Tell a friend
Germany
Language courses and language holiday charges
In general
According to a paid educational leave law passed in 1976, every employee has the right to take part in certain training programmes of a professional or more general nature, away from the workplace for a period of time corresponding to the course(s) chosen, while still drawing his normal pay on the customary dates. The definition of 'educational leave' varies in the different German federal states and there are some federal states which enjoy no legal entitlement to paid educational leave. Bayern, Baden-Württemberg and presently Brandenburg and Sachsen-Anhalt have these rights.There are only some criteria which are the same everywhere.
Who qualifies
All employees, including the following:
- People who work at home (exception - Hamburg),
- Public officials and judges (only in Rheinland-Pfalz, Saarland and in Schleswig-Holstein) and trainees (exception – Nordrhein-Westfalen)
- who have been working for the company at least six months (in Rheinland-Pfalz at least two years, trainees at least one year).
Duration
- five working days per calendar year in Hessen, Niedersachsen and Nordrhein-Westfalen, Saarland and in Schleswig-Holstein
- ten working days within two calendar years in Berlin, Bremen, Hamburg and Rheinland-Pfalz
Organisation
The right to apply for educational leave, its time and the content of the desired course are exercised on a voluntary basis by employees. They have to inform their employer at least six weeks in advance (in Bremen, Hessen, Niedersachsen and Nordrhein-Westfalen, four weeks in advance). The days when an employee is away on an educational leave are not subtracted from their official holiday and they are paid your regular salary.
Recognition of courses
In general, educational leave is every leave for the purpose of further professional or political training. The definition of the educational content of such courses varies between different German federal states. In some federal German states this law applies only to specific occasions. Law regulations in Bremen, Niedersachsen, Schleswig-Holstein and Saarland consider continuing education as an educational leave.
IMPORTANT: The organiser of the course / seminar or the seminar itself has to be accredited by the competent state authority.
Professional training
Further professional training is designed to update, preserve, extend and improve job related knowledge, skills and abilities. It includes the provision of essential qualifications and background knowledge. In addition, the law stipulates that courses involving further training must also impart knowledge about social contexts.
(Bundesarbeitsgericht, 9 AZR 185/94)
Political training
Political training allows employees to appreciate their position in their company and wider social context. Its purpose is to enable working people to evaluate, participate and involve themselves in social, professional and political life.You have to meet all requirements in Germany before you get permission for vocational training abroad. In this way the law is a barrier for employees wishing to study abroad.
(Bundesarbeitsgericht, 9 AZR 166/98)
In case that your employer doubts that the chosen course/ seminar is necessary for professional development, then you have to prove that the know-how and knowledge from the desired course is beneficial for your career.
(Bundesarbeitsgericht, 9 AZR 431/94)
Language courses and language holiday charges
Language course providers must apply to be recognised under the educational leave law by the appropriate state bodies or other institutions assigned this task. They must guarantee proper professional performance of courses, in accordance with the Basic Constitutional Law of the Federal Republic of Germany.
- Language courses for the sole purpose of learning must not be accepted by the employers as educational leave. In the case that the seminar is not only improving your language skills, but is also dealing with different political and cultural aspects of your host land your employer may recognize it as educational leave.(Bundesarbeitsgericht, 9 AZR 473/90)
- In case that an employee can use a foreign language at his workplace, it is possible to apply for educational leave.
Important deadlines
- You can lose your right to take part in certain training programmes for a period of five days within the year, simply by not exercising it. You can pass these five days on the next calendar year if your employer issues a special permission.
(Bundesarbeitsgericht, 9 AZR 547/94)
- Employees must inform their employer at least four weeks (in some federal states at least six months) in advance. Employers are entitled to reject an application for urgent reasons affecting the interests of the company.
(Arbeitsgericht Frankfurt, 15 GA 153/95)
- When your employer refuses to recognize a vocational training or seminar, you can use legal actions to solve the argument.
(Bundesarbeitsgericht, u. a. 9 AZR 349/93, 53/93, 160/93, 702/92)
- During their educational leave employees retain their existing contractual status including all rights and obligations.
(Bundesarbeitsgericht, 9 AZR 500/91, 476/91, 494/91)