Annual report 2001




VOCATIONAL TRAINING

The primary source of law for the area of vocational training is Act LXXVI of 1993 on Vocational training, which defines vocational secondary schools, skilled worker training schools, trade schools and special trade schools as vocational training institutions (3). However, the enumerated institutions are also public educational institutions covered by the scope of the Act on Public Education and of MKM Decree 11/1994 (VI. 8.) of the Minister of Culture and Education on the operation of educational and training institutions. Those complaints received from institutions within the scope of the Act on Vocational training that protested against the infringement of public educational rights has been discussed in the previous chapter. A consequence of this fact might be that the number of cases of purely vocational training type is the lowest among the complaints received by our Office.
We regard cases as such only if we were contacted with the infringement of a right provided for in legislation on vocational training. These pieces of legislation regulate certain issues differently from the Act on Public Education and contain provisions governing vocational training only.
A purely vocational training issue is the method of fulfilling the vocational training contribution obligation.

The principal of a vocational secondary school contacted our Office because they protested that, contrary to previous practices, a private limited company refused its financial support to the school for the last two years. Pursuant to Act LXXVII of 1996 on Vocational training contributions and on supporting the development of vocational training, and also to Paragraph (1) of Article 2 of Act LI of 2001 adopted recently and entered into force on July 1st, 2001, the private limited company is obliged to ensure a vocational training contribution. This obligation may be fulfilled in different ways, one being the provision of so-called development support for the vocational training school under an agreement on co-operation, as was done previously with respect to the school of the complainant. If, however, there is no agreement on co-operation or a contract for support regulated in OM Decree 17/1999 (IV. 2.) of the Minister of Health Care between the school and the private limited company in effect, then it is at the discretion of the limited company to provide development support as a reduction in its contribution obligation. It is also within the powers of the private limited company to determine when and which educational institution it wishes to support from its vocational training contribution. Since the school has no subjective right with respect to the receiving of development support, the private limited company did not infringe any rights. (K-OJOG-395/2001)

(3) This is a list limited to institutions covered by the scope of authority of the Minister of Education.

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  OFFICE OF THE COMMISSIONER FOR EDUCATIONAL RIGHTS
  1055 - Budapest, Szalay u. 10-14.; e-mail: panasz@oktbiztos.hu

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