and societal development of trainees.
Frequently Asked Questions
Who is required to attend vocational school?
Vocational school attendance is legally regulated in Germany and generally applies to all young people who begin vocational training in the dual system after completing full-time compulsory education. Each state regulates the duration and scope of vocational school attendance in its school law, which often includes at least the first three years of training or up to the age of 18. Training without accompanying vocational school instruction is not permitted unless there is an equivalent school or vocational qualification, which must be recognized individually by the competent school authority. A violation of the vocational school attendance requirement can, depending on the state, constitute an administrative offense and may result in fines for trainees and, where applicable, also for legal guardians or training companies.
What legal obligations do trainees have regarding attendance at vocational school?
Trainees are obliged by the Vocational Training Act (§ 14 BBiG) and respective state laws to attend vocational school regularly and actively. Their obligations include not only mere presence but also active participation, adherence to school rules, and fulfillment of required achievements (e.g., interim examinations, record books, or other evidence of performance). Absences must, where necessary in coordination with the company, be properly excused and documented. Violations of these obligations can result in both school-related consequences (e.g., disciplinary measures) and consequences under the training contract (e.g., warning from the training company).
To what extent is the training company obligated to release trainees for vocational school instruction?
According to § 15 of the Vocational Training Act (BBiG) and the corresponding state laws, training companies are obliged to release trainees for attending vocational school. This release duty covers both actual vocational school instruction and mandatory school events directly related to it, such as project work or examinations. The training allowance continues to be paid during the release period as if the trainee were regularly working in the company. Company working hours may not be reduced or additionally burdened due to vocational school attendance. If vocational school instruction is held in blocks, it must be noted that in weeks with block instruction, no company working hours have to be performed if instruction meets or exceeds the regular weekly working hours.
What legal provisions apply to insurance coverage during vocational school?
While attending vocational school, including the direct route between home, training company, and school, trainees are legally insured against accidents. The legal basis is provided by Book Seven of the Social Code (SGB VII), according to which students and trainees are insured during all school-related activities by accident insurance bodies (e.g., accident insurance funds or municipal accident insurance associations). Coverage includes accidents during lessons as well as on the direct journey to and from school, participation in school events outside regular classes (e.g., excursions), and during breaks.
May trainees be required by the company to work during examinations held in vocational school?
No, the training company is legally obliged to release trainees for all examinations conducted as part of vocational school instruction (including interim, final, and additional examinations). In addition, Section 15 BBiG entitles trainees to paid leave on the working day immediately preceding the written final examination; they are not required to work in the company on this day. Requiring trainees to perform company duties during vocational school examinations is expressly prohibited and may constitute an administrative offense.
What legal consequences may result from repeated unjustified absences from vocational school?
Repeated unexcused absences can have a variety of legal consequences. Initially, schooling authorities may issue warnings, reprimands, or fines. Under training law, warnings may be issued by the company and, in the case of repeat or persistent breaches of duty, even immediate termination of the training contract may be justified. The obligations of trainees towards the vocational school form part of the training contract, and breaches can therefore result in direct contractual sanctions.
To what extent is the training company entitled to monitor absences from vocational school?
The training company is entitled by the vocational training contract and relevant legal regulations to monitor the trainee’s attendance at vocational school, since regular attendance is an essential contractual obligation. In practice, trainees are often required to present school certificates or attendance records. Companies may also inquire about days or hours missed from the vocational school if this is permitted and required under data protection law (Art. 6 GDPR). Schools may generally provide such information but must ensure that sensitive personal data is protected. Excessive monitoring or demands for private information (such as detailed reasons for illness) are not permitted.
