VPETO

By Steph4
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In The Matter OfVPETO
Exhibit A
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English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 General Provisions

Art. 6 Definitions

In implementation of the Federal Vocational and Professional Education and Training Act, or as a complement thereto, the following terms shall be used: a. dual-track VET programme: a VET programme where most learning takes place at a host company or within a host company network; b. school-based VET programme: a VET programme where most learning takes place at a school, namely a trade school or a commercial school; c. host company network: a group of two or more companies that have pooled their resources for the purpose of providing comprehensive and specialised workplace training; d. traineeship: a form of workplace training which, while considered part of a school-based VET programme, takes place outside the school.

Art. 7 Preparation for upper-secondary level VET

(Art. 12 VPETA) 1 After completing compulsory education, pupils may attend pre-vocational courses. These practical and work-related options are intended to prepare pupils for enrolment in upper-secondary level VET. 2 Pre-vocational courses last no more than one year and are scheduled according to the academic year. 3 Pupils are assessed at the end of these preparatory courses.

Art. 8 Apprenticeship contract

(Art. 14 and 18 para. 1 VPETA) 1 If several apprenticeship contracts mentioned in Article 14 paragraph 2 sentence 2 of VPETA are needed to cover the various portions of workplace training, then all of these contracts must be signed and approved by the cantonal authorities prior to commencement of the first apprenticeship. 2 If workplace training takes place within a host company network, then the apprenticeship contract shall be signed by the coordinating company or organisation and the learner. 3 The trial period shall run from the apprenticeship start date established in the corresponding apprenticeship contract. If an apprenticeship contract under paragraph 1 has been drafted to cover only a portion of workplace training, then the trial period for that portion shall generally be one month in duration. 4 The provisions of the apprenticeship contract shall apply to dual-track VET programmes even when learners start out in a school-based VET programme for an extended period of time. Th

Art. 9 Official location of the workplace training segment

(Art. 16 para. 2 let. a VPETA) 1 The official location of the workplace training segment of a dual-track VET programme shall be the main location where workplace training takes place. 2 If the legal domicile of the host company and the main location where workplace training takes place are in two different Cantons, the main location where workplace training takes place shall be considered as the official location. 3 For host company networks, the location used by the coordinating company or organisation shall be considered as the official location. 4 If the cantonal authorities are unable to agree on the official location of the workplace training segment, then SERI shall decide.

Art. 10 Special requirements for two-year VET programmes

(Art. 17 para. 2 and 18 para. 2 VPETA) 1 Compared to three-year and four-year VET programmes, two-year VET programmes provide learners with specific vocational qualifications that are easier to acquire. They take account of the individual capabilities of learners by offering them a particularly broad range of courses and a personalised teaching approach. 2 VET ordinances for two-year VET programmes include provisions enabling learners to subsequently enrol in the three-year or four-year VET programme. 3 Two-year VET programmes may be extended or shortened by no more than one year. 4 If a learner runs the risk of not completing a VET programme, the cantonal authorities shall, after listening to the learner and the VET school, decide whether competent individual tutoring should be provided to the learner in question. 5 Competent individual tutoring not only includes classroom instruction but all relevant areas of training that the learner requires.

Art. 11 Supervision

(Art. 24 VPETA) 1 The cantonal authorities shall refuse to issue VET accreditation or shall revoke already issued VET accreditation if the workplace training proves unsatisfactory, if workplace trainers fail to adhere to legal requirements or if they fail to fulfil their obligations. 2 If there is a risk that a learner will be unable to complete a VET programme, the cantonal authorities shall discuss the matter with the people involved and take such steps as are needed to ensure that the learner is able to undergo vocational education and training in accordance with his or her skills and aptitudes. 3 If necessary, the cantonal authorities shall recommend that contracting parties revise the apprenticeship contract, or shall help the learner to transfer to another VET programme or learning location.

Section 2 VET Ordinances

Art. 12 Content

(Art. 19 VPETA) 1 VET ordinances shall cover the following aspects mentioned in Article 19 paragraph 2 VPETA: a. admission requirements; b. possible ways in which VET programmes may be structured in terms of course content and the level of personal maturity required for a given activity; c. instruments to improve the quality of VET programmes such as training plans and other related instruments; d. possible regional particularities; e. measures to ensure occupational health and safety; f. requirements in terms of content and structure of workplace training in a school within the meaning of Article 6 letter b; g. the organisation, duration and content of branch courses and similar third-party training courses and the coordination of these courses with classroom instruction at the VET school. 1bis VET ordinances also regulate the composition and tasks of Swiss committees for occupation development and quality (CODQ), which are established for the purpose of developing and improving the q

Para. 1bis let. b — Inserted by No I 6.3 of the O of 9 Nov. 2011 (Review of Extra-Parliamentary Committees), in force since 1 Jan. 2012 (AS 2011 5227). Para. 1ter — SR 172.010 Para. 1ter — Inserted by No I 6.3 of the O of 9 Nov. 2011 (Review of Extra-Parliamentary Committees), in force since 1 Jan. 2012 (AS 2011 5227). Para. 3 — SR 822.11 Para. 5 — Repealed by Art. 82 No 3 of the Sport Promotion Ordinance of 23 May 2012, with effect from 1 Oct. 2012 (AS 2012 3967). Para. 6 — SR 814.501 Para. 6 —

