Regulation on the EC BBG (VEG BBG) (VEGBBG)

7 Subject Matter

This Ordinance governs the implementation of the Introductory Act to the Federal Act on Vocational Education and Training of 14 January 2008 (IA VET Act)³, with the exception of sections 26a–26e (Vocational Training Funds), 34–34b (Vocational, Study and Career Guidance), 35–40 IA VET Act (Performance Agreements and Financing) and 42 IA VET Act (Fees for Vocational, Study and Career Guidance).

1 Enforcement of the EG BBG and this Ordinance; Coordination

1 Enforcement of the EG BBG and this Ordinance is incumbent upon the Office for Secondary and Vocational Education (Office), unless another Directorate of the Government Council is responsible and this Ordinance or another Ordinance of the Government Council determines otherwise.

2 The Office supports and coordinates the provision of services by cantonal and non-cantonal educational institutions through performance agreements.

3 It cultivates relationships with organizations of the world of work and institutions of the education system in the field of vocational and continuing education.

1. Supervision by the Office extends to intercantonal supervisory

specialized courses, inter-company courses, and courses for vocational trainers

(male and female) that are conducted within the territory of the canton.

2. The Office is authorized to carry out or commission company and course visits and to inspect records.

Young Talent

1 Is there a public interest in the provision of vocational basic education or higher vocational education and training, and is the vocational supply to the labour market endangered, the Government Council, in consultation with the organisations of the world of work, may take further support measures in addition to the apprenticeship promotion pursuant to § 8 EG BBG.

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2 Support measures include in particular

a. advertising activities and recruitment measures,

b. support for the formation of apprenticeship training networks and their

accompaniment by specialists,

c. contributions to learners who undertake practical work assignments during their training,

d. promotion of vocational re-entry,

e. promotion of school-organised basic education.

Part 2: Vocational Basic Education

Section 1: Organisations of the World of Work

Competent

Organisation

Contact persons for the Canton are the respective organizations of the working world responsible for a profession or a professional field. The Department of Education and the Office may additionally consult other organizations.

Jurisdictions

Section 2: Pre-vocational Years and Pre-apprenticeship

10 1 The Department of Education

a. determines the offerings for vocational preparation years in accordance

with Art. 5 para. 2 of the EG BBG, including the learning content (framework

curriculum),

b. may approve pilot projects for the further development of the offerings.

2 The Office

a. ascertains the demand for types of offerings and offering profiles in

cooperation with the municipalities and the providers of

vocational preparation years,

b. decides which offerings according to para. 1 lit. a the Canton itself

provides,

c. concludes a framework agreement with the providers eligible for state subsidies.

Offering

a. Types

10 1 The vocational preparation years in accordance with § 5 para. 2 EG BBG

are structured into the following types of offerings

a. school-based offering,

b. practical offering,

c. company-based offering,

d. integration-oriented offering.

2 The Office may recognize an offering that does not meet the requirements of para. 1

as a vocational preparation year if

a. the offering organization demonstrates that there is a corresponding

demand, and

b. the offering has one of the focal points in accordance with § 5 para. 2 EG BBG.

3 The company-based offering and the motivation semesters are in accordance with

10 1 Organizations offering apprenticeships may support learners with

increased support needs in their search for an apprenticeship with ad- b. Additional

ditional accompanying measures. They submit a concept for these accompanying

additional accompanying measures to the Office for approval. measures

2 Additional accompanying measures generally comprise one additional

lesson per week. If this scope of additional accompanying measures is

insufficient due to the learner's academic deficiencies, the Office may,

upon a reasoned request, approve up to two further accompanying

lessons per week.

3 The organization offering the apprenticeship and the learner shall

conclude a learning agreement setting out the objectives of the

additional accompanying measures.

10 1 Admission Procedure

The offering organization verifies whether applicants meet the admission requirements. In doing so, it takes into account the results of the aptitude assessments carried out in primary school.

**a. Decision**

2 It decides on admission to a pre-vocational year and allocation to an offer type.

The municipalities agree with the offering organizations commissioned by them on the details of the admission procedure. b. Supplementary Agreements

9 1 The offering organization informs the applicant of its decision regarding admission.

