Definition and Legal Basis of the Training Period
Die Training Period is a central component of the legal preparatory service (Referendariat) in Germany as part of the training to become a fully qualified lawyer. It serves as practical preparation for a career as a judge or public prosecutor and imparts the necessary practical skills within various legal professions. The statutory provisions governing the training period are primarily found in the German Judiciary Act (Deutsches Richtergesetz, DRiG) as well as in the training regulations of the individual federal states.
Legal Framework of the Training Period
German Judiciary Act (DRiG)
The fundamental provisions for the second stage of legal training are set out in Sections 5 et seq. DRiG. The DRiG provides for practical training after passing the first legal examination (formerly the first state exam). According to Section 5 (5) DRiG, training is predominantly conducted through practical work at courts, authorities, and other institutions.
State Regulations
The detailed structure of the training period is determined by the trainee lawyer training regulations of the federal states. These regulate the structure, procedure, content, and duration of each stage, as well as the rights and obligations of trainees and trainers. Despite a similar basic structure nationwide, there are state-specific differences in terms of organization, examination requirements, and timeframes.
Process and Content of the Training Period
Structure of the Training Period
The training period is typically divided into the following stages:
- Civil law stage: Placement at a district or regional court in civil matters.
- Criminal law stage: Training at a public prosecutor’s office, often followed by work at a criminal court.
- Administrative stage: Practical work at an administrative authority or administrative court.
- Attorney stage: Practical experience in a law firm.
- Elective stage: Specialization stage in a work area chosen according to individual interests.
The order of these stages, their duration, as well as the respective training content are determined by state law regulations.
Duties and Rights During the Training Period
Trainee lawyers are in a public-law training relationship with the respective federal state during their training period. They are subject to special official duties, in particular regular attendance, a duty of confidentiality, duty to accept assignments within permissible limits, and a duty of obedience to the trainer. At the same time, there is an entitlement to training support (maintenance allowance), insurance coverage, as well as participation in introductory courses and study groups.
Training Objective and Performance Records
The aim of the training period is to acquire the practical knowledge, skills, and experience required for the later profession as a judge or public prosecutor (Sections 5 (1), 5a DRiG). In the individual stages, written work (case presentations, supervised work, practical exercises) must be completed. Study groups provide additional training in tasks and skills in the respective area of law.
Examination Law Aspects of the Training Period
Significance for the Second Legal Examination
The training period prepares candidates for the Second Legal Examination (formerly the second state exam). Examination components include written exams, which are often based on the practical activities of the respective stages, and an oral examination, which draws on the experiences and knowledge acquired during the training period.
Examination Achievements and Assessments
During individual stages, written proof of training may be required, which may be factored into the final grade of the final exam. Assessment is conducted either by the trainers or by evaluation committees, with the relevant state law provisions applying. The proper completion of the training period is a prerequisite for admission to the Second Legal Examination.
Special Legal Issues of the Training Period
Equal Treatment and Access
Assignment of training placements is made according to established criteria. There is only a right to a specific training position in rare exceptions (for example, in the case of serious hardship). The selection decisions of the responsible judicial authorities are subject to the principle of equal treatment and can generally be reviewed by the courts.
Remuneration and Insurance
Trainee lawyers receive a monthly maintenance allowance. The amount is regulated by the respective state law. During the training period, there is usually coverage through statutory accident insurance as well as an obligation for health and nursing care insurance on the part of the trainee.
Liability Issues
There are special features in the area of official liability (Section 839 BGB in conjunction with Article 34 GG) during the training period. In many cases, for damage caused by trainee lawyers while undergoing training, the respective federal state providing the training is liable, provided the requirements for official liability are met. Civil liability towards third parties is generally excluded, provided the actions were performed in the exercise of official duties.
Data Protection and Confidentiality
Trainee lawyers are obliged to comply with data protection regulations and maintain confidentiality concerning official matters. Violations may result in disciplinary and criminal consequences.
Summary
The training period is an essential, legally regulated component of practical legal training within the framework of the preparatory service in Germany. It is characterized by a comprehensive network of federal and state law provisions, which establish the framework, rights and obligations of trainees, as well as key examination-related consequences. Through the specific design of the individual stages and the associated practical training, trainees make a significant contribution to qualifying themselves for future legal activities in the public or private legal sector.
Frequently Asked Questions
Who bears legal responsibility during the training period in a department (Station)?
