Being taken on after training: entitlement and fixed terms

The training relationship ends when the training period expires or the final exam is passed. There is generally no general entitlement to being taken on. But there are important exceptions and constellations in which an employment relationship arises.

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The vocational training relationship ends when the final exam is passed or the agreed training period ends (§ 21 BBiG). If you are employed afterward without anything being agreed, a permanent employment relationship can arise (§ 24 BBiG).

Members of the youth and trainee representation have a special entitlement to being taken on under certain conditions. Collective agreements and works agreements can also contain rules on being taken on.

What you should do now

1
1. Check agreements
See whether a collective agreement, works agreement or commitments regulate being taken on.
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2. Watch continued work
If you keep working after the exam, clarify the status, otherwise a permanent contract can arise.
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3. Use special cases
As a member of the youth and trainee representation you can demand being taken on.
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4. Clarify in writing
Ask in time for a written statement on being taken on and secure evidence.

How to spot the scam

You keep working after the exam without the status being clarified.
A commitment to be taken on is given only orally.
A fixed-term follow-on contract is meant to be extended several times without an objective reason.

Frequently asked questions

Am I automatically taken on after the training?

No, there is generally no general entitlement to being taken on. The training relationship ends with the passed exam or the expiry of the training period. Exceptions result from collective agreements, works agreements or special rules.

What happens if I simply keep working after the exam?

If you are employed following the training without anything else being expressly agreed, a permanent employment relationship can arise (§ 24 BBiG). That is why the status should be clarified before continued work.

Do trainee representatives have an entitlement to be taken on?

Members of the youth and trainee representation as well as the works council can under certain conditions demand to be taken on into a permanent employment relationship. They must assert the entitlement within the deadline.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.