2 Admitted learners will be informed about

a. their contribution or the contribution of their parents,

b. the school regulations,

c. the consequences of an early termination of the vocational preparation year.

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Pre-apprenticeship

10 For pre-apprenticeships in vocational schools, §§ 26–32 apply analogously.

Educational

permit

Open

apprenticeships

Counseling and

support

Apprenticeship

contract

Start of

apprenticeship

Shortening

or

Extension

of the apprenticeship period

Section 3: Practical Professional Experience

1. The following are subject to the duty to obtain a permit

a. Training companies,

b. Training workshops,

c. Lead organizations or lead companies of training company networks,

d. Providers of school-based vocational education and training as those re-

sponsible for internships in accordance with Art. 15 para. 2 of the Voca-

tional Education and Training Ordinance of 19 November 2003 (VETO)4.

2. The Office grants the training permit if the operational and personnel requirements for the in-company training of apprentices are met.

The Office may publicly announce the apprenticeship companies that have open apprenticeship positions.

The Office advises and supports vocational training companies and apprentices, as well as other providers of education in vocational practice.

1 The apprenticeship contract must be concluded using the contract form designated by the Office and submitted to the Office for approval.

2 The Office approves the apprenticeship contract if an educational authorization has been granted and the other legal requirements are met.

3 Contracts for school-based basic vocational training according to

The apprenticeship begins at the latest when vocational schools and vocational baccalaureate schools in the canton commence their lessons. Exceptions are decided by the Office after consultation with the apprenticeship contract parties and the vocational school.

1 To accommodate individual educational needs, the Office may, in special cases and with the consent of the contracting parties, shorten or extend the apprenticeship period.

2 The Office makes the decision in consultation with the vocational school.

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Section 4: Vocational Training Responsibles

¹ The Office decides on the recognition of federal diplomas and course certificates from training programs for vocational training officers in accordance with Art. 51 para. 1 lit. a BBV.

**² It determines the cantonal educational programs for vocational pedagogical qualification, equivalent to 100 learning hours and 40 course hours.**

**³ The Office may fully or partially exempt vocational trainers from attending the training programs if they have acquired the necessary competencies elsewhere.**

**5. Section: Vocational School Instruction**

**A. School Commissions of the Cantonal Schools**

1 School commissions of the cantonal vocational schools – Members

comprise seven to eleven members each. They include representatives and presidency

of the organizations of the world of work, of employers and employees.

2 The school regulations

a. regulate the representation of teachers and learners according to

1. Convening and Secretariat

The School Commission shall be convened by the President or, upon request by at least one-third of the Commission members.

**2. Secretariat**

The secretariat shall be managed by the school. It shall take the administrative and organizational measures necessary for the preparation and handling of the School Commission's business.

¹ The members of the School Commission have the right to submit motions and to attend and

vote at meetings. They are obliged to cast their votes.

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Protocol

Presidential

Conference

Tender

and Appointment

2 The School Commission has a quorum if the majority of its

members are present. It makes its decisions by a simple

majority of votes. In the event of a tie, the President has the

casting vote.

3 The President may decide on less important

or urgent matters independently or arrange for decisions to be made

by circular resolution. For a circular resolution, the

consent of the majority of members is required.

4 The School Commission determines the form in which decisions

and presidential orders are to be communicated.

5 The office is entitled to participate in the meetings with an advisory vote.

Minutes shall be taken of the meetings, which shall contain in particular the resolutions. The minutes shall be delivered to the participants and the Office.

1 The presidents of the school commissions form the Presidential Conference.

2 This conference elects a chairperson and a deputy from among its members.

3 The Presidential Conference ensures coordination between the school commissions. The chairperson represents the Presidential Conference to the Directorate of Education and the Office.

4 The Office and a representative of the Conference of Rectors are entitled to participate in the conference with an advisory vote.

B. School Management of Cantonal Vocational Schools

1 Newly created positions for school management members

are advertised publicly.

2 After hearing the General Assembly, the School Commission

submits a request to the Government Council for the appointment of rectors and prorectors,

to the attention of the Department of Education.