During the training period, the training provider generally bears overall responsibility for the proper conduct of training in accordance with the applicable legal provisions, such as the Vocational Training Act (BBiG) or relevant professional laws in the healthcare sector (e.g., Nursing Professions Act, PflBG). In routine day-to-day operations at the station, immediate supervisory responsibility often lies with the trained specialist staff, known as the practice instructor or the assigned teaching staff. Nevertheless, the legal entity of the training facility remains ultimately responsible, especially for compliance with all labor, liability, and data protection regulations. The responsibility of trainees is limited to performing the tasks assigned to them within the scope of their training and according to instructions. If trainees are assigned duties beyond their level of training or are insufficiently supervised, the training provider is liable in the event of any damage and cannot rely on the misconduct of the trainee.
What legal requirements apply to practice instructors during the training period?
Practice instructors must meet specific legal requirements in order to supervise practical training. According to Section 4 of the PflBG and the corresponding training and examination regulations, practice instructors must have completed state-recognized further training as a practice instructor and regularly participate in continuing education, usually annually for at least 24 hours. They are responsible for providing systematic, proper, and professional supervision of trainees, and must ensure that training content is delivered in accordance with the training plan and legal requirements. Practice instructors also have special duties of care, are required to document trainees’ progress, and must monitor compliance with workload regulations in line with legal requirements. Breaches of these duties can result in both labor law and professional consequences.
What rights and obligations do trainees have during the training period?
During their training period, trainees have the right to qualified and structured practical training in accordance with the training plan, whereby training content must be provided pursuant to the relevant training and examination regulations. They are entitled to protective rights under the BBiG or the specific training regulations for healthcare professions, such as limits on daily and weekly working hours, as well as the right to regular breaks and days off. In return, trainees are obliged to carefully perform the tasks assigned to them according to their stage of training, to comply with workplace instructions and hygiene regulations, and to cooperate in the training facility as required for the achievement of the training goal. Breaches of these obligations can lead to labor law consequences, whereby the provisions of the Young Persons’ Protection of Employment Act (JArbSchG) take precedence for underage trainees.
To what extent is the trainee liable in the event of damage during the training period?
Trainee liability during the training period is legally limited. As a general rule, according to the principles of employee liability, trainees may be liable for negligence or intent within the scope of their training. However, it must be determined whether the act was within the scope of the instructed activity and appropriate level of knowledge. If damage is due to insufficient guidance, faulty equipment or inadequate supervision, the training provider or its insurer is usually liable. In cases of gross negligence or intentional acts, the trainee is personally liable, but only if they were sufficiently informed and instructed about the specific task. Underage trainees are afforded special protection as the duty of supervision is stricter and personal responsibility is limited.
What documentation duties exist during the training period?
Legally, the maintenance of a training record (report book, training record) in accordance with the BBiG is mandatory and must be regularly checked and signed by the practice instructor. In nursing professions, the creation and maintenance of an individual training documentation is also required, covering the entire practical training process. This documentation serves as proof that the contents set out in the training plan have been conveyed and completed, and may serve as a basis for the practical final examination. In addition, there are extensive documentation obligations regarding activities with liability or data protection relevance, such as patient care. Improperly kept training documentation may result in trainees not being admitted to the final examination.
In what cases may the training period be interrupted or terminated?
The training period may be interrupted for legal reasons, such as illness (upon presentation of a medical certificate), pregnancy (Maternity Protection Act), accident, compulsory military or alternative service, or for compelling personal reasons. A longer interruption (more than one-tenth of the training period) may result in the training period being extended to make up for missed content. Termination of the training period is legally possible, in particular, through termination of the training contract. The legal basis for this can be found in Section 22 BBiG or in the respective special law for the profession. During the probationary period, termination without notice and without giving reasons is possible; after that, only for good cause and with notice. The training facility is obligated to comply with statutory notification duties to the chamber or school.
What regulations apply to working hours and breaks during the training period?
For trainees, the labor law framework of the BBiG applies, and for minors in particular, the provisions of the Young Persons’ Protection of Employment Act (JArbSchG). Accordingly, daily working hours may not exceed eight hours, except in cases of collectively bargained or company-specific special regulations. The maximum weekly working time is 40 or 48 hours (for adults). The break regulations stipulate a minimum break of 30 minutes after more than six hours of work; for young people, at least 30 minutes must be granted after 4.5 hours. Shift work, night shifts, and weekend work are permitted for underage trainees only in exceptional cases and under strict legal conditions. Compliance with these regulations is mandatory and monitored by the competent supervisory authorities. Violations may be subject to criminal and administrative penalties.