Local Court Osnabrück, March 11, 2015, Case No.: 2 Ca 431/14
The Vocational Training Act (BBiG) regulates the key aspects of a training relationship.
For a training institution to be deemed suitable, the type and setup of the training establishment must ensure that the trainee acquires the skills, abilities, and knowledge intended for their profession.
Additionally, the trainee should be able to gain initial professional experience in the company. Whether a company meets the required standards for training is determined by the relevant authorities, such as the Chamber of Industry and Commerce, Chamber of Crafts, Agricultural Chamber, or chambers of free professions.
In the case discussed by the Local Court Osnabrück, the court had to decide whether an employment relationship labeled as a training relationship was actually to be considered as such.
Facts of the Case::
The plaintiff had entered into a training contract to become a horse caretaker.
The plaintiff, an adult who had previously discontinued vocational training as an equestrian, signed a training contract with the defendant to become a so-called FN-certified horse caretaker.
This training was not a state-recognized vocational occupation. From the start of the contract, she was actually employed as a stable assistant with a 45-hour work week plus overtime.
This role involved heavy physical labor as well as preparing the horses. The training regulations for the FN-certified horse caretaker examination before the German Equestrian Federation e.V. required about two years of full-time experience in horse care within a riding or breeding establishment.
During the training period, the plaintiff did not attend vocational school, and the company was not a master craftsman’s establishment.
The defendant and her husband had formalized these training requirements into a „training relationship“ without actually conducting training according to a training plan. The plaintiff did not attend vocational school during her employment. Additionally, the defendant did not hold a master craftsman title, nor was there a master craftsman employed in the company. For a period of ten months, the plaintiff was paid €530.00 gross per month.
After termination, the employee sued for unpaid wages, arguing that no training had occurred.
On September 26, 2014, the defendant terminated the employment relationship with the plaintiff. The plaintiff filed a protection against dismissal lawsuit and also claimed €9,478.19, arguing that this amount represented the appropriate salary for the work performed.
Judgment of the Local Court Osnabrück:
Regarding the salary, the court agreed with the plaintiff.
The Local Court Osnabrück rejected the plaintiff’s protection against dismissal claim. The employment relationship was deemed null and void due to the plaintiff not receiving vocational training in a regulated training program within the defendant’s company.
Instead of training, a factual employment relationship had existed.
For the duration of the invalid contract, only a so-called factual employment relationship was present. In the future, the parties of a factual employment relationship could dissolve their relationship without the need for formal termination.
The €9,478.19 claimed would be owed to the plaintiff. For factual employment relationships, a fair remuneration must be applied. The court considered a gross hourly wage of €7.00 as appropriate for the role of a stable assistant.
The training contract was unlawful and thus void.
A training contract for a state non-recognized vocational occupation with a minor is void due to violation of a statutory prohibition according to § 4 para. 2 BBiG. For adults, an effective training relationship requires a proper training program. This requires the creation of a company training plan, which becomes part of the vocational training contract and to which the training performance should be aligned. If vocational training in such a regulated training program does not actually take place, the training contract is void.
Source: Local Court Osnabrück
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