3 For re-election, positions are not publicly advertised. The School Commission obtains the opinion of the General Assembly

and submits its election proposals to the Office.

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1 The Principal (Rector) or Head of School chairs the school administration

and bears overall responsibility for the school.

2 She or he appoints her or his deputy from among the Vice-Principals

(Prorectors) or Vice-Heads of School.

1. The rectors and rectors of the cantonal and the Conference of

non-cantonal vocational schools form the Conference of Rectors and Rectors.

Rectors

2. This body elects a chairperson and a deputy from among its members. The chairperson represents the Conference before the Directorate of Education and the Office.

3. The Conference is responsible for coordination among the school administrations. It regulates its business activities in a regulation that requires the approval of the Directorate of Education.

4. The regulation may provide for the holding of partial meetings.

5. The Office and a representative of the teachers' conference of the vocational schools are entitled to participate in the Conference with an advisory vote.

C. Learners

1. **Attendance at Lessons; Compulsory Schooling**

Students attend lessons according to the timetable. The school administration may declare participation in school events outside of the timetable to be compulsory. The interests of the apprenticeship providers must be taken into account.

2. The Directorate of Education regulates absences in the Disciplinary Code.

The school administration may, for important reasons, grant learners exemption

from attending individual lessons.

from lessons

D. School Operations

1 The Office decides on requests for reassignments of apprentices and training companies after hearing the parties to the apprenticeship contract and the schools concerned.

2 The decisive factors are the projected class sizes and the special circumstances invoked by the apprentice or the training company.

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Consultation and medical tasks

1 The school administration ensures the provision of advisory services required under health legislation for health promotion and addiction prevention, as well as counselling for sexual harassment and discrimination.

2 It may commission doctors to conduct confidential medical clarifications, particularly when there are doubts regarding health-related absences or school readiness.

School Holidays

1 The Directorate of Education determines school holidays. It

aligns them with the school holidays of secondary schools.

2 In exceptional cases, the Office may, upon application by schools, make

industry-specific regulations.

Support and

Elective Courses

Expert

Individual

Guidance

School Management

Supervisory Body

E. Support Measures

1 The school organizes the support programs.

2 The office decides in cases of disagreement regarding attendance at support and optional courses in accordance with Art. 20 para. 3 BBV.

1 The Directorate of Education issues guidelines regarding the professional individual support in accordance with Art. 10 para. 4 VET Ordinance.

2 The guidelines regulate in particular the determination of eligibility, the range of services, and the requirements for the accompanying persons.

F. Organization of non-cantonal vocational schools

1 The school administration designated in the school regulations is responsible for the pedagogical, personnel, financial, and administrative management of the school.

2 The member of the school administration responsible to the Directorate of Education participates in the conference of rectors in accordance with § 25.

1 The supervisory body of the non-cantonal vocational school

is independent of the operational management of the school.

2 The supervisory body includes representatives of the organizations

of the world of work and of employers and employees.

It appoints a person who participates as a member in the Presidential Conference

according to § 22.

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3 The supervisory body regularly reviews the quality and economic

efficiency of the fulfillment of the mandate.

4 The office is entitled to participate in the meetings with an advisory vote,

provided that the agenda items concern the performance mandate.

6th Section: Other forms of vocational education and training

and vocational baccalaureate education

A. Training workshops, full-time schools, and vocational baccalaureate schools

The provisions regarding the organization of the cantonal vocational schools apply mutatis mutandis to cantonal full-time schools of basic vocational education, training workshops, vocational baccalaureate schools, and schools offering vocational continuing education.

1 In the admission procedure, learners must demonstrate special aptitude and educational prerequisites.

2 The school administration decides on admission according to the admission criteria set by the Directorate of Education and the available places. There is no entitlement to admission to a full-time school training program or a training workshop in accordance with § 35.

1. Where courses of education leading to the acquisition of the Federal Vocational Education and Training (VET) Diploma and the Professional Baccalaureate are offered at cantonal secondary schools in accordance with § 1 of the Secondary School Act of 13 June 1999, the disciplinary law of secondary schools shall apply in the event of disciplinary offenses.

