Bundesinstitut für Berufsbildung (BIBB)

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38/ 2004
Bonn, 28.10.2004

Vocational training reform act (BerBiRefG)

Federal Institute for Vocational Education and Training's Steering Committee issues advisory opinion on proposed vocational training reform bill (BerBiRefG)

The Steering Committee of the Federal Institute for Vocational Education and Training ("BIBB")⁰¹ approved the following advisory opinion on the vocational training reform bill during a meeting held in Berlin on October 27, 2004:

"Advisory opinion issued by the Steering Committee of the Federal Institute for Vocational Education and Training regarding the vocational training reform bill

The Steering Committee of the Federal Institute for Vocational Education and Training welcomes the amending of Germany's vocational training legislation in so far as it contributes to modernizing and injecting greater flexibility into vocational training while preserving the fundamental structures of the dual vocational training system and when it contributes to internationalizing initial and continuing vocational education and training and streamlining administrative structures and legislation. The government's vocational training reform bill takes these aims into account in part. The Steering Committee opposes proposals for changes that would threaten in-company vocational training and ultimately uncouple vocational training from the employment system.
In a majority vote, BIBB's Steering Committee adopted the following positions regarding the reform of Germany's vocational training legislation:

1. Putting school-based courses of training on equal footing with "dual" vocational training (that combines part-time vocational school with practical work experience), in concert with trade and industry
   Should, in light of the current shortage of in-company training places that will exist over the medium term, it appear necessary to allow individuals to earn recognized vocational qualification through school-based courses of training, this option should be limited to the period during which this need actually exists. Decisions on assigning equivalent status to the different types of training must be taken in collaboration with relevant bodies, labour and management. It is crucial that the content and duration of school-based courses of training be equivalent to that required for the particular recognized occupation under the Vocational Training Act or the Crafts Code and that such training incorporates occupational practice.
2. Establishment of regional vocational training conferences should not be stipulated by law
   The Steering Committee opposes the establishment of new bodies for organizing the vocational training system: The regional vocational training conferences provided for in the bill are not necessary because existing bodies and institutions - such as the state-level committees for vocational training and the numerous voluntary bodies that coordinate vocational training at regional level - can carry out these tasks. The players in the vocational training system collaborate with one another - without mandated targets - in the knowledge of their shared responsibility to ensure that young people have opportunities to receive training.
3. Voting rights in vocational training committees should be restricted to labour and management
   It would not be appropriate to give vocational school representatives sitting on vocational training committees ⁰² a vote of their own: The decisions taken by vocational training committees concern company-related aspects of vocational training and are therefore taken solely by labour and management. Instructors from vocational schools bring their interests to bear through their presence in vocational training committees and, in doing so, influence the opinion-making process. Assigning instructors a legal status above and beyond their advisory capacity is unnecessary.
4. Assigning responsibility to relevant bodies
   With a view to streamlining administrative processes, the Steering Committee calls for shifting responsibility for overseeing vocational training from those bodies stipulated by state law to bodies designated by the Vocational Training Act. Because of their greater familiarity with the companies involved, the bodies currently responsible for this handle administrative decisions falling within the purview of their oversight of vocational training faster and more easily than state agencies. The vocational training committees of the relevant bodies could have a say about the execution of supervisory tasks by issuing administrative guidelines. In the event that responsibility is transferred as suggested here, the state agencies would continue to exercise legal supervision over the chambers of commerce.
5. Streamlining the committee structure of the Federal Institute for Vocational Education and Training
   On the whole, the organizational structures of the Federal Institute for Vocational Education and Training should be streamlined and made more efficient. The Institute would in principle welcome a reduction in the size of its Steering Committee. It should have eight representatives per "bench" in order to make it possible for each of Germany's federal states to participate in the work of the Steering Committee, either directly or indirectly through a deputy. A standing sub-committee with decision-making authority for regulatory decisions should be set up to replace the existing standing committee. This sub-committee would consist of three representatives per group.
   The Steering Committee opposes the establishment of an advisory board because it sees no need for one. It is not discernible what additional value a further, cost-intensive body would have for the Institute's work.
   BIBB's function of providing services in the area of regulatory work should take priority over its research activities. This would necessitate new legislation outlining the Institute's new duties. The Institute should provide advisory services and flanking scientific support during the testing of new methods, content and structures undertaken in the course of research work.
6. Greater freedom for developing and testing new occupations that require formal vocational training
   Germany's states should be given the possibility of requesting - in coordination with the social partners' umbrella organizations - the federal government to issue ordinances for testing new skilled occupations. A time limit should be placed on such arrangements. Testing activities must receive flanking scientific support. When a test is successful, the arrangements provided for in such ordinances would be incorporated into the recognition process that the law foresees as a prerequisite for their nation-wide introduction.
7. Part-time vocational training for persons who are raising children or providing nursing care  
   Women and men who are raising children and persons who are taking care of close relatives often do not have the time to pursue full-time vocational training. It should also be possible to undergo vocational training on a part-time basis (by reducing the number of hours per day spent in training) under the Vocational Training Act. The overall period of training would have to be extended, to reflect the reduced number of training hours per day. A corresponding provision should be added to the Vocational Training Act to anchor this arrangement in law.
8. Internationalizing vocational training / Vocational training passport
   The growing convergence between Europe's nations at political and economic level will also necessitate familiarity with and recognition of economic, cultural and occupational differences.
   The Steering Committee of the Federal Institute for Vocational Education and Training therefore fundamentally welcomes the arrangement for completing training segments in other countries. As a next step, it would be sensible to introduce a European vocational training passport for documenting skills and qualifications acquired abroad. All relevant vocational qualifications acquired in the course of formal vocational training should be recorded in this vocational training passport."