Exams
"Failed? Tough, you're out."
You did not pass an exam — the company wants to end the training relationship immediately.
§ 21 Abs. 3 BBiG / § 37 BBiG
The boss may NOT do that
You have a right to a retake — the contract extends on request!
Anyone who does not pass the final exam can retake it twice (§ 37 (1) BBiG). At your request, the training relationship extends until the next retake exam, by a maximum of 1 year (§ 21 (3) BBiG). The company may not "throw you out" — the extension is your right. The allowance continues.
What the law says
§ 21 (3) BBiG – Termination
If the trainee does not pass the final exam, the training relationship extends at their request until the next possible retake exam, by a maximum of one year.
§ 37 (1) BBiG – Final exam
The final exam may be retaken twice.
What you can do
- Submit the extension request IN WRITING and BEFORE the regular end of training.
- During the extension: the full training allowance continues.
- Compulsory vocational schooling also remains — you may attend retake classes.
- Advice from the IHK/HWK is free — registration for the retake also runs through them.
Email template for your trainer
Subject: Extension of the training relationship under § 21 (3) BBiG
Dear [name of trainer],
unfortunately I did not pass the final exam on [date]. I intend to retake the exam at the next possible date.
I hereby apply, under § 21 (3) BBiG, for an extension of my training relationship until the next retake exam, but by no more than one year.
I kindly ask for written confirmation.
Kind regards
[Your name]