Alternance training

Cedefop — European Centre For The Development Of Vocational Training

Description

Training contracts for young people in the European Community
Vocational training

Sujets

• Vocational education
• Member state of the European Union

Informations

• Publié par: CEDEFOP-EUROPEAN-CENTRE-FOR-THE-DEVELOPMENT-OF-VOCATIONAL-TRAINING
• Nombre de lectures: 35
• Langue: English
• Poids de l'ouvrage: 14 Mo

Extrait

Alternance training:
Training contracts
for young peopli
in the European Community
CEDEFOP
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< co Q A study prepared by John Murray
"¿" Institute of Manpower Studies, University of Sussex, Brighton
^^ on behalf of
LL CEDEFOP — European Centre for the Development of
Vocational Training
^^ Published by:
¡^! European Centre for the Development of Vocational Training,
LU Bundesallee 22, D — 1000 Berlin 15, Tel.: [phone]
\^ The Centre was established by Regulation (EEC) No 337/75 of
the Council of the European Communities
Berlin 1984 This publication is also available in the following languages:
DE ISBN 92-825-4208-4
FRN 92-825-4210-6
Cataloguing data can be found at the end of this publication
Luxembourg: Office for Official Publications of the European Communities,
1984
Design: Jack N. Mohr, Berlin
ISBN 92-825-4209-2
Catalogue number: HX-38-83-467-EN-C
Reproduction in whole or in part of the contents of this publications is
authorized, provided the source is acknowledged
Printed in the FR of Germany Foreword
trainees, with consequent In accordance with the tasks of
CEDEFOP, this analysis of the form disadvantages for everyone involved.
and content of training contracts for This study should support the
young people in alternance training is deliberations of those members of
intended bodies and parties involved in
legislation and in collective
a) to stimulate the exchange of bargaining — and, indeed, those
information and experience among the young people themselves
between the Member States of the — who are considering how one can
European Community through learn from the initiatives taken In
comparative studies in the field of neighbouring countries, whether
vocational training and revision of legislation should be
pursued, and so on.
b) to help provide decision-making In the present labour market
aids for the EC Commission and situation young people are naturally
other competent EC organs, having eager to take advantage of every
regard to their tasks of improving opportunity for training which would
and approximating living and mean entry into working life and
working conditions as postulated in earning a wage. But in the longer term
the Rome Treaties. these young folk will realize that, here
and there, they are being deprived of
The initial vocational training of certain rights which most other
young people through apprenticeship groups of workers, and students too,
is very differently regulated In all the have already secured.
Member States, each having particular The question which now faces
rights and obligations which are those organs of the EC which have
binding upon the trainee and the repeatedly advocated the qualitative
training firm. and quantitative expansion of initial
In many instances these regulations vocational training for young people,
still reflect the traditionally weak also in the form of alternance training
position in the labour market of those (cf. No 12/1983 of the publication
who leave school early without any Vocational training on this subject), is
secondary academic education, and whether, and to what extent, they HH*
this is expressed not only in legal themselves should act to bring about VH
regulations which are often lacking in a certain approximation of the legal J™
detail but also in the provisions of framework. ^j
collective wage agreements. Many This study by John Murray provides ^
things that require a legal foundation, a good foundation for decision- ^
including the rights and obligations of making. Our special thanks go to him, fl\
parties to a contract, and which have
as the author, also to his colleagues at 2
been regulated for pupils and the Institute of Manpower Studies in Ä
students, as they have for other Brighton, for the application and _^^
workers, remain unclear in the case of
speed with which they have carried LL out the difficult task of preparing such
an analysis without the benefit of prior
country-specific monographs.
We hope it will be widely read,
