Is it permissible for me to undergo further training during working hours?
April 4, 2024 | 35,00 EUR | answered by Alexander Lenzner
Dear Employment Lawyer,
My name is Babette Rademacher and I have been working as an office clerk in a medium-sized company for three years. There is no clause in my employment contract regarding further education during working hours. However, I am interested in furthering my professional development and acquiring new skills to enhance my career prospects.
Currently, I feel that my current tasks do not challenge me enough and I would like to acquire new qualifications. However, I am concerned that my employer may not grant me leave for further education during working hours. Therefore, I am wondering if I have a right to participate in further training during working hours and if my employer is obligated to support me in this.
I would like to know what legal foundations and regulations exist regarding further education during working hours and if my employer is obligated to support me in my professional development. If I am entitled to further education, how can I assert this right to my employer without jeopardizing my employment?
I would greatly appreciate your professional assessment on this matter and am eager to hear possible solutions that could help me achieve my professional goals.
Thank you in advance for your assistance.
Sincerely,
Babette Rademacher
Dear Mrs. Rademacher,
Thank you for your inquiry regarding further education during working hours. It is commendable that you are looking to further develop professionally and expand your qualifications in order to improve your career prospects. In today's working world, lifelong learning and continuous further education are of great importance to meet the demands of the job market.
First and foremost, it should be noted that there is no general legal right to further education during working hours in Germany. This means that your employer is not generally obliged to allow you to participate in further education measures during your working hours. Unless a corresponding provision has been agreed upon in the employment contract, a works agreement, or a collective agreement.
However, there are ways in which you can still take advantage of further education during working hours. Firstly, you can negotiate with your employer and reach an individual agreement. It is advisable to have a conversation with your supervisor or the HR department and explain your motivation as well as the benefits of further education for the company. Perhaps a solution can be found that is acceptable to both parties.
Furthermore, you can explore other models of further education that take place outside of working hours, such as evening courses, distance learning, or weekend seminars. This way, you can use your free time for your professional development without requiring your employer to grant you time off.
If you still wish to participate in a further education measure during working hours and your employer opposes it, you may consider legal action. In such a case, it would be advisable to consult with an experienced labor lawyer to assess your rights and potentially enforce them.
Overall, it is important that you communicate openly with your employer and search for solutions together that take into account both your professional goals and the company's interests. I hope this information is helpful to you and wish you success in your professional development.
Best regards,
Alexander Lenzner
Labor Lawyer
