Professional training represents an important factor in the employment relationship and plays a key role in the development of human resources. In an environment of constant change, the ongoing development of employees’ skills is necessary to meet the ever-evolving demands of the labor market.
The legal framework for professional training is defined by the provisions of the Labor Code and Government Ordinance no. 129/2000 on adult professional training.
Specifically, the professional training of employees can take place through the following forms:
a) participation in courses organized by the employer or by professional training service providers, either domestically or abroad;
b) professional adaptation internships tailored to the job and workplace requirements;
c) practical training and specialization internships in the country or abroad;
d) on-the-job apprenticeship programs;
e) individualized training;
f) other forms of training agreed upon by the employer and employee.
Employers are required to provide professional training at least once every 2 years if they have at least 21 employees, and at least once every 3 years if they have fewer than 21 employees.
All costs associated with participation in these training programs, when initiated by the employer, are fully covered by the employer. Moreover, during training, the employee retains all salary rights and gains seniority, with the period being counted as a contribution period in the public pension system.
The objectives of professional training are diverse and include adapting to job requirements, acquiring a new qualification, updating knowledge, professional retraining, and career advancement.
Employees have the right to request participation in training programs. In such cases, the employer is not obligated to cover the costs but may choose to do so, in full or in part.
Employees may also request a leave for professional training, which can be:
- unpaid: granted for training undertaken at the employee’s initiative. The employer can deny the request only if the employee’s absence would seriously harm the business;
- paid: in exceptional cases where the employer has failed to meet the legal obligation to provide training. In this case, the employee is entitled to paid leave for up to 10 working days or 80 hours.
Employees who have signed an addendum to their individual employment contract regarding professional training may also receive, in addition to their salary, other in-kind benefits to support their training process.
When the employee attends courses during working hours at the trainer’s location, they are not considered absent, and there is no reason for the contract to be suspended. Professional training required by the employer counts as effective working time, even if it does not take place at the employer’s premises or during regular working hours.
Employees who have benefited from a training course or internship cannot unilaterally terminate their employment contract for a period established by the addendum. If the employee does not comply with this obligation, under contractual civil liability, they must reimburse the employer for all expenses incurred and paid for their training, proportionate to the time not worked.
An employer who is a legal entity must develop and implement annual professional training plans if they have more than 20 employees. This training plan becomes an annex to the collective labor agreement at the company level, and employees have the right to be adequately informed about its content.
Professional training involves not only the transmission of knowledge and development of new skills but also the certification of these competencies through recognized diplomas or certificates, which remain the exclusive property of the employee.
In conclusion, professional training should be understood not as an obligation, but as a contractual collaboration with mutual benefits, where the employee strengthens their skills, and the employer capitalizes on the investment in human resources.
Author: Atty. Felicia Cioflan