Chapter 1 General Provisions |
Art. 1 Principles
1 Responsibility for upper-secondary level vocational education and training (VET) and tertiary-level professional education shall be shared by the Confederation, the Cantons and professional organisations (social partners, trade associations as well as other organisations and education and training providers within the VPET system). They shall strive to ensure that there is an adequate number of training options within the VPET system, particularly in promising occupational and professional fields. 2 The measures taken by the Confederation shall be designed to provide the Cantons and professional organisations with financial and other resources to encourage initiatives to the greatest extent possible. 3 In order to fulfil the purpose of this Act:
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Art. 2 Object and scope
1 This Act applies to all occupational and professional fields except those covered by the higher education sector:
2 This Act does not apply to education and training governed by other Federal Acts. 3 The Federal Council may, in agreement with the Cantons, exclude individual occupational or professional fields from the scope of this Act if doing so is required for the efficient allocation of tasks between the Confederation and the Cantons. |
Art. 3 Objectives
This Act shall foster and develop:
3 Amended by Annex No 2 of the FA of 16 Dec. 2016 (Integration), in force since 1 Jan. 2019 (AS 2017 6521, 2018 3171; BBl 2013 2397, 2016 2821). |
Art. 4 Development of the VPET system
1 In order to develop the VPET system, the Confederation shall lend support to studies, pilot projects, VPET research and the creation of viable structures in new VPET areas. 2 The Confederation shall also become involved in such activities whenever this is needed to further the development of the VPET system. 3 If necessary, and following consultation with the Cantons and professional organisations concerned, the Federal Council may temporarily deviate from the provisions of this Act for pilot projects. 4 The quality and independence of VPET research must be guaranteed by qualified research institutes. |
Art. 5 Information, documentation and teaching materials
The Confederation shall promote:
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Art. 6 Understanding and exchange between linguistic communities
1 The Confederation may promote VPET initiatives that favour greater understanding and exchange between linguistic communities. 2 Specifically, it may promote:
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Art. 9 Encouraging permeability within the education system
1 Regulations on the VET and professional education sectors shall ensure the greatest possible permeability both within the VET and professional education sectors as well as between the VET and professional education sectors and other sectors of the education system. 2 The professional or non-professional experience or technical or general skills gained outside usual formal education and training pathways shall also be recognised and/or validated where appropriate. |
Art. 11 Private providers
1 The measures contained in this Act must not create unfair distortions of competition affecting private providers on the education market. 2 Public providers competing with unsubsidised private providers must charge market prices for their job-related CET courses. |
Chapter 2 Vocational Education and Training |
Section 1 General Provisions |
Art. 14 Apprenticeship contract
1 Learners and host companies shall enter into an apprenticeship contract. Unless this Act provides otherwise, the apprenticeship contract is governed by the provisions of the Code of Obligations4 on apprenticeship contracts (Art. 344–346a). 2 The apprenticeship contract shall be entered into for the full duration of the VET programme. If work-based training involves apprenticeships in various companies, then several apprenticeship contracts may be entered into to cover the duration of each successive apprenticeship. 3 The apprenticeship contract must be approved by the local cantonal authority. No fees may be charged for such approval. 4 If the apprenticeship contract is terminated, the host company providing work-based training must notify the local cantonal authority and, if applicable, the VET school without delay. 5 If a host company ceases its activities or no longer provides work-based training in accordance with statutory provisions, the Cantons shall ensure that learners are able to complete their VET programme in the proper manner. 6 The provisions of this Act apply even if an apprenticeship contract is not signed, is not submitted for approval or is submitted late for approval. 4 SR 220 |
Section 2 Structure |
Art. 15 Subject matter
1 VET programmes are intended to ensure the transfer and acquisition of upper secondary-level skills, knowledge and know-how (hereinafter referred to as competences) needed to carry out the tasks associated with an occupation, occupational field or field of activity (the latter two terms hereinafter referred to jointly as «occupational activity»). 2 In particular, VET programmes include the transfer and acquisition of:
