Carrying a lot of personal responsibility and being a valued member of the team: trainees are happy when they are taken seriously. But does that mean that they too have to stay longer if there is overtime?
As a rule, overtime is not allowed. The duration of the training as well as the daily and weekly training time are agreed in the training contract – and they are designed in such a way that they are sufficient to convey the learning content. “Then overtime isn’t really an option,” says Jürgen Markowski, a specialist lawyer for labor law in Offenburg.
The crux of the matter: An apprenticeship is not an employment relationship. “The focus must be on training,” says Markowski. As a result, trainees are generally not obliged to work overtime.
Overtime only permitted for training purposes
But there can be exceptions. For example, if regulations in a company agreement or in the collective agreement also allow overtime. »Then there can also be working hours in the apprenticeship that go beyond the regular working hours.«
According to specialist lawyer Markowski, it is crucial that these hours serve the purpose of training. “And that’s why someone has to be there at the same time who is responsible for the training.” That means the trainer has to accompany and monitor the longer training period. Putting trainees to work on a machine and having them work overtime to finish an order is therefore not an option.
If the company demands this without a basis in a company agreement or in the collective agreement, trainees can refuse. From a purely legal point of view, no warning or dismissal may then threaten. “But of course it’s always a bit difficult for the young people to say to the boss at this point: “I’m not doing that,”” Markowski qualifies. Here it is important that works councils or youth and trainee representatives – if they exist in the company – ensure that the regulations are observed.
Time off in lieu for overtime
If it does happen that more work has to be done, then according to Markowski, the overtime must be remunerated. Time off in lieu is also possible. That’s what the law says. “There are only surcharges if the applicable collective agreements provide for them,” says the specialist lawyer. And in any case, the statutory maximum working time must also be observed in the case of overtime.
About the person: Jürgen Markowski is a specialist lawyer for labor law in Offenburg and a member of the executive committee of the labor law working group in the German Lawyers’ Association (DAV).
BBiG: Remuneration entitlement
© dpa-infocom, dpa:220617-99-702202/2
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