Termination of an apprenticeship in Germany: rights, deadlines and tips

Termination of an apprenticeship follows different rules than those in a standard employment relationship. The Vocational Training Act (Berufsbildungsgesetz, BBiG) gives special protection for apprentices. During the probationary period, the parties can terminate the contract at any time with no reason. But after that, employers cannot ordinarily dismiss an apprentice. Only dismissals without notice periods based on a serious reason are allowed. This article explains the legal framework around termination with or without notice periods, mutual termination agreements and more.

Key points at a glance

Protection against dismissal for apprentices

The Vocational Training Act (Berufsbildungsgesetz, BBiG) regulates the termination of an apprenticeship. The Act differentiates between terminations during and after the probation period: 

Termination during probation

Every apprenticeship has to start with a probation period, which must be at least one month and not longer than four months.¹ 

During the probation, the employer or the apprentice can terminate their relationship without any notice period and without giving any reasons.

The termination must be in writing, meaning on paper and signed by hand. A termination by mail, WhatsApp or similar means is invalid.

If there is a works council, the employer must consult it before terminating an apprenticeship. Otherwise the dismissal is invalid.

Further, the employer has to observe the special protection for dismissals in cases of pregnant employees and mothers who gave birth. Severely disabled employees, on the other hand, do not enjoy special protection during their first six months on the job. 

Termination after probation

Once probation is over, stricter rules apply:

• The employer or the apprentice can terminate the contract without notice (summary dismissal), if there is a serious reason (“wichtiger Grund”) “, which makes the continuation of the contract intolerable.
• Apprentices can only give ordinary notice, if they are giving up the vocational training altogether or switching to a different apprenticeship.² In this case the notice period is 4 weeks. It is not sufficient for such a notice, if the apprentice just wants to continue the same apprenticeship with another company.
• The employer cannot give ordinary notice after the probation period.

Summary dismissal by the employer

After the probation the employer can only issue a summary dismissal. 

A summary dismissal requires a serious reason (“wichtiger Grund”). There must be facts which make it unreasonable to continue the apprenticeship until the end of the required period. Here are some examples from the courts:  

• An apprentice insulted the employer on Facebook, calling the employer a “torturer and exploiter”. The summary dismissal was valid.³ 
• An apprentice repeatedly breached Covid-19 safety rules. The Labour Court decided that the dismissal has been invalid, as the employer did not issue written warnings and the apprenticeship was close to its end.⁴
• An apprentice was absent without excuse and tried to explain it as illness. But a social media post showed, he was not. The court accepted the summary dismissal in principle, but held that the employer could reasonably continue with the apprenticeship as it was shortly before the end of the training.⁵
• Criminal offences, physical assaults or harassment against colleagues.
• Regularly skipping vocational school classes.

The employer has to observe the following formalities when issuing a summary dismissal to an apprentice:

• The employer must issue the summary dismissal within two weeks of learning about the underlying facts. After that the dismissal is invalid.
• The summary dismissal has to be in writing and has to state the grounds.
• The employer must consult the works council.  
• The employer has to observe special protection for dismissals in certain cases.

Summary dismissal by the apprentice

The same requirements apply when an apprentice terminates the contract without notice period. Here a few examples from the courts:

• The employer refuses to train the apprentice.⁶ 
• The apprentice only gets tasks unrelated to the training.⁷ 
• Physical assaults or serious insults directed at the apprentice.
• The personal circumstances of a minor apprentice change and makes the finalization of the apprenticeship unreasonable. Example: the parents of a minor apprentice are moving to a distant location.
• The employer fails, despite a prior written warning, to pay a substantial part of the training allowance.⁸

Claiming damages after an apprenticeship terminates

When an apprenticeship ends prematurely after probation, either side can claim damages if the other side is at fault.⁹ 

The party must file a claim within three months of the termination.

Some examples:

• The employer has to provide proper training. If it breaches that duty, for example because no suitable trainers are available, and the apprentice issues a summary dismissal on that ground, the apprentice can claim the resulting losses. That includes the cost of finding a new apprenticeship (travel, accommodation, application costs etc.).¹⁰
• If an apprentice is purely used as cheap labour, they can claim the difference between the training allowance and the higher salary pay.¹¹ 

No damages can be claimed where an apprentice terminates the contract with an ordinary dismissal just because the apprentice wants to change professions.

Special rules for minors

Where the apprentice is under the age of 18, any termination requires the consent of the legal guardian (usually the parents). In case of an employer’ dismissal, the dismissal must be served on the legal guardian. Otherwise the termination is not effective.

Legal steps against a dismissal

If an apprentice wants to challenge a summary dismissal after the probation period, there are some specific requirements:

• The employer or the apprentice must first refer the dispute to an arbitration board (Schlichtungsstelle), usually at trade guilds (Handwerkskammern), chambers of commerce and industry (Industrie- und Handelskammer) or similar bodies. 
• The board must hear both sides in person. 
• In case the parties do not settle the matter voluntarily, the board must make a ruling (“Spruch”).
• Either side can accept the ruling within a week.
• If the parties do not accept it, the parties can refer the matter to the Labour Court within two weeks of the decision.¹²

Alternative: termination agreement

Where both sides realize that the apprenticeship simply isn’t working, a termination agreement is an alternative to a dismissal or resignation. The parties agree amicably to end the apprenticeship. The upside is that there are no deadlines and no reasons must be given. Though, after a termination agreement is signed, no action against a summary dismissal can be filed with the Labour Court.

Unemployment benefits after the termination of an apprenticeship

Apprentices are entitled to unemployment benefits. They must have paid contributions for at least 12 months over the past 30 months. You find more details what an apprentice has to do in our article “Registering as unemployed after a dismissal“.

The Employment Agency (Agentur für Arbeit) can impose a suspension (“Sperrzeit”) on unemployment benefits after a dismissal or a termination agreement. That means the benefit is reduced and payment will be delayed by up to 12 weeks. A suspension period can be avoided if there is good reason. It is advisable to clarify that beforehand with a lawyer or the Employment Agency.

Frequently asked questions (FAQ)

1. Section 20 BBiG ↩︎
2. Section 22 BBiG ↩︎
3. LAG Hamm 10.10.2012, 5 Sa 451/12 ↩︎
4. Arbeitsgericht Bonn 18.05.2022, 2 Ca 2082/21 ↩︎
5. LAG Rheinland-Pfalz 20.11.2018, 8 Sa 24/18 ↩︎
6. BAG 11.08.1987, 8 AZR 93/85 ↩︎
7. BAG 10.06.1976, 3 AZR 412/75 ↩︎
8. Arbeitsgericht Trier 15.08.2013, 3 Ca 403/13 ↩︎
9. Section 23 BBiG ↩︎
10. BAG 16.07.2013, 9 AZR 784/11 ↩︎
11. Arbeitsgericht Hamm 18.07.2013, 4 Ca 2365/12 ↩︎
12. Section 111 Arbeitsgerichtsgesetz ↩︎