2. During the school holidays of secondary schools, learners may be called up for inter-company courses or internships, provided that the entitlement to holidays is preserved in accordance with the provisions of the Code of Obligations.

B. Catch-up education

1 The Office, in consultation with the cantonal vocational schools, Cantonal

provides supplementary catch-up training programs that lead to Offer

the acquisition of a Federal VET Diploma or a Federal VET

Certificate outside of a regulated training program (Arts. 31 and 32

VETVO).

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2 It may commission vocational schools or third parties with the

organization and implementation.

3 The school management decides on admission in accordance with

the admission criteria set by the Directorate of Education and the

available places. There is no entitlement to admission to a catch-up

training program.

C. Private Offers of Basic Vocational Education and Training

with which education in professional practice against school fees is agreed upon, will not be approved as apprenticeship contracts. Reasonable cost contributions for obligatory teaching materials and for materials are not considered school fees.

1 The educational institutions coordinate and supervise

the practical deployments of the learners.

2 They conclude a contract with the providers of internship positions

and use the contract form designated by the Office.

3 If an internship lasts longer than six months, the contract must be submitted to the Office for approval before the internship begins.

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D. Inter-company courses and comparable third learning venues

1 The Office refers to the organizations of the world of work, general,

which offer mandatory inter-company courses and comparable third learning sites for apprentices from companies located in the canton.

2 Providers of inter-company courses located in the canton shall designate the course commission responsible for operational management and the independent supervisory commission. The Office and the vocational schools are represented in the course commission with an advisory vote.

3 The Office concludes performance agreements with the providers regarding the execution of the courses.

4 In special cases, the canton may offer inter-company courses itself, particularly if an offer is not provided by an organization of the world of work nor by another canton.

Students without an Apprenticeship Contract

Students without an apprenticeship contract are entitled to attend inter-company courses, provided that they

a. are preparing as repeat candidates to acquire the Federal VET Diploma or the Federal VET Certificate;

b. are undertaking a remedial education in order to be admitted to the qualification procedure in accordance with Articles 31 and 32 of the VET Ordinance;

c. are students of a cantonal or non-cantonal full-time vocational education and training school with a performance agreement.

1. The Office may, upon application by a provider of education, exempt

its apprentices in vocational practice from attending the inter-company

course in accordance with § 41 para. 1, if

a. the course offering is provided in an in-company training centre or in

a vocational workshop,

b. the course offering is factually and chronologically distinct from the prescribed

vocational practice in the training company,

c. the personnel requirements for the training and participation in

the qualification procedure are met.

2. An exemption in accordance with para. 1 does not establish a right to

the payment of state contributions. The Canton may, after consultation

with the organisation of the world of work in accordance with § 41 para. 1, provide

state contributions if the exemption does not waive a course offering

for the provision of which the Canton has already pledged or paid contributions.

Exemption

from attending

the inter-company

course

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E. Vocational Baccalaureate Instruction

VEG BBG

Cantonal

Vocational

Baccalaureate

Commission

1 The Cantonal Vocational Baccalaureate Commission supervises the

preparation and execution of the final examination and certifies

the examination results. The Commission issues the necessary

technical and organizational instructions.

2 The Commission comprises seven to eleven members. It includes

representatives of vocational baccalaureate schools, universities of applied sciences,

employers' and employees' associations, and the Office. For the

term of office, § 11 para. 2 EG BBG applies.

The attendance of vocational baccalaureate education requires sufficient performance in the company and in vocational school. If there is no agreement between the parties to the apprenticeship contract and the school regarding the continued admission of the learner to vocational baccalaureate education, the Office decides.

Requirements

for Learners

Examination

Commissions

7. Section: Qualification Procedure

1 The examination commissions conduct the qualification procedures assigned to them. They

a. determine their organisation,

b. appoint and instruct the examination experts,

c. issue the necessary technical and organisational instructions for the conduct of the qualification procedures,

d. determine the examination results and communicate them to the learners and the training companies,

e. organise the handing over or dispatch of the federal certificates of proficiency and federal vocational attestations issued by the Office to the graduates,

f. decide on objections and comment on appeals,

g. decide on the recognition of non-formally acquired education achievements and issue corresponding certificates of achievement.

