Tarifvertrag Für Auszubildende Des öffentlichen Dienstes

The Tarifvertrag für Auszubildende des öffentlichen Dienstes (TVAöD) – or Collective Agreement for Trainees in Public Service – is a crucial document for anyone undertaking vocational training (Ausbildung) within the German public sector. This comprehensive agreement governs the terms and conditions of employment for trainees, ensuring fair treatment, adequate compensation, and a structured path to professional development. This article provides a clear and practical overview of the TVAöD, particularly useful for expats, newcomers to Germany, or anyone unfamiliar with the intricacies of the German public service.

What is the TVAöD?

The TVAöD is a collective bargaining agreement (Tarifvertrag) negotiated between trade unions and employer associations representing public service employers at the federal (Bund) and municipal (Kommunen) levels. It applies to a wide range of training programs offered within public administrations, hospitals, universities, and other public institutions. The agreement is regularly updated to reflect changes in legislation, economic conditions, and the evolving needs of both trainees and employers.

Key takeaway: The TVAöD provides a standardized framework for the Ausbildung experience within the public sector, offering trainees legal security and predictable working conditions.

Who is Covered by the TVAöD?

The TVAöD typically applies to individuals undertaking vocational training programs (Ausbildung) that are officially recognized under the German Vocational Training Act (Berufsbildungsgesetz – BBiG). This includes a wide array of professions, from administrative roles and IT specialists to healthcare professionals and skilled trades. However, it's crucial to verify that your specific training program falls under the scope of the TVAöD with your employer, as some exceptions may exist.

Important Note: The TVAöD primarily covers duale Ausbildung programs, which combine practical training within a company or institution with theoretical instruction at a vocational school (Berufsschule). Purely academic studies at universities (Universitäten) or universities of applied sciences (Fachhochschulen) are not covered.

Key Provisions of the TVAöD:

Remuneration (Ausbildungsvergütung):

One of the most significant aspects of the TVAöD is the regulation of trainee salaries. The agreement sets minimum monthly wages (Ausbildungsvergütung) that increase incrementally with each year of training. These wages are significantly higher than the minimum wage and are intended to provide trainees with a reasonable income during their apprenticeship. The exact amounts are adjusted periodically, typically annually, through collective bargaining negotiations. It's important to consult the current TVAöD or your employer to determine the specific wage scale applicable to your training program and year.

Example: As of the latest agreements, the monthly gross remuneration might be structured roughly as follows (these are indicative values and subject to change):

1st year of training: €1,068.26
2nd year of training: €1,118.20
3rd year of training: €1,164.02

Working Hours and Leave (Arbeitszeit und Urlaub):

The TVAöD stipulates the standard weekly working hours for trainees, which typically align with the standard working hours of full-time employees in the public sector (usually 39 or 40 hours per week). Overtime work is generally discouraged and, if necessary, must be compensated either with time off in lieu or with additional pay. The agreement also guarantees a minimum amount of paid annual leave (Urlaub), which is often around 30 days per year. The actual number of vacation days may vary depending on your age and the specific terms of the collective agreement.

Probation Period (Probezeit):

Most training contracts under the TVAöD include a probation period (Probezeit), typically lasting between one and six months. This period allows both the trainee and the employer to assess whether the training program is a good fit. During the probation period, the employment relationship can be terminated with a shorter notice period.

Training Content and Supervision (Ausbildungsinhalte und Betreuung):

The TVAöD emphasizes the importance of providing trainees with high-quality training that adheres to the officially recognized training curriculum (Ausbildungsrahmenplan) for their chosen profession. Employers are obligated to assign qualified trainers (Ausbilder) who can provide adequate supervision and guidance throughout the training program. Trainees have the right to request clarification or assistance if they feel that the training content is inadequate or if they are not receiving sufficient support.

Examination Preparation (Prüfungsvorbereitung):

The TVAöD recognizes the importance of adequate preparation for the final examination (Abschlussprüfung) at the end of the training program. Employers are required to provide trainees with sufficient time off and resources to prepare for the exam. This may include attending preparatory courses, completing practice exams, and receiving additional support from their trainers.

Travel Expenses (Fahrtkosten):

The TVAöD often includes provisions for reimbursement of travel expenses incurred by trainees in connection with their training. This may include expenses for traveling to the vocational school, attending external training courses, or performing work-related tasks at different locations. The specific details regarding travel expense reimbursement are typically outlined in the individual training contract or in internal guidelines issued by the employer.

Special Payments (Sonderzahlungen):

Depending on the specific TVAöD applicable and the region, trainees may be entitled to special payments such as a Christmas bonus (Weihnachtsgeld) or vacation bonus (Urlaubsgeld). These payments are typically a percentage of the monthly salary and are intended to provide trainees with additional financial support during the holiday season or during their annual vacation.

Termination of the Training Contract (Beendigung des Ausbildungsverhältnisses):

The TVAöD outlines the procedures for terminating the training contract, both by the trainee and the employer. During the probation period, the contract can be terminated with a shorter notice period. After the probation period, the contract can only be terminated for a valid reason (wichtiger Grund), such as gross misconduct or persistent violations of the training contract. Trainees who successfully complete their training program are typically offered a permanent employment contract (unbefristeter Arbeitsvertrag) by their employer, although there is no legal obligation to do so.

Entitlements after Completion of Training (Ansprüche nach Ausbildungsende):

Even after successfully completing the Ausbildung and passing the final exam, the TVAöD can still be relevant. Often, trainees are offered a position with the employing organization. While not guaranteed, many public sector employers prioritize hiring those who have successfully completed their Ausbildung within the organization. Furthermore, the skills and experience gained during the Ausbildung, regulated by the TVAöD, provide a solid foundation for future career advancement within the public service.

Where to Find the TVAöD:

The most up-to-date version of the TVAöD can typically be found on the websites of the relevant trade unions, such as ver.di (Vereinte Dienstleistungsgewerkschaft), or on the websites of employer associations representing public service employers. You can also request a copy of the TVAöD from your employer or from the works council (Betriebsrat) at your workplace. Using search engines with the keywords "TVAöD aktuell" is also a good way to find the latest version.

Tips for Trainees Covered by the TVAöD:

Read the agreement carefully: Familiarize yourself with the terms and conditions outlined in the TVAöD to understand your rights and obligations as a trainee.
Keep accurate records: Maintain records of your working hours, leave days, and any expenses incurred in connection with your training.
Communicate with your trainer: If you have any questions or concerns about your training, do not hesitate to communicate with your trainer or supervisor.
Seek advice from the works council: If you encounter any problems or disputes with your employer, contact the works council at your workplace for advice and support.
Join a trade union: Consider joining a trade union to protect your interests as a trainee and to stay informed about changes to the TVAöD.

Conclusion:

The Tarifvertrag für Auszubildende des öffentlichen Dienstes is a vital piece of legislation that protects the rights and interests of trainees within the German public sector. By understanding the key provisions of the TVAöD, trainees can ensure that they receive fair treatment, adequate compensation, and a structured path to professional development. For newcomers to Germany, understanding the TVAöD is a key step towards navigating the German vocational training system and building a successful career in the public service. Always consult the most current version of the agreement and seek clarification from relevant sources if needed. Knowing your rights is essential for a positive and rewarding Ausbildung experience.