Use apprentices in auxiliary jobs?
"If preparation and clean-up work is professionally related, it is not non-professional work"
The special feature of an apprenticeship relationship is the training obligation of the employer. The work assigned to apprentices is basically limited to training-related content and comprises three sub-areas: training work, professional work and non-professional work. Training work serves exclusively to learn occupation-specific skills without any concrete benefit for the employer.
Professional work includes work that does not primarily serve the purpose of training. Non-vocational work must at least have a connection to the occupation being learned. However, non-vocational work may not be assigned to learners. Thus, if preparation and clean-up work has a professional connection, it is not non-professional work. Provided that there is an occupational connection, washing the car, cleaning tools or emptying waste bins are part of the work and thus part of an apprenticeship relationship like the actual training work. However, if the apprenticeship only consists of such work, the apprentice should give the employer a written warning. If this does not help, legal assistance can be sought. If the learner is unable to complete the basic training properly due to an improper assignment of work, this will result in a warning from the cantonal education office, which may even lead to liability for damages.
This article was written by Rebecca Isenegger, lawyer.
If you have any questions regarding labour law, please do not hesitate to contact Arife Asipi.