2 The term of office of the commission members is four years. Re-election is possible.

3 Eligible to be a member of an examination commission is anyone who meets the requirements for vocational training professionals and preferably has experience as an examination expert. The Office may permit exceptions.

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1. **Eligibility of Examination Experts**

A person who meets the requirements for vocational training officers is eligible to be elected as an examination expert.

2. **Obligations of Examination Experts**

Examination experts are required to attend training and instruction events organized by the Confederation, the Office, and the Examination Commission.

### The Office

In the qualification procedure, the Office performs the following tasks

a. It decides on the admission and the conduct of examinations and validation procedures in accordance with the instructions of the Department of Education pursuant to Art. 4 para. 2 lit. b EG BBG.

b. It decides on the admission of persons without an apprenticeship contract to the qualification procedure.

c. It determines the compensation for the members of the examination commissions and the examination experts, as well as for the auxiliary personnel.

d. It issues regulations concerning the management of examination documents and the inspection of files.

The training companies participate in the qualification procedure within the framework of the education ordinances and the instructions of the examination bodies. They prepare the performance documentation and communicate the operational experience grade required for qualification to the Office in a timely manner.

Exemption from Fees

For individuals who do not possess a federal vocational education and training diploma (Eidgenössisches Fähigkeitszeugnis) or a federal vocational education and training certificate (Eidgenössisches Berufsattest), nor a tertiary-level professional education and training qualification, the qualification procedure is free of charge. Article 41(2) of the Enforcement Act to the Federal Act on Vocational Education and Training (EG BBG) remains reserved.

1 Where possible, collective examinations shall be conducted. Conduct

As a rule, standardized examination tasks, developed intercantonally, shall be used. of Qualification

Procedures

2 The qualification procedures are not public.

3 The Directorate of Education shall regulate the qualification procedure in a

Regulation, in particular, concerning

a. dispensations and examination accommodations;

b. performance assessment and measures in case of absences and

other irregularities.

§§ 52 and 53.8

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Part 3.7: Administration of Justice

VEG BBG

Objection

10 Subject to appeal are

a. Qualification decisions for basic vocational education and training and for

the vocational baccalaureate, as well as for cantonal higher technical colleges and

higher technical colleges with performance agreements,

b. Decisions concerning the recognition of non-formally acquired

education,

c. Final assessments of vocational preparation years.

Appeal

Decisions of the offering organization regarding admission, as well as cost and fee requirements, can be challenged by appeal to the Education Directorate.

Term Limit

Entry into Force

4.7 Part: Final Provisions

For the members of the school administration currently in office, the term of office relevant for the term limit pursuant to Section 12 subsection 3 EG BBG begins to run with the entry into force of this Ordinance.

This Ordinance shall enter into force at the beginning of the school year 2009/

2010 (17 August 2009).

Annex6

1 OS 64, 390; for reasoning see ABI 2009, 1263.

2 LS 413.21.

3 LS 413.31.

4 SR 412.101.

5 SR 837.0.

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6 Repealed by Decree of the Cantonal Government dated 24 November 2010 (OS 65, 913; ABI 2010,

2650). In force since 1 January 2011.

7 Version in accordance with the Decree of the Cantonal Government dated 27 November 2013 (OS 69, 61; ABI 2013-12-06).

In force since 1 March 2014.

8 Repealed by Decree of the Cantonal Government dated 27 November 2013 (OS 69, 61; ABI 2013-12-

06). In force since 1 March 2014.

9 Inserted by Decree of the Cantonal Government dated 30 April 2014 (OS 69, 311; ABI 2014-05-09). In

force since 18 August 2014.

10 Version in accordance with the Decree of the Cantonal Government dated 30 April 2014 (OS 69, 311; ABI 2014-05-09). In

force since 18 August 2014.

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Abs. 5 of the Unemployment Insurance Act of June 25, 1982 (AVIG) to coordinate.