Stations in Employment Law: Definition, Legal Foundations, and Significance
In the context of employment law, the term stations has a multifaceted meaning, ranging from training and internship periods to operational assignments and specific procedural processes. Consideration often occurs within the scope of vocational training, dual studies, and personnel development measures. Stations are also mentioned in judicial or collective bargaining contexts. The following provides a comprehensive overview of the various employment law aspects of the term.
1. Stations in the Context of Vocational Training
1.1 In-company and External Training Stations
Within the dual system of vocational training according to the Vocational Training Act (BBiG), stations the individual phases that trainees complete in different departments or areas of a company. The goal of these stations is to impart all the skills, knowledge, and abilities specified in the training curriculum. In addition, there may be external training phases, for example in training centers or with cooperation partners.
1.2 Legal Requirements for Training Stations
According to § 14 BBiG, the training company is obligated to train the apprentices in the various stations and to ensure that all required activities are covered. The training plan, which the company is obliged to hand over, specifies the order and duration of the individual stations. Compliance monitoring is carried out by the respective chambers and is regulated by law.
1.3 Duration and Documentation of Stations
The stations of vocational training must be scheduled so that the learning objectives of the training framework plan can be achieved. The seamless documentation is regularly done by training logs or training certificates, which record the respective stations and their content. Proper record-keeping is a prerequisite for admission to the final examination.
2. Stations within the Employment Relationship
2.1 Change of Station and Transfer
In a regular employment relationship, stations may stand for various assignment areas or fields of activity which employees go through in the company. Of particular legal relevance here is transfer (see § 106 German Trade Regulation Act – GewO), where the assignment of other areas of work amounts to a change of work station.
A right of transfer can arise from the employment contract, the collective agreement, or a works agreement. For permanent and significant changes to the stations, a notice of change may be required.
2.2 Co-determination and Participation Rights of the Works Council
Changes and allocation of stations are subject to co-determination if they affect organizational structure (§ 99 Works Constitution Act – BetrVG). Especially when introducing new stations or restructuring existing workplaces, the works council must be involved. Working conditions such as working hours, breaks, or shift patterns within the stations are also subject to co-determination (§ 87 Para. 1 Nos. 2 and 3 BetrVG).
3. Stations in Employment Law: Internship, Trainee Program, and More
3.1 Internship Stations
Internship positions are frequently divided into various stations to provide a comprehensive insight into the company. The legal provisions for internships arise from the BBiG, the Minimum Wage Act (MiLoG), and partly from the Vocational Training Act. The division and duration of individual internship stations must be made transparent and documented in the internship agreement.
3.2 Trainee Programs and In-Company Further Training
So-called trainee programs also typically consist of different stations. Here, junior staff are employed in several departments or areas in order to acquire a broad range of qualifications. Legal regulations are mainly found in the Proof of Employment Act (NachwG), which requires precise information about the processes, duration, and content of the stations. If the stations are accompanied by further training measures, the Vocational Training Act and, if applicable, industry-specific collective agreements may also apply.
4. Stations in Judicial Employment Law
4.1 Procedural Stations
In labor court proceedings, stations may refer to the successive steps from filing a lawsuit, conciliation hearing, chamber hearing, up to the announcement of the judgment. The individual stations are regulated in the Labor Court Act (ArbGG) and in the Code of Civil Procedure. The summons to the respective hearings, the conduct of the conciliation hearing, and the requirements for litigation are subject to clear legal provisions.
5. Relevance of Stations in Collective Bargaining and Collective Law Regulations
5.1 Classification of Stations in Collective Agreements
Some collective agreements define specific stations that an employee must complete in their company career to reach certain pay grades or qualifications. This usually involves a collectively agreed qualification advancement that can include both internal and external stations. The specific arrangements are stipulated in the respective collective agreement.
5.2 Selection and Evaluation of Stations
Collective agreement criteria often govern which stations are decisive for the recognition of years of employment, experience levels, or qualifications. In some industries, there are also special certification or recognition procedures for completed stations, especially in training or retraining programs.
6. Liability Regulations and Protective Provisions During Stations
6.1 Occupational Health and Duty of Care
During all stations as part of training, internships, or the trainee phase, the Occupational Health and Safety Act (ArbSchG) and the employer’s duty of care according to § 618 BGB apply. This means that health and accident protection must be ensured in every station. This also includes compliance with working time regulations, breaks, and rest periods.
6.2 Liability and Compensation for Damages
For damages caused during individual stations, the general principles of employee liability and the privilege of liability within the employment relationship apply. In the training relationship, special provisions of the BBiG must be observed.
7. Significance of Stations for the Employment Relationship and Personnel Development
7.1 Proof and Documentation Requirements
For all stations, especially within the context of training or accompanying programs, there are strict documentation and verification obligations. These form the basis for certificates of completion, references, as well as future career development.
7.2 Relevance for Promotion and Career Planning
Stations within a company are often a necessary prerequisite for career advancement or the assignment of further responsibilities. The successful completion of documented stations has a positive impact on personal and company development.