3 VET begins after a learner completes compulsory education or obtains an equivalent qualification. The Federal Council shall establish the criteria whereby a minimum age for commencement of VET may be set. 4 The mandatory teaching of a second language is governed by VET ordinances. 5 The teaching of physical education is governed by the Sport Promotion Act of 17 June 20115.6 5 SR 415.0 6 Amended by Art. 34 No 3 of the Sport Promotion Act of 17 June 2011, in force since 1 Oct. 2012 (AS 2012 3953; BBl 2009 8189). |
Art. 16 VET segments, learning locations, responsibilities
1 VET programmes shall include the following segments:
2 VET normally occurs at the following learning locations:
3 Using the requirements of the occupational activity as a frame of reference, the corresponding VET ordinance shall establish how the content of the VET programme shall be distributed across each of the three VET segments mentioned in paragraph 1, how the content will be structured and how much time will be devoted to each segment. 4 Obligations to learners shall be determined by the apprenticeship contract. Where no apprenticeship contract has been signed, the corresponding obligations shall depend on the learning location. 5 In order to achieve VET programme objectives, host companies, VET schools and branch training centres shall coordinate their activities. |
Art. 17 Types and duration of VET programmes
1 VET programmes cover a period of two, three or four years. 2 On completion of a two-year VET programme, learners shall take a final examination to obtain the Federal VET Certificate. Two-year VET programmes are designed to take the specific needs of learners into account. 3 On completion of a three-year or four-year VET programme, learners shall take a final examination to obtain the Federal VET Diploma. 4 Holders of the Federal VET Diploma who obtain passing scores on the FVB Examination after completing the preparatory course for that examination shall be issued the Federal Vocational Baccalaureate. 5 Competences acquired through non-formal learning may be validated through specific qualification procedures leading to issuance of a Federal VET Diploma. |
Art. 18 Taking individual needs into account
1 The duration of a VET programme may be shortened or lengthened to accommodate especially talented learners, learners who have already undergone relevant training, learners with learning difficulties and learners with disabilities. 2 The Federal Council shall issue special provisions covering the individual tutoring of learners with learning difficulties in two-year VET programmes. 3 The Confederation may provide funding to cover the costs of individual tutoring. |
Art. 19 VET ordinances
1 The State Secretariat for Education, Research and Innovation (SERI)7 shall issue education ordinances for each VET programme. These VET ordinances shall be issued at the request of professional organisations or, if necessary, at its own initiative. 2 The VET ordinances shall cover the following aspects in particular:
3 Qualification procedures to validate non-formal learning shall be based on corresponding VET ordinances. 4 …8 7 Term in accordance with No I 8 of the O of 15 June 2012 (Reorganisation of the Departments), in force since 1 Jan. 2013 (AS 2012 3655). This amendment has been made throughout the text. 8 Inserted by Art. 21 No 2 of the Publications Act of 18 June 2004 (AS 2004 4929; BBl 20037711). Repealed by Annex No 4 of the FA of 26 Sept. 2014, with effect from 1 Jan. 2016 (AS 2015 3977; BBl 20137057). |
Chapter 3 Professional Education |
Art. 26 Subject matter
1 Tertiary-level professional education is intended to enable the transfer and acquisition of competences needed to carry out the complex tasks and decision-making associated with a given profession. 2 Holders of a Federal VET Diploma, a tertiary-level higher education qualification or an equivalent qualification may pursue professional education. |
Art. 27 Forms of professional education
A tertiary-level professional qualification may be obtained:
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Art. 28 Federal professional examinations and advanced federal professional examinations
1 Suitable professional experience and expertise are required in order to take a federal professional examination or an advanced federal professional examination. 2 The corresponding professional organisations shall establish admission requirements, course content, qualification procedures, qualifications and titles. They shall take into account completed courses of study. The examination rules shall be subject to approval by SERI. They shall be published in the Federal Gazette in the form of a reference made in accordance with Article 13 paragraph 1 letter g and 3 of the Publications Act of 18 June 20049.10 3 The Federal Council shall establish the requirements and procedures for obtaining approval. 4 The Cantons may offer preparatory courses. 10 Fourth sentence inserted by Art. 21 No 2 of the Publications Act of 18 June 2004, in force since 1 Jan. 2005 (AS 20044929; BBl 20037711). |
Art. 29 Professional education institutions
