Amount of Training Remuneration
The amount of training remuneration is regulated by the Vocational Training Act (BBiG) and depends on the industry, the training occupation, and the training year. Generally, the remuneration increases with each year of training. For occupations not regulated by collective agreements, the statutory minimum remuneration applies, which is adjusted annually. Since 2020, there is a statutory minimum training remuneration for all new training contracts. This amounts to at least 620 euros in the first training year and increases in stages in the following years. However, in collective agreements, these amounts can be higher.
Collective and Statutory Regulations
In industries with collective agreements, the remuneration is determined by the collective agreement provisions. Collective agreements set minimum standards that must not be undercut. In these cases, the training contract must clearly specify the collective remuneration. In industries without collective agreements, the statutory minimum training remuneration applies. If a training company pays remuneration below the statutory or collective threshold, the contract can be declared invalid. Trainees have the right to claim the difference retroactively in such cases.
Adjustment of Remuneration During the Training Course
Training remuneration generally increases with each training year to honor the growing skills and knowledge of the trainee. This staggered increase must be clearly visible in the training contract. If a tariff change occurs during the training that affects the remuneration, training companies must adjust the remuneration. The increase in remuneration is mandatory, even if the existing contract stipulates lower remuneration. The company is obliged to inform the trainee in writing about changes in remuneration.
Payment Modalities and Due Dates
The remuneration must be transferred to the account specified by the trainee no later than the last working day of the month. This regulation ensures that the trainee can plan monthly expenses reliably. Cash payment of the remuneration is uncommon and should only be stated in the contract if no other option is available. The contract should also regulate whether there are additional payments such as Christmas bonuses, vacation pay, or bonuses and when they are due. In case of late payment, the trainee is entitled to default interest.
Surcharges and Additional Benefits
In addition to basic remuneration, the training contract can agree on additional benefits that exceed regular training remuneration. These include, for example, capital-forming benefits, travel expense allowances, or surcharges for overtime and shift work. A company pension scheme or meal allowances can also be part of the training remuneration. These additional benefits should be clearly specified in the contract, indicating their amount and due date to avoid misunderstandings.
Remuneration for Overtime
Overtime is generally only allowed for trainees in exceptional cases and must be compensated either through additional remuneration or through compensatory time off. The training contract should contain clear regulations on how to deal with overtime. Remuneration for overtime must not be lower than the regular training remuneration per hour. Trainees have the right to refuse overtime if it jeopardizes the training purpose or violates the regulations of the Youth Employment Protection Act.
Continued Payment of Remuneration in Case of Illness and Vacation
The trainee is entitled to continued payment of training remuneration in the event of illness or during vacation. In cases of illness, the trainee must notify the company immediately and provide a medical certificate no later than three days after. Continued payment occurs for a duration of up to six weeks. After that, sickness benefits are paid by the health insurance if the illness persists. The trainee receives full training remuneration during vacation. The continued payment also applies when the trainee participates in exams or school events.
Reduction of Remuneration
Reduction of remuneration is only permissible in rare exceptional cases. For example, training remuneration can be reduced if the trainee is absent without excuse or hinders the training through their fault. Such a reduction must be documented in writing in the contract or a separate agreement. Reductions due to illness or other excused absences are impermissible and violate legal regulations on continued remuneration. In case of dispute, the trainee can have the legality of a reduction reviewed in court.
Remuneration in Case of Training Termination
If a training relationship is terminated prematurely, the trainee is entitled to remuneration until the last working day. The company must pay the trainee the salary for the current month proportionally. If there are outstanding overtime compensations as part of the termination, this additional remuneration must also be considered. The trainee is entitled to a final certificate and any outstanding special payments, provided these were agreed upon in the contract. In case of termination during the probationary period, all performance delivered up to that point must be fully compensated.
Right to Back Payment
If it is subsequently determined that the remuneration was below the statutory or collective legal requirements, the trainee has the right to back payment. This claim only expires after three years, so the trainee can retroactively demand an adjustment. The company is obliged to pay the difference amounts even if the trainee has already left the company. There is also an obligation for back payment if errors in the billing were subsequently identified, such as incorrect calculation of overtime.
Impermissible Remuneration Agreements
It is impermissible to agree on remuneration in the training contract that does not meet the statutory minimum requirements. Agreements that stipulate repayment of training remuneration in case of failed exams or early training termination are also unlawful. The training company may not make impermissible deductions, such as for work clothing or materials, from the remuneration. Clauses that require the trainee to work overtime without additional remuneration are also impermissible and can render the entire contract void.
