Legal foundations

Framework conditions for vocational education and training

Vocational education and training in Switzerland is based on a legal basis that ensures the quality and framework conditions of vocational education and training. The key legal foundations are briefly explained here.

Federal level

Vocational education and training is enshrined in the Federal Constitution and gives the Confederation the right to issue corresponding regulations (Art. 63 BV ). Federal act (BBG ) and ordinance (BBV ) on vocational education and training define the key legal foundations for vocational education and training.

Each vocational education and training programme is regulated in detail in an ordinance on education and training. These form the most important basis for the work of those responsible for education.

The professional directory (BVZ ) provides an overview of all basic vocational education and training professions (VET Certificate and VET Diploma) currently offered and governed by the Swiss Federal Act on Vocational Education and Training BBG as well as tertiary-level vocational education and training programmes (professional examination, advanced federal professional examination) and the approved core curricula, courses and post-diploma courses at professional education institutions.

Swiss Code of Obligations

Vocational training is concerned with the world of work. The apprentice and the host company conclude a special employment contract through the apprenticeship contract. The apprentice is also an employee, which is why, subject to the special provisions for the apprenticeship contract, the statutory provisions apply to the employment contract. The apprenticeship contract is an individual employment contract, which is why it is governed in the Swiss Code of Obligations under special employment contracts (Art. 344 to 346a OR ). Other laws relevant to vocational education and training are the Working Hours Act (AZG ), the Disability Discrimination Act (BehiG) and the Gender Equality Act (GlG ).

Employment Act

The public-legal provisions applicable to employees apply to apprentices. For example, they can benefit from the special protective provisions for young people. Practically all economic sectors and all private and public enterprises are subject to the Employment Act (ArG ).

Merkblatt 303: Das öffentliche Arbeitsrecht und das kollektive Arbeitsvertragsrecht [PDF, 94.07 KB]download

Arbeitsgesetz — The key legal foundations of vocational education and training.

Cantonal level

The cantons are responsible for the majority of all enforcement tasks relating to vocational education and training legislation. This includes supervising apprenticeship contracts, granting or withdrawing educational permits and approving individual apprenticeship contracts.

The legal basis for this enforcement task is also needed at the cantonal level. However, federal law always takes precedence over cantonal law. The enforcement of federal regulations is handled differently. For example, the federal government imposes few requirements on the organisation and financing of the qualification process; these can therefore vary greatly from canton to canton. On the other hand, the same qualification areas are examined in all cantons, which are set out in detail in the education ordinances.

Individual level – the apprenticeship contract

The legal provisions are specified in the apprenticeship contract. The parties to the apprenticeship contract, the host company and the apprentice undertake to comply with the statutory provisions in the context of vocational education and training. On the content page the ”Apprenticeship contract from A to Z ” lists all provisions relating to the apprenticeship contract.

Special regulations

Hazardous work

Hazardous work is strictly forbidden for young people. An exception may be made if the activity is essential for vocational training. The respective education ordinance contains the corresponding exception.

The minimum age for carrying out hazardous work in vocational education and training is 15 years. This is linked to the condition that the relevant professional organisation devises accompanying measures and sets them out in the training plan, Appendix 2 (Art. 4/4a ArGV5 ).

Work permit for foreign apprentices

Glossary Entries

News

11.10.2022

Update: fact sheet Fact sheets are revised and updated on a regular basis. The most recent revision concerns the following fact sheet: Fact sheet 205: migration A paragraph about the S permit (vulnerable persons) has been added. It states that taking up gainful employment,…

Fact sheets are revised and updated on a regular basis. The most recent revision concerns the following fact sheet:

Fact sheet 205: migration

A paragraph about the S permit (vulnerable persons) has been added.

It states that taking up gainful employment, starting an apprenticeship or an Integration Pre-apprenticeship (INVOL) and changing jobs are possible, but require approval.
Gainful employment can be granted as soon as protection status is obtained (without a waiting period; the employer must apply for the permit from the relevant labour market or migration authorities) AsylG (Asylum Act) Art. 75 and Federal Act on Foreign Nationals and Integration (AIG) Art. 11 para. 3 in conjunction with AIG Art. 30 para. 1 letter l and the Ordinance on the Asylum Act (VZAE) 53). The authorities check whether wage and working conditions that are customary for the location and industry are being adhered to.

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News

06.04.2022

Permit S (people in need of protection) for people from Ukraine Refugees from Ukraine are granted permit S (people in need of protection), which has never been applied before. Admission is granted quickly and without proper asylum procedures. The three-month period for starting work is abolished. Press release

Refugees from Ukraine are granted permit S (people in need of protection), which has never been applied before. Admission is granted quickly and without proper asylum procedures. The three-month period for starting work is abolished. Press release

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Questions and Answers

FAQTo whom should I address complaints about the final examination? Expand

FAQHow many holidays do apprentices have? Expand

FAQWhat is the probationary period for?

The probationary period is used by both contracting parties to review the choice that has been made. In doing so, apprentices can determine whether their choice of career corresponds to their interests and preconceptions. In turn, the responsible vocational trainers in the host companies gain an insight into the apprentices’ ways of working.

If the contracting parties have not specified a probationary period in the apprenticeship contract, a probationary period of three months shall apply.

OR Art. 344a para. 3

The probationary period is subject to a notice period of seven days.

OR Art. 346

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FAQAre apprentices also obliged to work on public holidays if the company is operating on these days? Expand

FAQAre trained apprentices entitled to a reference?

Yes. On completion of basic vocational education and training, employers must provide apprentices with a certificate containing the necessary information on the professional activity they have learned and the duration of basic vocational education and training.

At the request of the apprentice or their legal representative, the certificate must also state the apprentice’s abilities, performance and conduct.

OR Art. 346a

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