1 Anyone wishing to attend a federally recognised study programme at a professional qualification institution must have sufficient professional experience, unless such professional experience is included in the course of study. 2 The full-time study programme shall last a minimum of two years, including traineeships at host companies. The part-time study programme shall last a minimum of three years. 3 The Federal Department of Economic Affairs, Education and Research (EAER)11 shall work with professional organisations to establish the minimum requirements for federal recognition of study programmes and continuing education and training at professional education institutions. They shall establish the admission requirements, course content, qualification procedures, qualifications and titles. 4 The Cantons may offer their own courses of study. 5 The Cantons shall be responsible for overall supervision of professional education institutions that offer federally recognised study programmes. 11 Term in accordance with No I 8 of the O of 15 June 2012 (Reorganisation of the Departments), in force since 1 Jan. 2013 (AS 2012 3655). This amendment has been made throughout the text. |
Chapter 4 Job-Related Continuing Education and Training |
Art. 32 Measures taken by the Confederation
1 The Confederation shall support job-related CET. 2 In particular, it shall provide funding for job-related CET that enables learners to:
3 The Confederation shall also support measures designed to improve the coordination, transparency and quality of job-related CET. 4 Federally-funded job-related CET must be coordinated with the labour market measures mentioned in the Unemployment Insurance Act of 25 June 198212. 12 SR 837.0 |
Chapter 5 Qualification Procedures, Qualifications and Titles |
Section 2 Vocational Education and Training |
Art. 37 Federal VET Certificate
1 The Federal VET Certificate shall be awarded to learners who obtain passing scores on their final examination or whose competences have been validated through an equivalent qualification procedure. 2 The Federal VET Certificate shall be issued by the local cantonal authority. |
Art. 38 Federal VET Diploma
1 The Federal VET Diploma shall be awarded to learners who obtain passing scores on their final examination or whose competences have been validated through an equivalent qualification procedure. 2 The Federal VET Diploma shall be issued by the local cantonal authority. |
Art. 39 Federal Vocational Baccalaureate
1 The FVB shall be awarded to holders of the Federal VET Diploma who obtain passing scores on the FVB Examination or whose competences have been validated through an equivalent qualification procedure. 2 …13 3 The Cantons shall be responsible for organising FVB Examinations and issuing FVBs. The Confederation may also organise FVB Examinations. 13 Repealed by Annex No II 2 of the Higher Education Act of 30 Sept. 2011, with effect from 1 Jan. 2015 (AS 2014 4103; BBl 2009 4561). |
Art. 40 Qualification procedures
1 The Cantons shall be responsible for organising qualification procedures. 2 On request, SERI may delegate a professional organisation to organise a qualification procedure for specific regions of Switzerland or for the entire country. |
Art. 41 Examination fees
1 No fees may be charged to learners or host companies for examinations leading to issuance of the Federal VET Certificate, the Federal VET Diploma or the FVB. 2 Fees may be charged to learners who withdraw from or fail to appear at an examination for no justifiable reason as well as to learners who repeat an examination. |
Chapter 6 Training of Professionals working within VPET system |
Art. 45 Requirements for workplace trainers
1 Workplace trainers handle the workplace training segment of VET programmes. 2 Workplace trainers shall have received training in their technical field as well as an adequate level of training in pedagogical and didactic methods. 3The Federal Council shall establish the minimum requirements for the training of workplace trainers. 4 The Cantons shall ensure that workplace trainers receive adequate training. |
Art. 46 Requirements for teachers
1 Teachers working in the VET, professional education and job-related CET sectors shall have received training in their technical field as well as in pedagogical and didactic methods. 2 The Federal Council shall establish the minimum requirements that must be met by teachers working in these sectors. |
Art. 48 Support for vocational pedagogy 14
1 The Confederation shall support vocational pedagogy. 2 For this purpose, it runs the Swiss Federal University for Vocational Education and Training (SFUVET). The remit and structure of SFUVET are laid down in the SFUVET Act of 25 September 202015. 14 Amended by Art. 36 of SFUVET Act of 25 Sept. 2020, in force since 1 Aug. 2021 (AS 2021 414; BBl 2020 661). 15 SR 412.106 |
Art. 48a16
16 Inserted by Annex No 1 of the FA of 18 June 2010 (AS 2010 5003; BBl 2009 7207). Repealed by Art. 36 of the SFUVET Act of 25 Sept. 2020, with effect from 1 Aug. 2021 (AS 2021 414; BBl 2020 661). |
Chapter 7 Vocational, Educational and Career Guidance |
Art. 51 Cantonal authority tasks
1 The Cantons shall be responsible for providing vocational, educational and career guidance. 2 They shall ensure that vocational, educational and career guidance activities fall in line with labour market measures provided for in the Unemployment Insurance Act of 25 June 198217. 17 SR 837.0 |
Chapter 8 Federal Subsidies for VPET system; VPET Funds |
Section 1 Federal Subsidies for VPET system |
Art. 52 Principle
1 Within the range of the approved budgets, the Confederation shall provide funding to cover an appropriate portion of the costs of VET and professional education under this Act. 2 The Confederation shall mainly provide the Cantons with lump-sum funding so that they may carry out the tasks referred to in Article 53. The Cantons shall pass on these subsidies to the third parties concerned in proportion to the tasks that have been delegated to them. 3 The Confederation shall pay the remaining portion of funding to:
