So, in application of and with reference to the above points, this agreement is concluded between:

Transcription

1 Training agreement in the context of European Mobility. Apprentice from Germany benefiting from a mobility in another European Union country during his or her training period in an enterprise. Preamble, The legal basis of vocational training in the Federal Republic of Germany is the Vocational Training Act of 1 April 2005 and the training ordinances for agricultural and home economics implementing the Act. The Posting of Workers Act and the Code of Social Law should be taken into account. Cooperation takes the form of the posting of the person to be trained from the Federal Republic to an EU country. Working hours are governed by the provisions of industrial agreements in the host country. Where in these administrative regulations terms applicable to men and women are used in the masculine form, these terms apply to women in the masculine form. So, in application of and with reference to the above points, this agreement is concluded between: Name: Corporate name: Address: Accreditation N..(if relevant) Activities: Legally represented by.. in his or her capacity of. Contact person (if other) The host enterprise/company/organisation Name: Corporate name: Address: Placement address (if different) Accreditation N..(if relevant) Activities: Legally represented by.. in his or her capacity of. Contact person (if other) Name : First name : Date of birth:.. Sex. Nationality:. His or her legal representative (if under 18) Address: Apprenticeship contract N Date of start of contract

2 Date of end of contract Diploma or expected qualification. Level of diploma according to national nomenclature.. Level of diploma according to the European certification framework: Occupational sector: Extra codes or registration number (if relevant):.. Article 1: Purpose This agreement shall govern the relations between the signatories as regards the organisation and implementation of the European training period of the apprentice in a host company/organisation. The European training period in the host country must be in accordance with the vocational training contents in the sending country. Within the framework of the training programme outlined within the apprenticeship contract, the responsibility for a complementary training period shall be given to a host company/organisation established in another EU Member State. The objectives of this training course and the tasks to be carried out in the host company/organisation are specified in the pedagogical appendix enclosed to this agreement. Article 2: Term or periods The present agreement runs From.to From.to For a total duration of weeks Article 3: Working conditions: site, hours, leave entitlement, health and safety For the term of this agreement, the apprentice will undergo training at the following sites: - - is bound to respect the general rules applying in the host company, particularly with regard to safety, working hours and discipline, subject to the specific provisions on the protection of young people at work, in application of the Directive n 94/33/CE of 22 June 1994, and more favourable provisions in the host country. If exemption is required for apprentices under 18 to use dangerous machinery or products, a copy of the exemption form signed by the competent authorities shall be appended to this agreement. shall train the apprentice in safety, inform him or her of the specific risks that s/he will encounter in the company during his or her mobility period, and provide such personal protective equipment as necessary. The parties shall agree on the apprentice s holidays. shall ensure that the apprentice s holiday entitlements are respected throughout the year. Article 4: Tutors in charge of the training The people mentioned below are in charge of the training of the apprentice in the host organization in application of this agreement: Surname: First name: Date of birth: Qualification:

3 Position: Article 5: Remuneration shall at least continue to pay the apprentice s salary. and the host company/organisation may, if they wish, agree on a compensation fee for the salary and charges. In such a case, said arrangement shall be appended to this agreement. Article 6: Accommodation, transport and other costs Accommodation In application of this agreement the apprentice s accommodation will be found by : Accommodation will be financed by...for an amount agreed between the partners Meals In application of this agreement the apprentice meals will be financed by or directly provided by : Transport s transportation, from home to the place where he is accommodated, namely (specify the exact place in the host country) will be financed by or directly provided by In application of this agreement the apprentice s transportation (from the accommodation place to the host organization) will be financed by or directly provided by Article 7: Social insurance, occupational accidents and professional illness. shall benefit from the health and occupational sickness/accident coverage at work by virtue of his or her apprenticeship contract and for the term of this agreement. During the mobility period in another EU Member State, the apprentice shall retain his or her affiliation with his or her social security system, under the conditions fixed by European legislation (in particular Regulation (EEC) n 1408/71) In the event the apprentice is involved in an accident, either in the course of work, or during the daily transportation to and from the host company/organisation, the responsible person in

4 the host company/organisation shall inform the employer on the day the accident occurred, or at the latest within 24 hours. The accident at work declaration must be made by the employer, by registered letter with acknowledgement of receipt, to the social mutual aid fund the apprentice depends on within 48 hours, excluding Sundays and Public Holidays, counting from when the information is given by the host company Article 8: Insurance third party and professional liability hereby certifies that he is covered for third party liability [Insurance Company:...Contract number:...] for injuries or damages suffered or caused by the apprentice in the host company/organisation during work or tasks performed in connection with the apprenticeship. certifies that s/he is covered for third party liability [Insurance Company and Contract number..] for injuries or damages suffered or caused by him or her, including abroad, outside the host company/organisation, in actions of daily life. Article 9: Repatriation has taken a health ad repatriation insurance to travel abroad [Insurance Company and Contract number..] have been taken by Article 10: Monitoring in the host country shall be supervised in the host country by (please specify the name, title and organisation). The supervision procedures are specified in the pedagogical appendix. The occupational health and safety regulations shall be checked in the host country by: (please specify the institution). During the entire period of application of the agreement, a contact with the apprentice (by phone, fax, ) will be ensured by (see above) in the sending country. Surname: First name: Position: In case of difficulty, the apprentice shall inform this person immediately so that appropriate measures can be taken. Article 11: Particular provisions / Article 12: Termination of the agreement The agreement may be terminated by express consent of the co-signatories. Such consent shall be in writing and notified to the training institution, to the department in charge of registering the contract, to the department of labour, employment and/or vocational training of reference, as well as the reference educational authority.

5 This agreement may be terminated by either party in the event of serious offence, if the apprentice is put in danger, or in case of non-compliance with the commitments of this agreement, duly ascertained. Such termination shall not entail compensation and shall not, in and of itself, affect the continuation of the apprenticeship contract. Done in.., on. The signatories: (and his or her legal representative) The head of the host company/organisation The competent institution

6 PEDAGOGICAL APPENDIX Objectives of the training period in the host company/organisation (see training curriculum): 1 st period: 2 nd period (if any) Main tasks entrusted to the apprentice: 1 st period: 2 nd period (if any) Supervision of the trainee (contact documents...) Mobility period evaluation and recognition procedures: The obligations of the apprentice are in particular to: - carry out the tasks assigned by the tutor in accordance to the provisions of the present agreement. - present the log book or any monitoring document regularly and spontaneously to his/her tutor. - respect the rules of confidentiality and professional secrecy. The obligations of the host company/organisation are in particular to: - provide personal protective equipment; - present and discuss with the apprentice the results of the assessment of the hazards specific to his or her company - direct and supervise the apprentice in his or her activities by designating a company tutor responsible for ensuring this monitoring (when he is not himself the company tutor); - have the trainee accomplish work corresponding both to his/her abilities and to the course objectives (complete this heading for each period of the course) : - if this work includes the use of equipment, indicate the type of equipment, given that the head of the host company has the obligation only to have equipment used which complies with the regulations and the conditions of use (supervision, wearing of personal protective equipment, training,.); - allow the apprentice to prepare his/her report by granting him the necessary time. [Attach to this annex any additional protocols relating to the evaluation and recognition of training or qualification units]