KMU-Magazin No. 9, September 2025 Legal issues relating to vocational training

Dual vocational training - parallel training in a company and at a vocational school - is considered a success story for the Swiss economy. Reason enough to shed some light on a few legal aspects of this system.

Vocational training is based on three pillars: training in the training company, at the vocational school, and at the “third learning locations” (inter-company courses or ÜK).

Provisions on vocational training can be found in federal law, such as the Swiss Code of Obligations (OR) and the Federal Vocational Training Act. There is a regulation from the State Secretariat for Education, Research and Innovation (SBFI) for each profession, such as for the basic vocational training of commercial clerks with a federal certificate of proficiency (EFZ). Detailed information on the practical skills required for the individual occupations can be found in the respective framework curricula or training plans. Further legal provisions can be found in cantonal law.

The apprenticeship contract

The apprenticeship contract is regulated in Art. 344 to 346a of the Swiss Code of Obligations (OR). It is a private law contract, but the authorities have a say in the matter. The signed apprenticeship contract must be submitted to the cantonal authority for approval before the start of the basic vocational training.

Training young people is time-consuming: it involves conducting location interviews, reviewing learning journals, answering questions, etc. Anyone who is only looking for cheap labor is not suitable as an apprenticeship company. Particular attention must be paid to the (industry-specific) safety and protection regulations.

Termination of the apprenticeship contract

Around a quarter of all apprenticeship contracts are terminated prematurely. According to Art. 346 OR, the apprenticeship relationship can be terminated during the probationary period or afterwards for good cause. As a rule, termination takes place by mutual agreement.

The training company may terminate the apprenticeship if the apprentice does not have the physical or mental aptitude necessary for the training or if their health or moral character is at risk (Art. 346 para. 2.a OR), i.e., in particular if the apprentice's performance is unsatisfactory. If the apprentice fails the final apprenticeship examination, the apprenticeship contract must be terminated. Unacceptable behavior and a breakdown in trust may also justify termination of the apprenticeship contract.

Education license

The competent cantonal authority supervises apprenticeship relationships and educational institutions for basic vocational training. Training companies may only train apprentices if they have a (cantonal) training license. This is granted upon application if, among other things, the necessary infrastructure is in place and the personnel situation ensures sufficient training for the apprentices. For example, a vocational trainer must be employed by the company on a sufficient basis.

A business in which, according to an operational assessment, only models from previous years and mock-ups of new models are displayed, and in which no vocational trainer with recognized training is employed, is not suitable as a training company for retail specialists.

Training licenses may be limited in time or subject to conditions. The training license entails numerous obligations. For example, training companies must write and submit training reports. The grades of the trainees, the termination of a training contract, or changes in the company must also be reported in a timely manner.

Withdrawal of training authorization

If their “training in professional practice” is inadequate or if the vocational trainers do not have the necessary professional and personal qualities, do not meet operational or other legal requirements, or violate their duties, the training authorization will be withdrawn. Supervision of the companies is the responsibility of the cantonal vocational training offices.

For example, anyone who leaves their apprentices to their fate for days or weeks on end, or who fails to find a replacement for a vocational trainer who has left, must sooner or later expect measures to be taken by the authorities: warnings, company visits, and, if necessary, the threat of withdrawal of the training license. Urgent action by the authorities is required if complaints regarding verbal abuse and harassment, non-payment of wages, and exhausted apprentices are made.

Ideally, the training company will take the complaints as an opportunity to review its processes, clarify responsibilities, and, in cooperation with the supervisory authority, create the conditions for successful training.

Before a revocation of the training license is ordered, the training company must be granted the “right to be heard”: The company is given the opportunity to correct any allegations made against it or to point out why a revocation would not be justified. “Stress in the workplace” is not a good argument. It is always worthwhile to exercise the right to a fair hearing. If the set deadline passes without action, the supervisory authority will assume that the allegations are correct. With the withdrawal of the training license, existing apprenticeship contracts are terminated.

If the specialist responsible for training does not have the necessary professional skills or personal qualities to train the trainee, this is also a reason for the trainee to terminate the apprenticeship contract (without notice) (Art. 346 para. 2.b OR).

Compensation for disadvantages

Persons with disabilities must not be discriminated against. They are therefore entitled to formal examination accommodations that are adapted to their individual needs (“compensation for disadvantages”). The prohibition of discrimination under Art. 8 para. 2 of the Federal Constitution was specified in the provisions of the Disability Discrimination Act and through court practice.

The examination procedure must therefore be adapted to specific disability situations. Possible measures include extending the examination time, allowing breaks, structuring the examination more clearly, taking the examination in several stages, or using a computer. Other possible measures include a separate examination room, hearing protection, and the opportunity to ask questions in case of uncertainty, for example for trainees with ADHD. The Swiss Conference of Vocational Training Offices has published recommendations on the design of these measures (Recommendation No. 7 of May 24, 2023).

However, disadvantage compensation does not mean that key skills that are the focus of the training can no longer be tested. People with disabilities should not be privileged by disadvantage compensation.

The lenient requirements for trainees with dyslexia (reading and spelling disorder) or dyscalculia are regularly discussed.

Should spelling mistakes be taken into account if the candidate suffers from dyslexia? If the focus of the exam is on technical performance, disadvantage compensation is permissible; however, if reading and spelling skills are explicitly being tested, no disadvantage compensation is possible. For this reason, no extra time is granted in the subject “Language and Communication” (general education).

Similarly, in the subject of mathematics, the actual mathematical/numerical abilities or the derivation or reproduction of mathematical competence within a given time are tested, which is why no disadvantage compensation is granted. In other subjects that require mathematical/numerical skills but in which these skills are not to be tested, disadvantage compensation in the form of extra time is permitted.

In practice, this often leads to confusion when a landscape gardener with dyslexia has to be able to spell plant names correctly or when a candidate with ADHS is not given extra time for practical work.

Time allowances are also possible in school settings, but only within certain limits: time allowances of 30% are not feasible in school settings for organizational reasons; lessons are too short, and the supervising teacher may have to change rooms.

It is crucial that the disadvantage compensation is applied for in good time, accompanied by a school psychological assessment or a doctor's certificate. This applies to both vocational school and the qualification procedure. The additional application for the qualification procedure is often forgotten. It must be expected that vocational training offices will not consider late applications, as adapting the examination conditions involves considerable administrative effort: due to disadvantage compensation measures, entire examination groups often have to be replanned and reassigned.

Absolute equality for people with disabilities is not possible. Anyone who does not (fully) meet the requirements for a profession cannot complete an apprenticeship in that profession.

For example, it is virtually impossible to complete the training program to become a certified specialist in movement and health promotion if one is wheelchair-bound. This unfortunate situation does not mean that discrimination has occurred under the law.

Procedural issues

The labor court is usually responsible for disputes arising from apprenticeship contracts. Decisions made by the vocational training offices can be appealed. Responsibilities vary from canton to canton. The chances of success for legal remedies are usually not very high. It is more beneficial to seek a discussion with the responsible persons before an unpopular decision is delivered.

Adult apprentices must conduct their own proceedings; their parents are no longer legally entitled to represent them. However, it is permissible for apprentices to grant power of attorney to their parents (or other persons).