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The professional training represents an obligation of the employer in relation with his employees. The legislation does not provide a fine for non-compliance with this obligation. In contrast, when the employee does not receive the professional training that is his right, can notify the competent organs (ITM) and the employer riskes, in this case, fines.
The Labor Code refers to professional training in many articles. The right to access to professional training is guaranteed to the employee under article 39. The leaves associated to professional training, even if unpaid, are not reduce from seniority, as long as it is given at the employee’s request and the request is submitted to the employer at least one month before the leave performance, in terms of articles 155 and 156 of the abovementioned law.
The professional training has, as main objectives, the following as defined by the law:
The employees can be professionally trained in the following ways, according to what is established between the employee and the employer (art. 193 of the Labor Code):
The employer’s obligation to ensure the participation in professional training programs depends on the number of employees and must be:
The professional training leaves are paid or unpaid, in the period that an employee follows the vocational training from his initiative.
Given that the employer wishes to invest in his employee and to pay certain specific courses, to ensure that the employee does not leave the company, he may include, in the labor contract or in an addendum, a professional training clause.
The addendum that includes the clause contains a concrete way of training, the rights and the obligations of the parties, the professional training duration, and any other aspects of training, including contractual obligations of the employee versus employer who paid the training as common agreed, according to art. 196, paragraph 2 of the Labor Code.
Read more about the professional training clause
All the expenses with the employee professional training are tax deductible under the Tax Code updated in 2015, Article 21, paragraph 2, letter h).
If the employer has initiated the participation in courses or trainings, he has the obligation of bearing all associated costs. The employee benefits from all the salary rights during the professional training and from seniority because it is considered period of contribution in the state social insurance system.
At the same time, the failure of the employee of not having the initiative of termination of employment contract determines the obligation to bear all expenses of his professional training, proportional to the non-worked period in the period established as the addendum to the labor contract, according to art. 198, paragraph 3.
This obligation is also for the employees dismissed during the period specified in the professional training clause for disciplinary reasons or whose individual labor contract ceased as a result of preventive custody for a period exceeding 60 days, a conviction by final judgment a delinquency in connection with their work, and if the criminal court has forbidden them to practice the profession, temporarily or permanently.
The employees who have concluded an addendum to the labor contract on professional training can receive other benefits in kind for trainings, outside the proper salary for the job, under Article 200.
If the professional training is organized by the employer, the legislation provides two types of special contracts:
The professional qualification contract is the the one on which an employee undertakes to attend training courses organized by the employer for acquiring professional qualification, for employees who have not acquired a qualification or their qualification does not allow them to keep their job at that employer. The maximum duration of the contract is between 6 months and 2 years, according to Article 202, paragraph 3.
To conclude contracts of professional qualification, the employer must be authorized by the Ministry of Labour, Family and Social Protection and by the Ministry of Education, Research, Youth and Sports.
The professional accommodation contract is concluded in order to adapt to new role for the junior employees, to a new job or to a new team. This type of training contract is signed along with the begining of the individual labor contract or at debut, as appropriate.
The fixed-term contract can not be longer than one year, and at the deadline the employee may be subject to an assessment under Article 205 of the Labor Code.
In special professional training contracts, it requires the presence of a trainer named by the employer from the qualified employees with at least 2 years of professional experience in the domain where the training is done. This trainer can provide training for more than 3 employees.
Another type of professional training is the apprenticeship contract. More details about this type of contract and the latest legislative changes on the apprenticeship can be read here:
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