especially in those Member States
which are contemplating revising or
changing their legislation or their
collective agreement regulations in
respect of training contracts.
BURKART SELLIN
Head of project Contents HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
Acknowledgements Page 8
1 — Introductionandapproach13
(a) n13
(b) Objectives of the research 14
(c) Procedure15
(d) Scope andusage15
(e) Approach17
2 — Contractual regulation of alternance training in Member States20
(a) Introduction 21
(b) Alternancetraining in each country
(i) Belgium22
(ii)Denmark25
(iii)France30
(iv)FederalRepublic of Germany 37
(v)Greece42
(vi)Ireland45
(vii) Italy 47
(viii) Luxembourg 53
(ix) The Netherlands 57
(x) United Kingdom 59
(c) the significance of training schemes to school-leavers 68
3 — The training contract: basic legal provisions and arrangements 70
(a) Introduction 71
(b) Basic legal provisions and arrangements 72
(c) Conclusion 83
4 — Provisions and stipulations of contracts 84
(a) Introduction 85 0) (b) Provisions and stipulations 87
(c) Conclusion HM1 113
C 5 — Summary 114 ω
ΗΗΗ1
(a) Summary 115
(b) Range of provisions and stipulations C 117
(c) Conclusion 123 o
Bibliography 124 ü List Of tables ——HHHHHHHHH——————HHHH——
Table Page
2.1 Apprenticeshiptraining: basic features and majorlegislation, Belgium 23
2.2 Vocational training for young people regulated under law by contract,
Denmark: Basic Features and Major Legislation 26
2.3 Vocational training for young people regulated under law by contract,
France: basic features 31
2.4 Major legislation governing vocational training contracts for the
young, France2
2.5 Vocational training for young people regulated under law by contract,
Federal Republic of Germany8
2.6 Apprenticeshiptraining in Greece: basic features and legislation 43
2.7 Apprenticeshipenrolmentforthefirstyearof training in Greece, 1978-81 44
2.8 Statutory apprenticeship training, Ireland: basic features 45
2.9 Major legislation governing vocational training, Italy8
2.10 Apprenticeshiptraining, Italy: basic features 49
2.11 Vocational training regulated by contract, Luxembourg: basic features
and majorlegislation 54
2.12 Pupilsaged 12-19by typeof education, 1978-79, Luxembourg 55
2.13 Apprenticeshiptraining in the Netherlands: basic features7
2.14 Numberof new entrants to training schemes 66
2.15 Broad summary of availability of training systems to school-leavers 67
3.1 Designation in national legislation of criteria of eligibility for parties
to a training contract 7
3.2 Legal and contractual provisons fortransfer 78
3.3 Further provisions relating to the contract 80 Table Page
4.1.Termsofemployment88
4.2Trainingprovisons91
4.3(a) Employer's obligations: remuneration, payments, provisions, holidays
and health and safety 94
4.3(b) Employer'sobligations:training98
4.3(c) :moral, social and general 100
4.4(a) Trainee'sobligations:work104
4.4(b) Trainee's : training106
4.4(c) Trainee's obligations: general 108
4.5 Obligations of parents/guardian/legal representative (apprenticeship
contracts)112
CO
ω
■D
co
co Acknowledgements
This report has only been possible
through the generous assistance
given by many people in the Member
States in sending documents, legal
texts, statistics and other material, as
well as giving time to discuss issues.
Mr Werner Rasmussen at the Danish
Ministry of Education and his
colleagues, Mrs Inger Bruun, Mrs
Koefoed and Mrs Metterkonner, were
particularly helpful in researching
into, assembling and translating
relevant material. Miss Gerd Lee at the
Royal Danish Embassy in London was
also most helpful in providing
information and translating texts. Mr
T. J. Russell at Coombe Lodge Further
Education Staff College, Bristol, gave
valuable inputs to the study, as did
Mrs Maurizia Jenkins and Mr R.
Jenkins. Mr van Dijken at the
Netherlands Ministry of Education
and Science was especially helpful in
providing material and discussion.
Other people who were also of great
help are listed in the following pages.
I am indebted to Cedefop for
translation services and to my
colleagues at the Institute of
Manpower Studies, Alan Anderson
and F. Christopher Hayes, for their
advice and guidance. I owe an
especially large debt of thanks to my
secretary, Sherry Ryan, without whose
efficiency and support the production
of this report would not have been
possible, and to Anita Hopkins for
typing so many of the tables. I
apologize in advance to those whose