VOCATIONAL TRAINING

The primary source of law in the field of vocational training is the Vocational Training Act, which stipulates that the institutions of vocational training are as follows: vocational secondary schools, trade schools, vocational schools and special vocational schools.¹ The institutions listed here are, however, concurrently public education institutions, also governed by the Public Education Act and Decree 11/1994. (VI. 8.) MKM. Those complaints concerning institutions governed by the Vocational Training Act which concerned the infringement of public education rights were discussed in the preceding chapter. This might be one of the reasons why, of the complaints received by the Office, the number of cases which purely concern vocational training remains the lowest.

Only those issues are considered to belong in this category which concern the infringement of rights provided in the legislation on vocational training. Some issues are regulated by these statutes differently from the Public Education Act, and they contain certain provisions which only apply to vocational training.

One issue purely belonging to the field of vocational training is the practical training of students participating in vocational training. The major rules governing practical training of students are stipulated in the Vocational Training Act. We have found that various problems are rooted in the fact that the students and parents are not sufficiently informed about the legal regulations governing practical training. In 2002, one question was whether the practical training of students may only be organised by the school which they attend, and also whether they are entitled to remuneration for their work done in the framework of practical training.

In the context of practical training, the Vocational Training Act distinguishes between forms of vocational training which are part of the school system and those which are not. Pursuant to Paragraph (3) of Article 15 of the Act, practical training done in the framework of vocational training which is part of the school system can be organised and held - including an agreement within or with a school providing vocational education, or an apprenticeship contract 46 - at any place of practice maintained or operated by a legal entity or business organisation without legal personality, or self-employed entrepreneur, as long as the place meets the statutory requirement for preparation for requirements of the trade. Pursuant to Paragraph (1) of Article 27 of the Vocational Training Act, practical training can also occur on the basis of a written apprenticeship contract for practical training, concluded between the students and the business entity. Thus, students participating in vocational training which forms part of the school system can do their practical training in a manner not organised by the school, by concluding an apprenticeship contract.

Concerning vocational training which is not part of the school system, the Vocational Training Act stipulates that the location where the training takes place shall be specified in the training contract between the student and the institution providing vocational training. Therefore, in this case, the issue is resolved in the training contract.

The remuneration for work done in the framework of practical training is again regulated in the Vocational Training Act. Pursuant to Article 48 of the Act, students participating in vocational training without an apprenticeship contract are entitled to remuneration for the period of uninterrupted practical training. Students may also receive remuneration for practical training done in the course of the academic year as well, but this is not mandatory. The relevant conditions and rates have to be specified in the rules of operation of the institution providing vocational training and/or in the agreement with the business entity. If the practical training is based on an apprenticeship contract, the business entity must pay a fee to the student. The monthly amount payable to the student - irrespective of the number of days spent with theoretical and practical training - was equivalent to at least 7% of the minimum wage in 2001, and to 6% of the minimum wage in 2002. The amount paid to the various levels of students must be specified in the apprenticeship contract. (K-OJOG-201/2002.)

We have already referred to the provision of the Vocational Training Act whereby practical training may be organised at any school-based practice location or otherwise where the conditions for meeting practical requirements can be satisfied. Furthermore, Article 20 of the Act stipulates that - unless otherwise stipulated in an agreement - the entity organising practical training is required to provide the human and physical resources needed for the preparation for the requirements of the trade, as well as the practical examination. We have found, however, that the necessary human and physical resources are not always provided at the place where the practical training is held, which may impair the educational right of students in vocational training.

A parent claimed that the company laboratory where practical training was held for her child who was attending a school for dental technicians, did not provide sufficient human and physical resources for a satisfactory level of professional education. The parent claimed that, as a result, her child needed external assistance for preparing for the examinations at the end of the term. We informed the parent that under Paragraph (2) of Article 19/A and Paragraph (3) of Article 30 of the Vocational Training Act, supervision of practical training held at business entities is performed by the Chamber of Commerce responsible for the region in question. The same chamber also monitors compliance with the legal provisions concerning training. Thus, the parent had to turned to the Chamber of Commerce and Industry in the county. (K-OJOG-287/2002.)

We have found that most problems of final-year students in vocational training concerned the meeting of the requirement for a language examination certificate. In 2002. several students approached us with the question of whether they need to possess a language examination certificate before the school admits them to the vocational examination. The inquirers were informed of the language examination requirements relevant to their specific type of vocational training. (K-OJOG-41/2002., K-OJOG-183/2002., K-OJOG-248/2002.)