Art. 13 Requests and enactment

(Art. 19 para. 1 VPETA) 1 Professional organisations within the meaning of Article 1 paragraph 2 may request that a VET ordinance be enacted. 2 The request must be submitted to SERI with a written statement of the reasons. 3 The participation of the Cantons and professional organisations shall be required in order for SERI to prepare and enact such VET ordinances. 4 SERI shall ensure that there is coordination with and between the interested parties and the Cantons. If no agreement can be reached, then SERI shall decide on the basis of the overall need for VET programmes and any social partnership-related rules.

Section 3 Workplace Training

Art. 14 Host company network

(Art. 16 para. 2 let. a VPETA) 1 The companies belonging to a host company network shall formalise their respective tasks and responsibilities in a written contract. 2 They shall appoint a member to act as the coordinating company or organisation responsible for drafting and signing apprenticeship contracts and representing the host company network in its dealings with third parties. 3 The VET accreditation for the host company network shall be given to the coordinating company or organisation.

Art. 15 Traineeship places

(Art. 16 para. 1 let. a and 2 let. a VPETA) 1 For school-based VET programmes, VET schools shall ensure that the number of traineeship places matches the number of learners. The VET school shall provide the corresponding supervisory authority with proof of this. 2 VET schools shall be held accountable to their supervisory authority for the quality of traineeships. 3 VET schools shall sign a contract with a host company whereby the latter undertakes to provide workplace training and pay any corresponding wages to learners. 4 The host company and the learner shall sign a traineeship contract. This contract must be approved by the supervisory authority if the traineeship is to last for a period exceeding six months.

Art. 16 Practical training provided within the framework of school-based VET programmes

(Art. 16 para. 2 let. a VPETA) Before a school may obtain VET accreditation to provide practical training within the framework of a school-based VET programme, the cantonal authority shall contact the corresponding professional organisations to make sure that the practical training offered by the school corresponds to the needs of the labour market.

Section 4 Classroom instruction

Art. 17 VET schools

(Art. 21 VPETA) 1 Following consultation with the corresponding professional organisations, the VET school shall structure VET programmes into coherent modules. When doing so, the VET school shall take account of the skills and competences required for the occupation as well as the specific needs of learners. 2 The VET school shall designate a person whom learners and, if necessary, the host company may contact. 3 If poor performance in the classroom instruction segment compromises the learner’s ability to successfully complete the dual-track VET programme or if the learner’s conduct is unsatisfactory, the VET school shall first discuss the matter with the learner and then contact the host company.

Art. 18 Mandatory classroom instruction

(Art. 21 VPETA) 1 Learners who undergo workplace training at a host company are also required to attend classes at the VET school at least one day per week. If learners are required to attend classes for more than one day per week, then these classes must be scheduled in a contiguous fashion. 2 No school day may comprise more than nine lessons, including optional courses and remedial courses. 3 VET schools shall decide whether to grant or refuse requests by learners to be dispensed from attending mandatory classes. If dispensing learners will also have an impact on the qualification procedure, then the decision shall be made by the cantonal authorities.

Art. 19 Language, communication and society (LCS)

(Art. 15 para. 2 let. b VPETA) 1 SERI shall establish the minimum requirements for LCS subjects taught in two-year, three-year and four-year VET programmes. 2 These minimum requirements shall be set forth in a federal core syllabus or, if special needs so require, in VET ordinances.

Art. 20 Optional courses and remedial courses

(Art. 22 para. 3 and 4 VPETA) 1 Optional courses and remedial courses given by the VET school shall be scheduled so as not to have a negative impact on workplace training. During working hours, these courses should not take up more than a half a day per week on average. 2 The need to attend remedial courses shall be reviewed periodically. 3 If learner performance or conduct at the VET school or host company is unsatisfactory, the VET school shall, in consultation with the host company, exclude the learner from optional courses. In the event of disagreement, the cantonal authorities shall decide on the matter. 4 VET schools shall ensure that there is a well-balanced offering of optional and remedial courses. In particular, VET schools shall offer optional language courses.

Section 5 Branch Courses and Similar Third-party T

(Art. 23 VPETA)

Art. 21

1 The Cantons shall provide funding to professional organisations in support of their efforts to sponsor branch courses and similar third-party training courses. 2 The contribution paid by companies to cover the costs of branch courses and similar third-party training courses may not exceed the total cost of the said courses. 3 The host company shall pay learner costs in relation to attendance of branch courses and similar third-party training courses.

Section 6 Federal Vocational Baccalaureate

(Art. 25 VPETA)

Art. 22

The Federal Vocational Baccalaureate (FVB) is governed by the Vocational Baccalaureate Ordinance of 24 June 2009.

Art. 22 — Amended by Art. 35 para. 2 of the Vocational Baccalaureate Ordinance of 24 June 2009, in force since 1 Aug. 2009 (AS 2009 3447). SR 412.103.1