Source: BUS Sachsen-Anhalt (Linie6Plus)

Appeal to the arbitration committee for disputes arising from vocational training relationships

Description

In some training relationships, disputes may arise between the person providing training and the trainee. This may concern the following issues, for example

Legality of dismissals
warnings
remuneration
absences
Training content

In order to settle such disputes, chambers or competent bodies can form arbitration committees. If such a committee exists, you must turn to it before filing a complaint with the labor court.

Arbitration committees are made up of equal numbers of employers and employees and hear the parties involved orally.

The procedure can end with the following results

a settlement
an arbitration award
a default award
a finding that neither an agreement nor an award was possible
withdrawal of the application by the applicant

If the award made by the conciliation committee is not accepted by both parties within one week, an action may be brought before the competent labor court within two weeks of the award being made.

The following will be enforced:

Awards that have been recognized by both parties
Settlements that were concluded prior to the exclusion of arbitration

This applies if they have been declared enforceable by a labor court.

Required documents

If applicable, copies of the documents that are relevant to the dispute. For example, letters of dismissal or warnings, payslips, time sheets, etc.

Fees (costs)

Appeals to the arbitration committee are free of charge.

Deadlines

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.

Processing time

The processing time depends on the regional office responsible.

Responsible body

Contact the office responsible for your vocational training. In Saxony-Anhalt this can be

the craft guilds in the craft sector,
the Chamber of Industry and Commerce for vocational training in non-trade occupations,
the State Administration Office for vocational training in agricultural and domestic professions
the Chamber of Lawyers, the Chamber of Patent Attorneys and the Chamber of Notaries as well as the Notary's Office for vocational training in their respective fields for legal professionals,
the Chamber of Auditors and the Chamber of Tax Consultants for vocational training in their respective fields of auditing and tax consultancy,
the Chambers of Physicians, Dentists, Veterinarians and Pharmacists for vocational training in their respective areas for healthcare professionals.

There are other competent bodies, for example for bodies in the area of public law and the churches.

Procedure

As an apprentice or trainee, 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 justify why you are consulting 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 award,
- the determination 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 and settlements that were concluded prior to the exclusion of arbitration will be enforced if they have been declared enforceable by a labour court.