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Termination

"Being kept on? You have no right to that."

The end of your training is approaching and you do not know if you will be kept on.

§ 78a BetrVG / § 12 Abs. 1 BBiG / Tarifverträge

It depends …
Mostly true — except for JAV and works council members or under collective agreements.
There is no general right to be kept on: the training relationship ends when you pass the exam or at the end of the contract. Exceptions: if you are a member of the JAV, the works council or another employee representation, the company must tell you in writing three months before the end if it does not intend to keep you; if you request continued employment in writing in the last three months, a permanent employment relationship is deemed established (§ 78a BetrVG), unless a court decides otherwise. Many collective agreements (e.g. metal and electrical industry) provide for fixed-term retention. And: if you keep working after the end without an arrangement, you are permanently employed (§ 24 BBiG).

What the law says

§ 78a (2) BetrVG – Continued employment
If a trainee who is a member of the youth and trainee representation or the works council requests continued employment in writing within the last three months before the end, a permanent employment relationship is deemed established.
§ 12 (1) BBiG – Commitment
In the last six months of training, trainees can validly commit to entering into employment with the training company afterwards.

What you can do

  1. Ask about your chances no later than six months before the end.
  2. Check the collective agreement for a retention rule.
  3. As a JAV or works council member: request continued employment in writing in the last three months.
  4. Register as a job seeker with the employment agency no later than three months before the end.

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