Termination
"After the training you stay with us for two years — it's in the contract."
The training contract obliges you to stay at the company after qualifying.
§ 12 Abs. 1 BBiG
The boss may NOT do that
Such a clause is void — unless agreed voluntarily in the last six months.
Agreements that restrict your professional activity for the time after the training are void (§ 12 (1) BBiG). This includes stay-on clauses, non-compete clauses and "you may not go to a competitor". After your training you are free to choose where you work. The only exception: you voluntarily commit within the last six months of the training to enter into employment with your training company afterwards. A clause signed when the contract was concluded does not apply.
What the law says
§ 12 (1) BBiG – Void agreements
An agreement restricting trainees in their professional activity after the end of the training relationship is void. This does not apply if trainees commit within the last six months to enter into employment with the trainer afterwards.
What you can do
- You can ignore a stay-on clause in your training contract.
- If you get an offer in the last six months, check pay and duration calmly.
- Threats of repayment if you leave are also void (§ 12 (2) BBiG).
- Want to stay? Then negotiate the offer confidently.
More cases: Termination
- One more time and you're out!
- You're getting a warning!
- Just sign here…
- A reference? You don't need that!
- During the probationary period you can be sacked any time.
- Late once → dismissal without notice!
- Sue if you like, you don't stand a chance.
- Passed? Keep working for now, the contract will come later.
- You want to quit? It's not that easy.
- You're fired. — via WhatsApp
- Being kept on? You have no right to that.
- You're ill too often — we have to part ways.
- Pregnant during your training — that doesn't work here.
- The company is bankrupt — what happens to you?
- We're extending your probation by three months.