The coronavirus pandemic has been affecting our lives for over a year now. As this is unlikely to change significantly in the near future, we would like to provide you with an overview of the current regulations for trainees.
Many vocational schools are currently closed, and attempts are being made to compensate for this with online lessons. If this is not offered by the school, the trainee is obliged to attend the training company.
This raises the question of whether an apprentice can refuse to show up at work, given that there may be an increased risk of infection on the way to work or at the workplace. The answer is basically no. The potential risk is not a sufficient reason for apprentices to stay at home. It even goes so far that failure to show up without prior agreement constitutes a breach of the contractual and legal obligation to learn. In the worst case, this can lead to the apprentice no longer being admitted to the final exam.
One way to reduce the specific risk of infection in special cases would be to allow trainees to work (partly) from home. However, this is not the rule, as a trainer must be present in person to properly supervise the trainees. . However, due to the current circumstances, it is reasonable to allow trainees to work from home, provided that this is monitored, e.g., through constant email communication or video meetings.
Another option would be to put the trainees on short-time work—this is not easy to implement, as a company must fulfill its training obligations and, if this cannot be guaranteed, the trainee may, in the worst case, be entitled to compensation from the companythe company (e.g., if they were unable to receive any or very little training). Only when all other options have been exhausted (e.g., transfer to another department, bringing forward other learning content, etc.) is it permissible to place the trainee on short-time work. If short-time work is subsequently ordered, the trainee is entitled to full training remuneration for the next six weeks.
Under special circumstances, trainees may be sent on vacation in individual cases. However, this is difficult to implement, as employers can only order company vacations within the scope of their managerial authority. However, this regulation does not allow the entire annual vacation to be taken.
Many trainees are currently also worried about their jobs and their future at the company. However, an apprentice cannot be dismissed "just like that" in the event of (imminent) insolvency. This is only possible if the training company comes to a complete standstill for a longer period of time and thus loses its suitability for training. In this case, no claim for damages can be asserted—however, the company is obliged to find a new training company for the apprentice in good time and in cooperation with the employment agency.