18 Inserted by No I of the FA of 16 Dec. 2016, in force since 1 Jan. 2018 (AS 2017 5143; BBl 2016 3089). |
Art. 53 Lump-sum funding for the Cantons
1 The lump-sum funding paid by the Confederation to the Cantons shall mainly be calculated on the basis of the number of learners enrolled in VET programmes. Adequate consideration shall also be given to the range and type of VET programmes as well as the availability of professional education. The Federal Council may also take other criteria into account.19 2 Lump-sum funding shall be used for the following purpose:
19 Amended by No II 4 of the FA of 6 Oct. 2006 on New System of Fiscal Equalisation and Division of Tasks between the Confederation and Cantons, in force since 1 Jan. 2008 (AS2007 5779; BBl 2005 6029). |
Art. 54 Subsidies for projects that seek to develop and improve the quality of the VPET system
The subsidies in support of VPET development projects under Article 4 paragraph 1 and projects that seek to improve quality under Article 8 paragraph 2 shall be provided for a limited duration. |
Art. 55 Subsidies for specific activities that serve the public interest
1 Specific activities that serve the public interest include the following:
2 Subsidies for public-interest services shall only be paid if the services are planned for the long-term, and require particular financial support in order to be provided. 3 The Federal Council may decide that other services in the public interest qualify for subsidies. 4 The Federal Council shall establish the criteria for the granting of subsidies. |
Art. 56 Subsidies for federal professional examinations, advanced federal professional examinations; study programmes at professional education institutions
The Confederation may provide subsidies to professional organisations wishing to conduct federal professional examinations, advanced federal professional examinations and study programmes at professional education institutions. |
Art. 56a Subsidies to persons completing preparatory courses for federal professional examinations and advanced federal professional examinations 20
1 The Confederation may pay persons who complete a preparatory course for a federal professional examination or advanced federal professional examination (Art. 28). 2 These subsidies may not exceed 50 per cent of eligible course fees. 3 The Federal Council shall establish the prerequisites for entitlement to a subsidy, the subsidy rate and eligible course fees. 4 The Confederation may, at the request of persons attending a preparatory course for a federal professional examination or an advanced federal professional examination, make an advance payment of part of the subsidy amount. The Federal Council shall decide on the specific details. 20 Inserted by No I of FA of 16 Dec. 2016, in force since 1 Jan. 2018 (AS 2017 5143; BBl 2016 3089). |
Art. 56b Information system 21
1 SERI shall maintain an information system enabling it to check payment of subsidies within the meaning of Article 56a and generate and analyse corresponding statistics. 2 It shall process the following data in the information system:
3 The Federal Council shall enact provisions on the structure and operation of the information system and on data security, the duration of data storage and deletion of data. 4 It may commission third parties to manage the information system and process data. 21 Inserted by No I of FA of 16 Dec 2016, in force since 1 Jan. 2018 (AS 2017 5143; BBl 2016 3089). 22 SR 831.10 |
Art. 57 Conditions and requirements
1 The subsidies referred to in Articles 53–56 shall only be provided if the activities to be funded:
2 The Federal Council may establish additional conditions and requirements. It shall regulate the calculation of subsidy amounts. |
Art. 59 Budgets, allocation of federal funding 23
1 For each multi-year subsidy period, the Federal Assembly shall issue a simple Federal Decree to approve the following:
2 As a guideline, the Confederation’s share of education funding should be one quarter of public expenditure on the VPET system under this Act. No more than ten per cent of the Confederation’s share of the costs shall be allocated as a subsidy under Articles 54 and 55 for projects and activities. 23 Amended by No I of FA of 16 Dec. 2016, in force since 1 Jan. 2018 (AS 2017 5143; BBl 2016 3089). 24 Inserted by Art. 36 of the SFUVET Act of 25 Sept. 2020, in force since 1 Aug. 2021 (AS 2021 414; BBl 2020 661). |
Section 2 VPET Funds |
Art. 60
1 In order to promote the VPET system, professional organisations responsible for organising VET, professional education, job-related CET and corresponding examinations may create and maintain their own VPET funds. 2 The professional organisations shall describe the purpose of their VPET fund. Specifically, the fund should be used to fund the activities of companies in their branch that carry out training activities for specific fields of activity.25 3 At the request of corresponding professional organisation, the Federal Council may declare the professional organisation’s VPET fund mandatory for all companies within the given economic branch and require that each company contribute to the fund. By analogy, the provisions of the Federal Act of 28 September 195626 on the Declaration of General Application of Collective Employment Agreements also apply. 4 In order for a fund to qualify as mandatory, the following conditions must be met:
