Employer’s rights and obligations

Employers’ rights and obligations are laid down:

  • in the apprenticeship contract;
  • in the provisions of the Swiss Code of Obligations (CO, SR 220) on the apprenticeship contract (Art; 344 et seq) and on the individual employment contract (Art. 319 et seq);
  • in the public law provisions of the Confederation, in the VET ordinance for the occupation in question as well as in the Employment Act (EmpA, SR 822.11) and its corresponding ordinances, particularly the Youth Employment Protection Ordinance (EmpO 5);
  • in the public law provisions of the canton in which apprenticeship training is to take place, in particular in the cantonal vocational and professional education and training act;
  • possibly in a collective employment agreement or standard employment contract (SEC).

The employer has the same rights and obligations with learners as with other workers. Supplemental rights and obligations naturally stem from the goal of the apprenticeship and also from the fact that apprentices are usually minors. These mainly involve the obligation to train, protection of workers, the format of the contract and the obligation to have it approved, the legal right to holiday leave and the termination of the apprenticeship contract.

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