Requirements for Contract Changes
A subsequent change to the training contract is only permissible if both parties – the trainee and the training company – explicitly agree to the adjustment. Changes may become necessary for various reasons, such as a change in the occupational training, a shortening of the training period, or an alteration of working hours. Every amendment must be documented in writing and signed by both parties. A unilateral change by the training company is generally not permissible and may lead to the ineffectiveness of the change.
Written Form and Documentation
All subsequent changes to the training contract must be made in writing to be legally effective. Verbal agreements are not sufficient and cannot later be enforced as binding. Each change must be drafted as an addition to the existing training contract and signed by both sides. The amendment agreement should clearly state which passages of the original contract are being changed and from when the changes are effective. The company is obligated to deposit the updated version of the contract with the trainee and the relevant chamber (e.g., IHK or HWK).
Changes to the Duration of Training
A shortening or extension of the training duration is one of the most common subsequent changes to the training contract. The duration of training can be shortened if, for example, the trainee already has relevant prior education or achieves exceptionally good performance. An extension may be necessary if the trainee is unable to meet the training goals within the standard period due to prolonged illness or a repeat examination. Such changes must be applied for and approved by the relevant chamber. The new training times must be clearly noted in the training contract.
Changes to the Place of Training
The training company can only change the place of training if this is specified in the contract or if mutual consent is given. A change of location may be necessary if the company relocates or if the trainee is to undergo training at a different branch. The change of place of training must be designed to ensure the quality of training remains intact and that the trainee does not experience disproportionate additional burdens (e.g., due to longer travel routes). The change must be added to the contract and reported to the relevant chamber. A unilateral assignment to a new training location is invalid.
Changes to the Training Occupation
A change in the training occupation can be easily accomplished during the probation period through a new training contract. After the probationary period, a change of occupation is only possible if both parties consent and the prior training can be credited. This change must be documented in both the contract and the training plan to ensure that the trainee acquires the necessary knowledge and skills in the new profession. The change of training occupation must also be reported to the relevant chamber and approved by them for the qualification in the new profession to be recognized.
Change of Training Compensation
The training compensation may be increased during the training program, for example, due to an adjustment to collective wage agreements. A reduction in compensation, however, is only permissible in exceptional cases and with the written consent of the trainee. Every change in remuneration must be clearly documented in the training contract and communicated to both the trainee and the relevant chamber. An unlawful change in remuneration that falls below the minimum wage or collective bargaining thresholds renders the change invalid and may have legal consequences.
Change of Working Hours
Changes in working hours, such as the introduction of shift work, shortened working hours, or adjustments due to part-time training, must also be added to the contract. Such changes are only permissible if they do not impair the training and if the trainee agrees. The working hours must continue to comply with legal regulations and may not exceed the agreed maximum duration. Each adjustment of working hours should be documented precisely to avoid misunderstandings and to ensure the legality of the change.
Withdrawal and Revocation Agreements
Some subsequent changes may be accompanied by specific withdrawal or revocation agreements. Such agreements regulate the conditions under which a change can be reversed, for example, in the case of a temporary reduction in working hours or a temporary change of training place. The withdrawal or revocation agreement must be documented in writing and signed by both contracting parties. This provides legal certainty for both sides and ensures that the original contract conditions can be restored.
Special Requirements for Minors
If the trainee is a minor, all changes to the training contract must additionally be approved by the legal guardians. Changes are not valid without the consent of the parents or guardians, especially concerning changes to working hours, training locations, or compensation. The training company is obligated to inform the legal representatives in a timely manner about the planned changes and to obtain their written consent. Each change must then be re-submitted to and approved by the relevant chamber.
Notification of the Relevant Chamber
Every change to the training contract must be reported to the relevant chamber (e.g., Chamber of Commerce or Chamber of Crafts). This serves to ensure that the training continues to meet legal requirements and that the training contract is recognized in its current form. The chamber checks whether the changes are legally permissible and whether the training company continues to meet the conditions. Without the chamber’s approval, a change may be considered invalid. The company is required to submit the amended version of the contract along with the corresponding change confirmations.
Invalid Contract Changes
There are certain changes that may not be made to the training contract, even if both parties agree. These include, for example, extending the probation period beyond the legal maximum duration of four months, reducing the legal minimum compensation, or removing vacation entitlements. Such invalid changes are automatically ineffective and may have legal consequences for the training company. In such cases, the trainee may demand a return to the original contract conditions and consult the relevant chamber for advice.
Legal Advice on Contract Changes
For complex changes to the training contract, such as changing the training occupation or significant alterations in training conditions, it is advisable to seek legal counsel. The relevant chamber, professional associations, or specialized lawyers for labor law can assist in ensuring that the changes comply with legal requirements. The trainee should carefully examine their rights and obligations before agreeing to contract changes and seek support if necessary. Any change made without legal review carries the risk of invalidity or legal disputes.
