Appropriate remuneration also required for publicly funded apprenticeships BAG 17.03.2015 - 9 AZR 732/13

Even if the training position was supported with public funds, the trainee's remuneration must be appropriate in accordance with Section 17 (1) BBiG. The appropriateness depends on the individual functions of the remuneration. One function is to help finance the livelihood of the trainee or their parents. The remuneration is also intended to ensure that a sufficient number of qualified skilled workers are trained. Last but not least, remuneration is also a form of payment to a certain extent. However, in the case of publicly funded training places that would not exist without state support and where the training provider does not benefit from the trainee's work performance, the remuneration aspect does not apply. Nevertheless, the functions of financing livelihoods and promoting young talent must continue to be taken into account when assessing appropriateness.

In the present case, the defendant, as a supra-local training association, organized funding programs for additional training places in Eastern Thuringia. The training then takes place with practice partners in the private sector. The plaintiff, who was trained as a retail sales assistant, received a monthly training allowance of EUR 210.00 in the first year of training and EUR 217.00 in the second year in accordance with the funding guidelines, which corresponds to approximately one third of the collectively agreed training allowance. The claimant felt that this remuneration was inappropriate and is now demanding payment of the collectively agreed training remuneration.

The BAG agreed with the ruling of the lower court and partially upheld the claim. Previously, the LAG had awarded the plaintiff a training allowance amounting to two thirds of the relevant BaföG rate. The BAG has now found that the LAG did not exceed its scope of assessment when examining appropriateness and that the BAföG rate can be a suitable yardstick for determining the amount of remuneration, particularly in view of the function of the remuneration to finance the trainee's living expenses. Finally, the BAG clarifies that the appropriateness of the remuneration does not have to be based on the budget. The appropriateness of the remuneration must already be taken into account when agreeing the budget for the planned number of training places.

Date: 17. Mar 2015