5 The form and amount of contributions to the VPET fund shall depend on the amount of funding that the members of the corresponding professional organisation contribute to cover VPET costs. The Federal Council shall establish the maximum amount for contributions; this maximum amount may vary from one economic branch to another. 6 Companies whose contribution to VPET costs is already included in their membership fees to the professional organisation or companies that are able to demonstrate that they already provide commensurate VET, professional education and/or job-related CET courses, shall not be required to make payments into the VPET fund that has been declared mandatory for all other companies within the given economic branch. 7 SERI shall be responsible for overall supervision of mandatory VPET funds. SERI shall issue an ordinance to regulate the accounting and auditing aspects of such funds. 25 Second sentence amended by Annex No 13 of the FA of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 (AS 2016 689; BBl 2013 3729). |
Chapter 9 Appeals, Criminal Provisions, Implementation |
Section 1 Appeals |
Art. 61
1 The appeal authorities are:
2 All other cases shall be governed by the general provisions on federal administrative procedure. 27 Amended by Annex No 35 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 200621971069; BBl 20014202). 28 Repealed by Annex No 35 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 200621971069; BBl 20014202). |
Section 2 Criminal Provisions |
Art. 62 Infringements and negligence
1 Any person who provides work-based training:
shall be liable to a fine. 2 In cases where the fault is minor, an official reprimand may be issued instead. |
Art. 63 Abuse of title
1 Any person who:
shall be liable to a fine. 2 The criminal provisions of the Federal Act of 19 December 198629 on Unfair Competition are reserved. 29 SR 241 |
Section 3 Implementation |
Art. 65 Confederation
1 Unless otherwise provided by law, the Federal Council shall issue the implementing provisions. 2 The Federal Council may delegate the task of issuing regulations to the EAER or SERI. 3 The Federal Council shall consult the Cantons and interested professional organisations before enacting:
4 The Confederation shall ensure that the Cantons implement this Act. |
Art. 67 Delegation of tasks to third parties
The Confederation and the Cantons may delegate implementation to professional organisations. These organisations may charge fees for consultation and services rendered.30 30 Sentence inserted by No II of the FA of 17 Dec. 2004, in force since 5 Oct. 2005 (AS 2005 4635; BBl 2004 145). |
Art. 68 Recognition of foreign vocational and professional qualifications; International cooperation and mobility
1 The Federal Council shall establish criteria for the recognition of foreign vocational and professional qualifications that fall within the scope of application of this Act. 2 Under its own authority, the Federal Council may enter into international agreements intended to encourage international cooperation and mobility within the VET and professional education sectors. |
Art. 69 Federal Commission for Vocational and Professional Education and Training
1 The Federal Council shall create a Federal Commission for Vocational and Professional Education and Training (EBBK). 2 The EBBK shall be composed of no more than 15 representatives chosen from federal and cantonal levels, from professional organisations as well as from academic circles. The Cantons shall have the right to nominate three members. 3 The EBBK shall be run by the State Secretary of SERI. 4 SERI shall run the EBBK Secretariat. |
Art. 70 Tasks of the EBBK
1 The EBBK shall carry out the following tasks:
2 The EBBK may also submit its own proposals and provide grant funding agencies with recommendations on projects under assessment. |
Art. 71 Federal Vocational Baccalaureate Commission
The Federal Council shall appoint a Federal Vocational Baccalaureate Commission (FVBC).31 The FVBC shall act as an advisory body for all matters relating to the FVB, particularly the recognition of qualification procedures. 31 Amended by No I 6.2of the O of 9 Nov. 2011 (Review of Extra-Parliamentary Commissions), in force since 1 Jan. 2012 (AS 2011 5227). |
Chapter 10 Final Provisions |
Art. 73 Transitional provisions
1 The applicable cantonal and federal education ordinances must be amended or replaced within five years of commencement of this Act. 2 Titles that are protected under current legislation shall remain protected. 3 The implementation of lump-sum funding mentioned in Article 53 paragraph 2 shall be phased in over a period of four years. 4 The Confederation shall gradually increase its subsidy over a period of four years until this subsidy reaches the level established in Article 59 paragraph 2. |
Art. 74 Referendum and commencement
1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the date when this Act comes into force. Commencement Date: 1 January 200432 32 FCD of 19 Nov. 2003. |
Annex |
(Art. 72) |
Repeal and Amendment of Current Legislation |
I The following enactments are repealed:
II The following enactments are amended as follows: …35 33 [AS 1979 1687, 1985660No I 21, 1987600Art. 17 No 3, 1991857Annex No 4, 1992288Annex No 17 2521 Art. 55 No 1, 19962588Art. 25 para. 2 and Annex No 1, 19981822Art. 2, 19992374No I 2, 2003 187Annex No II 2] 34 [AS 1992 1973] 35 The amendments may be consulted under AS 2003 4557. |