Criminal provisions
Administrative legislation often applies criminal provisions to reinforce implementation of its provisions. If the VET trainer or apprentice fails to comply with the obligations laid down in VPETA, the criminal court will impose a penalty on the said person in the form of a fine or other sentence.
The application of criminal measures is quite rare in the area of vocational education and training (VET). In most cases, efforts will be made beforehand to find another solution through mediation or other measures in order to protect good training conditions.
Examples of situations in which criminal provisions apply:
- A company hires apprentices without having obtained VET accreditation beforehand.
- A company hires people to train without signing a written apprenticeship contract.
Other specific acts, like the Employment Act (EmpA, SR 822.11), also contain criminal provisions. For an act to be punishable it must be clearly stated in the act and wrongdoing must be proven. Notwithstanding the foregoing, the competent authority may also take measures that are laid down in the acts. Thus a host company that seriously infringes on its obligations to a learner may be held criminally liable and have its VET accreditation revoked by the cantonal authority.
