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End of the apprenticeship

Normally, your apprenticeship ends on the date specified in the apprenticeship contract. However, it can also be terminated prematurely. 

Yes. The following options can lead to the termination of your apprenticeship:

  • During the three-month probationary period , the apprenticeship can be terminated by you or your instructor without giving reasons. 

  • The apprenticeship can be terminated by you or your instructor for good cause . 

    Important reasons for your instructor are, for example, unexcused absenteeism (truancy) from vocational school despite repeated recent warnings, unauthorized leaving of the workplace when other criteria are added (e.g. repeated admonitions in this regard, non-commencement of work despite setting a grace period), or theft.

    Note: Despite the existence of an important reason, the apprenticeship may not be terminated if it is reasonable for the person entitled to teach to maintain it, for example due to the intensity of guilt, age, a possible predicament or a small remaining "apprenticeship period". 

    Important reasons for you are, for example, not (fully) paid remuneration despite a reminder, giving up the teaching profession, health reasons or physical or psychological violence. 

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  • You or your instructor can terminate the apprenticeship at  the end of the 12th month in your first year of apprenticeship or at the end of the 24th month in your second year of apprenticeship. A deadline of one month must be observed. Your instructor must follow a certain procedure (mediation procedure) for this type of dissolution.

    Note: If you give up the apprenticeship completely, you can unilaterally terminate the apprenticeship immediately without notice. 

  • The apprenticeship can also be terminated by mutual agreement  . For this purpose, a so-called confirmation of instruction by the Chamber of Labour or by a labour and social court is necessary. You are not obliged to sign a dissolution by mutual agreement just because the person entitled to teach demands it!

 

If your apprenticeship is terminated prematurely, this must always be done in writing. If the apprenticeship is terminated by you or by mutual agreement and you are still a minor, then the consent of your legal representative is required.

TIP: Dissolving an apprenticeship is often a delicate matter and not always easy. Let the vida youth advise you!

If your apprenticeship is terminated, contact the Public Employment Service immediately so that you can be found a replacement training place and complete your training.

You must also register with the Public Employment Service immediately after the end of the apprenticeship for unemployment benefits, as retroactive payment of unemployment benefits is usually not possible.

If the Public Employment Service cannot find you a (new) apprenticeship, there is the possibility of completing an inter-company apprenticeship .

No. If you are called up for military service, training or civilian service, you have special protection against dismissal and dismissal. 

The prerequisite for this is that you inform your employer immediately. From this point on, the employment relationship cannot usually be terminated by your employer until the end of one month after the end of your military service, training or civilian service. 

If you are called up during the period of continued employment, it will be interrupted for the duration of your military service, training or civilian service. 

Work must be resumed within 6 working days after the end of military service, training or civilian service. Otherwise, this is a reason for dismissal for your employer.

In principle, your instructor with whom you end your apprenticeship must work for 3 more months in the profession you have learned.

If you have only completed half of the apprenticeship period or less in the company, your instructor is obliged to employ you for another 1.5 months. In some sectors, this period is extended by the collective agreement.

If you pass the final apprenticeship exam during the apprenticeship, your apprenticeship will also end on the Sunday of the week in which you took the exam. The retention period begins at the beginning of the next working week, which, in the absence of an agreement to the contrary, is an open-ended employment relationship. You are therefore also entitled to other remuneration (e.g. skilled worker wages).

In all other cases, the apprenticeship ends at the end of the apprenticeship stipulated in the apprenticeship contract.

During the retention period, the employment relationship can only be terminated in compliance with the statutory or collective agreement provisions. This possibility of termination does not exist if a fixed-term employment relationship has been agreed for the continued period of employment.

Do you have any questions? Get in touch with us!

Trade union vida youth department

+43 1 534 44 79 062
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