Romanian Labour Code - Title VI - Chapter - 1

Romanian Labour Code

General provisions
(Title I - art. 1-9)
The individual employment contract
(Title II - art. 10-107)
Working time and
rest period
(Title III - art. 108-153)
Remuneration
(Title IV - art. 154-170)
Health and safety
at work
(Title V - art. 171-187)
Vocational training
(Title VI - art. 188-213)
Social dialogue
(Title VII - art. 214-235)
Collective labour agreements
(Title VIII - art. 236-247)
Labour disputes
(Title IX - art. 248-253)
Labour Inspectorate
(Title X - art. 254-256)
Legal liability
(Title XI - art. 257-280¹)
Labour jurisdiction
(Title XII - art. 281-291)
Final and transitional provisions
(Title XIII - art. 292-298)

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TITLE VI - Vocational training

CHAPTER 1 - General provisions

Art. 192. [vocational training objectives]
(1) The vocational training of the employees shall have the following main objectives:
a) accommodating the employee to the requirements of the job or workplace;
b) obtaining a professional qualification;
c) updating the knowledge and skills specific to the job and workplace and improvement of the vocational training for the basic occupation;
d) vocational retraining determined by social and economic restructuring;
e) acquiring advanced knowledge, modern methods and procedures, necessary for the professional activities;
f) prevention of unemployment risk;
g) promotion and career development.
(2) The vocational training and knowledge assessment shall be based on occupational standards.

Art. 193. [types of vocational training]
The vocational training of the employees may take place in the following forms:
a) attendance to courses organized by the employer or vocational training service providers in Romania or abroad;
b) internships for vocational adjustment to the requirements of the job and workplace;
c) internships for practical training and specialization in Romania and abroad;
d) on-the-job apprenticeship;
e) individualized training;
f) other forms of training agreed upon between the employer and the employee.

Art. 194. [mandatory vocational training programs ]
(1) An employer shall ensure the participation of every employee to vocational training, as follows:
a) at least once every two years, when it has at least 21 employees;
b) at least once every three years, when it has less than 21 employees.
(2) The expenses related to the vocational training, provided under the terms in paragraph (1), shall be borne by the employers.

Art. 195. [vocational training plan]
(1) An employer that is a legal person with more than 20 employees shall develop and apply annual vocational training plans, after consulting the trade union or, as the case may be, the representatives of the employees.
(2) The vocational training plan prepared according to the provisions in paragraph (1) shall be annexed to the collective labour agreement concluded at organization level.
(3) The employees shall have the right to be notified of the content of the vocational training plan.

Art. 196. [regulation of vocational training]
(1) The participation to the vocational training may take place on either employer’s or employee’s initiative.
(2) The actual vocational training method, the rights and obligations of the parties, the length of the vocational training, and any other issues related to the vocational training, including the contractual obligations of the employee in relation to the employer bearing the vocational training expenses shall be agreed upon by the parties and shall be the included in addenda to the individual employment contracts.

Art. 197. [vocational training expenses and employee rights]
(1) When the participation to the vocational training courses or internships has been initiated by the employer, all expenses generated by such participation shall be borne by it.
(2) When, under the conditions provided for in paragraph (1), the participation to the vocational training courses or internships requires the partial removal from the field, the participating employee shall enjoy pecuniary rights, as follows:
a) should the participation involve the removal from the field of the employee for a period not exceeding 25% of the daily length of the normal working time, he/she shall enjoy, during the entire vocational training, the full wage corresponding to the job and position held, with all related benefits, extra pay and supplements;
b) should the participation involve the removal from the field of the employee for more than 25% of the daily length of the normal working time, he/she shall enjoy the basic pay and, as the case may be, the seniority pay.
(3) Should the participation to the vocational training courses or internships involve the complete removal from the field, the individual employment contract of that employee shall be suspended, and he/she shall receive a benefit paid by the employer, as provided for in the applicable collective labour agreement or in the individual employment contract, as appropriate.
(4) During the suspension of the individual employment contract under the conditions provided for in paragraph (3), the employee shall enjoy length of service at that workplace, and that period shall be considered period of contribution to the public social security system.

Art. 198. [obligations of vocational training beneficiaries]
(1) The employees having enjoyed a vocational training course or an internship exceeding 60 days under the conditions of Article 194 (2) (b) and (3) may not initiate the cessation of the individual employment contract for at least three years from the graduation of the vocational training course or internship.
(2) The duration of the obligation of the employee to perform activities for the employer having borne the expenses generated by the vocational training, as well as any other issues related to the obligations of the employee, following the vocational training, shall be laid down in an addendum to the individual employment contract.
(3) An employee not complying with the provisions of paragraph (1) shall bear all expenses related to his/her vocational training, in proportion to the time not worked during the period laid down according to the addendum to the individual employment contract.
(4) The obligation provided for in paragraph (3) shall also apply to employees dismissed within the period laid down in the addendum, on disciplinary reasons, or whose individual employment contract ceased as they were taken into preventive custody for more than 60 days, after the final judicial conviction for a criminal offence related to their work, or when a criminal court temporarily or permanently prohibited the exercise of the profession.

Art. 199. [vocational training on employee's initiative]
(1) If the employee initiates the participation to a vocational training form involving the removal from the field, the employer shall analyze the request of the employee, together with the trade union or, as the case may be, the representatives of the employees.
(2) The employer shall decide as regards the request of the employee under paragraph (1) within 15 days from its submission. Meanwhile, the employer shall decide on the employee participation to the vocational training form, choosing whether to fully or partially bear the costs.

Art. 200. [benefits in kind for vocational training]
The employees having concluded an addendum to the individual employment contract regarding the vocational training may receive, besides the wage corresponding to the workplace, other benefits in kind for vocational training.

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