Termination of the apprenticeship contract

A VET programme has a fixed duration. It thus only comes to an end on the date stipulated in the apprenticeship contract. Exceptionally, the contracting parties may agree to early termination of the apprenticeship contract in the following four cases:

1. The employer and the apprentice are entitled to terminate the apprenticeship contract at any time during the trial period provided seven days’ notice is given.
2. Both contracting parties are entitled to terminate the apprenticeship contract by mutual consent at any time during the VET programme.
3. Both the employer and the learner are entitled to terminate the apprenticeship contract immediately and unilaterally on justified grounds (for which an in-depth examination must be carried out), for example:
   • if the VET trainer does not have the professional skills or personal qualities required to train the apprentice,
   • if the apprentice does not have the physical or intellectual skills required for their training or if their health or morality is compromised,
   • if the apprentice’s training cannot be completed or can only be completed under conditions that are significantly different from those originally expected.
4. The cantonal authority, which is usually the cantonal VET office, may also terminate apprenticeship training by revoking VET accreditation or by terminating the apprenticeship contract in advance. It may act in this way:
   • if apprenticeship training is insufficient or
   • if the VET trainer does not meet the legal requirements or fails in his/her duty. 

In the first three cases, the employer must immediately inform the cantonal VET office. The said office will attempt mediation between the contracting parties or will try to have the apprenticeship pursued in another company.

Other terminations of the apprenticeship contract mostly arise from breaches of the contract and result in the payment of damages. In particular, if learners fail to start the apprenticeship without giving a reasonable explanation or if they abruptly leave their position, the host company is entitled to compensation, which is usually equivalent to a quarter of the monthly salary; in addition, the host company is entitled to compensation for additional losses or damage (e.g. vacancy postings).

In the event of unjustified dismissal by the host company, however, the learner is entitled to receive compensation for the income that he/she would have received up until the end of the apprenticeship period. Compensation must nevertheless be offset against amounts that can be earned elsewhere as a result of early termination of the apprenticeship contract.