Summary
The term stations is of central importance in employment law and applies to vocational training, trainee, internship and further training programs, as well as in operational processes and entire procedural structures. The respective legal regulations serve to protect those involved, ensure transparency and fairness, and support structured personnel development. Careful planning, execution, and documentation of the individual stations is indispensable and regulated in numerous laws, ordinances, and collective agreements. By taking all legally relevant aspects into account, stations make a significant contribution to ensuring qualification, employability, and business success.
Frequently Asked Questions
When does an employment relationship arise during the period of stations?
An employment relationship in stationary sections, such as during legal clerkships or training, fundamentally arises through the conclusion of an employment contract between the trainee or legal clerk and the respective employer (training establishment, placement institution). Legally, it depends on whether a private-law contract in the sense of §§ 611a ff. BGB has been concluded, which provides for personal dependence and integration into the company’s organization. The mere assignment of a station within the scope of training does not in itself establish an employment relationship. The decisive factor is whether actual work is performed in return for remuneration, especially if additional responsibilities go beyond the classic training obligation, such as independent file handling with third-party effect or independent external representation. Frequently, stations in legal clerkships or mandatory internships constitute public-law training relationships, which are subject to different legal provisions. Whether an employment relationship exists alongside this always depends on the specific case and the structure of the station.
Which employment law protection provisions apply during stations?
During the period of a station, regardless of whether as a trainee, intern, or apprentice, various employment law protection provisions may apply. These include in particular the Working Hours Act (ArbZG), the Federal Leave Act (BUrlG), and the Employment Protection Act (KSchG), provided an employment relationship in the legal sense exists. Especially for mandatory internships or training stations, specific regulations often apply, such as the Vocational Training Act (BBiG), the JAO of the federal states, or civil service laws for publicly-structured stations. In actual employment relationships, the Continued Payment of Wages Act (EFZG) in the event of illness and the Minimum Wage Act (MiLoG) may also apply. In contrast, for public-law legal relationships, any civil service or public law provisions must be observed, which exist independently of classic employment law.
How are remuneration and expense allowances treated legally?
From an employment law perspective, the treatment of remuneration and expense allowances depends largely on whether there is an actual employment relationship or merely a training or internship situation. If an employment contract within the meaning of § 611a BGB exists, the person completing the station is generally entitled to appropriate remuneration (§ 612 BGB), unless this has been explicitly excluded. In legal clerkships or mandatory internships, however, remuneration is generally not owed; at most, an expense or subsistence allowance may be granted, which is regulated in public-law provisions (e.g., JAG/JAPrO of the federal states). For voluntary internships, the Minimum Wage Act may apply, provided the internship lasts longer than three months and is not a mandatory internship. The decisive factor is always the contractual basis and the relevant statutory regulation.
What must be observed regarding liability during stations under employment law?
Questions of liability during a station must be assessed differently in employment law. For employed persons completing stations (e.g., legal clerks with an employment contract), the three-stage liability system developed for employees applies: they are not liable for slight negligence, are partially liable for normal negligence, and are fully liable for gross negligence or intent. For public-law stations, such as civil servants on revocable probation, civil service liability rules apply. Furthermore, the employer is generally liable for damages to third parties under § 278 BGB (vicarious agent). It is important that in training or internship relationships, increased supervisory duties and instructions from the trainer apply; independent liability is usually restricted to particularly serious mistakes.
How is the right to issue instructions regulated during stations?
The right to issue instructions during a station arises under employment law from § 106 GewO, provided an employment relationship exists. The employer may determine the nature, location, and time of work in accordance with equitable discretion. In training or internship stations, the right to issue instructions relates to the provision of training content, with tasks to be assigned so that they correspond to the purpose and level of training. In legal clerkships or mandatory public-law stations, the right to issue instructions is often exercised by the selection of trainers and assignment decisions, but remains limited to training objectives. For practical assignments, tasks must not go beyond the scope of the respective training regulations, otherwise a de facto employment relationship may arise.
What employment law obligations does the station facility have?
The station facility has to fulfill a wide range of employment law obligations, possibly arising from both the relevant training contract and employment law. The main obligations include ensuring proper training or employment, in particular regular instruction and supervision. The facility is obliged to comply with occupational health and safety laws, must ensure workplace safety, data protection, and compliance with statutory notification duties (e.g., social security). It may not assign trainees to tasks foreign to the profession, must document working hours, and grant statutory vacation entitlements. In addition, a proof-of-employment-compliant employment or training contract must be issued if the Proof of Employment Act (NachwG) applies.
What termination regulations apply during a station?
The termination options during a station depend on the legal nature of the underlying relationship. For employment relationships, §§ 622 BGB and where applicable the Employment Protection Act (KSchG) after six months of employment and more than ten employees apply. During a probation period, notice may be given with a shortened period. Training contracts are subject to special termination provisions of the Vocational Training Act (§§ 22, 23 BBiG), according to which termination may be without notice during the probation period and thereafter only for good cause. In public-law legal clerkships, the conditions for dissolution by the employer are laid down in the respective laws/regulations and are often tied to the occurrence of a serious breach of duty or definitive failure of the training. An ordinary employer’s reason for termination, such as operational reasons, is generally not applicable.