Trainees are obliged to acquire all the knowledge and skills required for the training objective. To do this, they have to attend vocational school regularly, follow instructions, and carry them out carefully, keep the report booklet properly and, above all, learn.
Unfortunately, not all trainees adhere to the above. Obligations. This also leads to considerable internal difficulties. The termination of an apprenticeship without notice after the probationary period is also usually a major challenge. The following case should illustrate this:
One trainee was repeatedly unfriendly to guests, his behavior in the company was bold and his performance in the vocational school was poor. As a high point, he repeatedly violated an internal driving ban and caused property damage to a company vehicle. The training company then terminated the training relationship without notice.
The regional labor court in Frankfurt am Main complained that there was no warning before the termination was issued. The termination was therefore not justified. Such a court ruling is of course tragic for the training company.
How can you do it better?
The training company must find out exactly whether it is possible to terminate the training relationship in individual cases. After the trial period has expired, the apprenticeship can only be terminated prematurely for good cause. An important reason exists if the terminating party can no longer be expected.
- the continuation of the apprenticeship relationship until the end of the apprenticeship period
- taking into account all circumstances of the individual case
- and weighing the interests of both contracting parties
As a rule, the trainee must be warned before a notice of termination is given for behavior contrary to the contract. A termination without prior warning is only possible in the case of particularly serious breaches of duty. This only applies to extreme cases, for example, if a trainee becomes violent or specifically threatens violence. Even in the event of gross insult and racist behavior, termination of the training relationship without prior warning can be legally effective.
As a rule, as already explained, the training company must first show the trainee the “yellow card” and thus allow them to change their behavior.
As part of the warning, the employer should warn of the specific misconduct with a precise description, stating the date, time, and place. Typical errors in this context are keywords such as “disturbance of the company peace”, “unsustainable behavior” or “frequent lateness”. In this context, the actual incidents must be described in detail to justify these allegations.
If the behavior of the trainee does not improve, it is advisable to issue a second warning because the behavior contrary to the contract. If these warnings are relevant, this is a good starting point for terminating the apprenticeship without notice in the event of a recurrence.
- Two unexcused absent days in vocational school: first warning
- Three unexcused absent days in vocational school: second warning
- Two unexcused absent days in the company: the triggering factor for the one without notice Termination, because there is a similar behavior contrary to the contract.
In contrast to the termination, there is no deadline to be observed for the warning. For educational reasons, the warning should be given as closely as possible to the incident. The warning only becomes legally relevant when it is received by the trainee. In the case of underage trainees, access from the parents is decisive.