The students attending a vocational training education complained that their school requires them to possess a basic level, C-type language examination certificate before they are admitted to the vocational examination. They also objected to the decision of the Ministry of Education which refused the school's request that the requirements applicable to the training programme are amended in such a manner which allows the students to take the vocational examination without having a language examination certificate. They also objected to the fact that unlike them, college students are allowed to sit the state examination even without a language examination certificate. The complainants deemed that this was an instance of negative discrimination against students in vocational training. In their submission, they requested the Commissioner for Educational Rights to authorise them to take the vocational examination without possessing the required language examination certificate.

In his statement, the head of the institution informed the Office of the fact that although under Decree 7/1993. (XII. 30.) MüM on the National Training Register, a language examination is not required for the training programme in question, the school requires students to have one on the basis of Decree 18/1995. (VI. 6.) IKM on the professional and examination requirements of industrial and commercial qualifications. This Decree stipulates that one requirement for admission to vocational examination is the possession of at least a basic level of type C language examination certificate in English or in German, or equivalent.

In our opinion, the school acted in conformity with the legal provision currently in force when requiring the complainants to obtain the language examination certificate required under the Decree referred to above prior to the start of the vocational examination. It is not possible either for the Ministry of Education or the Commissioner for Educational Rights to authorise students of a certain school or those following a certain training programme to take the vocational examination when they do not possess the required language examination certificate. In our opinion, the fact that college students are allowed to sit the state examination without having a language examination certificate does not constitute negative discrimination against the complainants, as the differing requirements were stipulated for two different groups of subjects under the law. In addition, the nature and objective of the education in an accredited tertiary vocational training programme and in a college educational programme are different, and therefore the differences in demands - including the requirement concerning the language examination certificate - may be justified. Consequently, no infringement of educational rights was found in this case. (K-OJOG-278/2002.)

Pursuant to Paragraph (1) of Article 12 of the Vocational Training Act, a diploma certifying a professional qualification may only be issued to a person who has successfully taken the vocational examination. Vocational examinations are governed by Decree 26/2001. (VII. 27.) OM laying down the general rules and rules of procedure of vocational examinations. Pursuant to Paragraph (2) of Article 33 of this decree, examinees who received a fail mark or grade for the part of the examination specified by the Minister responsible for professional qualifications, or for a subject or subjects - possibly all subjects - at the vocational examination or improvement examination, must take a repeat examination. At the same time, Section (6) of the article of the decree referred to above also stipulates that it is not possible to re-sit a failed vocational examination and a repeat examination in the same examination period, or, when the vocational examination was organised in a period other than an examination period, within 30 days from the end of the examination.

The students of an institution providing vocational training had the following complaint. As they failed their vocational examination, they wanted to take a repeat examination sooner than normal, so that they would be able to find a job as soon as possible. At the educational department of the Ministry controlled by the Minister responsible for vocational qualifications, they were informed that they need the prior approval of the Minister of Education before they can receive the authorisation to sit the examination sooner than normal. The Vocational Training Department of the Ministry of Education stated that in their opinion , when the legal provision issued by the Minister responsible for the vocational qualification of the students submitting their request does not stipulate other rules concerning a failed vocational examination other than those described above, then the Ministry of Education cannot authorise the re-sitting of the examination within the same examination period or within 30 days from the exam. We gave this information to the complainants. (K-OJOG-370/2002.)

Failure at the vocational examination is not the only problem which might occur to the examinees. If the board of examiners at the vocational examination makes an unlawful decision, it constitutes an infringement of the educational rights of the examinees in each case. The right of students and their parents to initiate a legal remedy proceeding against the decision of the board of examiners functions as a guarantee. Under Paragraph (5) of Article 84 of the Public Education Act, students (or their parents) may object the decision, action or lack of action (hereinafter collectively referred to as decision) of the board of examiners at the vocational examination. To this end, they must submit a request for the verification of conformity with the law to the National Public Education Evaluation and Examination Centre (Országos Közoktatási Értékelési és Vizsgaközpont), within three working days from the decision concerning which they claim a violation of the law. The National Public Education Evaluation and Examination Centre must process the request for the verification of conformity with the law within three working days.

One student turned to us with the complaint that each of the 16 students in their group failed the oral part of their vocational examination. The student objected to the decision of the board of examiners at the vocational examination because each student in their group passed the written part of the exam. We provided the inquirer with the above information concerning the possibility of seeking a legal remedy. (K-OJOG-371/2002.)

¹ Only the institutions falling under the competence of he Minister of Education are mentioned here.

Content