Schlichtungsverfahren bei Streitigkeiten aus Berufsbildungsverhältnissen Anmeldung
Inhalt
Begriffe im Kontext
- Bildungswesen in einem anderen Mitgliedstaat, einschließlich der frühkindlichen Betreuung, Bildung und Erziehung, der Primar- und Sekundarschulbildung, der Hochschulbildung und der Erwachsenenbildung
- Berufsausbildung (1030200)
- Außergerichtliche Verfahren und Streitschlichtung (1150100)
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If you wish to make use of an arbitration procedure before an arbitration committee for disputes arising from vocational training relationships, you must submit an application.
Arbitration committees can be set up at the individual chambers or the relevant competent body to settle disputes between trainers and trainees.
You must always contact the conciliation committees before taking the matter to the labor court. The conciliation committees are made up of equal numbers of employers and employees and hear the parties involved orally.
The proceedings can end with
- a settlement,
- an arbitration award,
- a default award,
- a finding that neither an agreement nor an award was possible,
- or by the withdrawal of the application by the applicant.
Awards that have been recognized by both sides, as well as settlements that were concluded prior to the exclusion of arbitration, are enforced. This applies if they have been declared enforceable by a labor court.
If applicable, copies of the documents that are relevant to the dispute. For example, letters of termination or warning, payslips, time sheets, etc.
As a trainee or apprentice, you can call on an arbitration committee to resolve disputes arising from vocational training relationships if your competent body has set up an arbitration committee.
- You submit an application in which you explain why you are calling on the arbitration committee.
- Together with the application, you submit any documents that show the reason for the dispute.
- You will be summoned to appear before the arbitration committee and present your case orally.
- The arbitration committee concludes the proceedings by
- a settlement,
- an arbitration award,
- a default judgment,
- a finding that neither an agreement nor an award was possible,
- or by the withdrawal of the application by the applicant
- If the arbitration award is not recognized, both parties may file an action before the competent labour court within 2 weeks.
Awards that have been recognized by both parties, as well as settlements that were concluded prior to the exclusion of arbitration, are enforced if they have been declared enforceable by a labour court.
You must accept the arbitration award within one week. If not, a complaint can be filed with a competent labor court within 2 weeks. The action can be filed by either party.
- Conciliation procedure for disputes arising from vocational training relationships Registration
- Competent bodies can form conciliation committees
- Equal representation of employers and employees in committees
- The application to the competent body must include a justification for conciliation proceedings
- Oral hearing of the parties before the committee
- Action before labour court possible within two weeks if award of the committee not recognized by both parties within one week
- Recognized awards and settlements are enforced
- Competent: usually a competent chamber
- Exception: otherwise determined by the state or federal government
- Exception: training has taken place within the jurisdiction of the public service or religious communities under public law
Contact the chamber responsible for your vocational training. This can be
- the Chamber of Industry and Commerce for vocational training in non-trade occupations,
- the Chamber of Agriculture for vocational training in agricultural and rural domestic professions
- the Chamber of Lawyers, Patent Attorneys and Notaries as well as the Notary's Office for the vocational training of specialists in the field of law,
- the Chamber of Auditors and the Chamber of Tax Consultants for the vocational training of professionals in the field of auditing and tax consultancy,
- the Chambers of Physicians, Dentists, Veterinarians and Pharmacists for the vocational training of healthcare professionals.
There are other competent bodies,for example for bodies in the area of public law and the churches.