CHAPTER I - General provisions
Art. 188. - (1) The main objectives of the employees' vocational training shall be as follows:
a) employee adjustment to the requirements of his/her position or work place;
b) employees obtaining vocational skills;
c) updating the knowledge and skills typical of one's position and work place and improving one's vocational training for the basic occupation;
d) vocational re-conversion caused by social-economic restructuring;
e) acquiring advanced knowledge, modern methods and procedures, needed for carrying out one's vocational activities;
f) preventing the risk of unemployment;
g) one's promotion and development of a vocational career.
(2) The vocational training and knowledge assessment shall take place based on occupational standards.
Art. 189. - The employee vocational training shall be achieved through the following forms:
a) participation in courses organised by the employer or by the providers of vocational training services in Romania or abroad;
b) terms of vocational adjustment to the requirements of one's position or workplace;
c) terms of practice and specialisation in Romania or abroad;
d) on-the-job apprenticeship;
e) individualised training;
f) other training forms agreed upon between the employer and the employee.
"Article 190. - (1) The employers shall be under the obligation to ensure the participation of all employees in vocational training programmes, as follows:
a) at least once every 2 years, if they have at least 21 employees;
b) at least once every 3 years, if they have less than 21 employees.
(2) The expenses incurred for employee participation in vocational training programmes, ensured under the terms of paragraph (1), shall be covered by the employers.
Art. 191. - (1) An employer who is a legal entity with more than 20 employees shall prepare and implement, on an annual basis, vocational training plans, after consulting the trade union or, as applicable, the employees' representatives.
(2) A vocational training plan drawn up under the provisions of paragraph (1) shall become an appendix to the collective labour contract concluded at company level."*)
(3) Employees shall have the right to be informed about the contents of the vocational training plan.
Art. 192. - Repealed.*)
"Article 193. - (1) An employee's participation in vocational training may take place on the employer's or the employee's initiative.
(2) The actual manner of vocational training, the parties' rights and obligations, the length of the vocational training, as well as any other aspects related to vocational training, including employee's obligations towards the employer having covered the expenses for such vocational training, shall be set forth based on the parties' agreement and shall make the object of additional deeds to the individual labour contracts."*)
Art. 194. - (1) If the participation in vocational training classes or terms should be initiated by the employer, all the expenses incurred for such participation shall be covered by him/her.
(2) If, under the terms stipulated under paragraph (1), participation in vocational training classes or terms should involve a partial interruption of one's activity, the participating employee shall benefit from pay rights as follows:
a) if the participation requires the employee to discontinue his/her activity for a period not exceeding 25% of the daily duration of the normal work time, he/she shall benefit, for the entire duration of the vocational training, from the full wages corresponding to his/her position and office, with all emoluments, benefits and additions;
b) if the participation requires the employee to discontinue his/her activity for a period exceeding 25% of the daily duration of the normal work time, he/she shall benefit from the basic wages and, as applicable, the length-of-service benefit.
(3) If the participation in vocational training classes or term requires a full interruption of activity, the individual labour contract of that employee shall be suspended, and he/she shall benefit from an emolument paid by the employer, as stipulated in the applicable collective labour contract or in the individual labour contract, as applicable.
(4) Throughout the period of individual labour contract suspension under the terms stipulated under paragraph (3), such employee shall benefit from length of service in that job, the period in question being deemed a period of contribution to the system of state social securities.
Art. 195. - (1) The employees who have benefited from vocational training classes or terms exceeding 60 days under the terms of article 194 (2) b) and (3) may not be allowed to request the termination of the individual labour contract for a period of at least 3 years from the date of graduation of the vocational training classes or terms.
(2) The duration of an employee's obligation to work for the employer who covered the expenses incurred for his/her vocational training, as well as any other aspects related to the employee's obligations, subsequent to the vocational training, shall be set forth in an additional deed to the individual labour contract.
(3) The failure by the employee to comply with the provision stipulated under paragraph (1) shall cause him/her to cover all the expenses incurred for his/her vocational training, in proportion to the period not worked from the period set forth under the additional deed to the individual labour contract.
(4) The obligation stipulated under paragraph (3) shall also apply to employees who were dismissed during the period set forth in the additional deed, for disciplinary reasons, or whose individual labour contract was terminated due to them being placed in police custody for a period exceeding 60 days, being sentenced under a court decree which was final, for a crime related to their job, as well as if a criminal court has placed on him/her a temporary or permanent interdiction to exercise his/her profession.
Art. 196. - (1) If an employee should have the initiative of participating in an off-the-job vocational training programme, the employer shall review the employee's request in consultation with the trade union or, as applicable, the employees' representatives.
(2) The employer shall make a decision on the request filed by the employee under paragraph (1) within 15 days from the receipt of the request. At the same time, the employer shall decide on the terms under which he/she will allow the employee to participate in the vocational training programme, including whether he/she will cover the cost of this entirely or partially.
Art. 197. - The employees who have concluded an additional deed to the individual labour contract in connection with vocational training may receive, apart from the wages corresponding to their job, other advantages in kind for vocational training.
CHAPTER II - Special contracts for vocational training organised by the employer
Art. 198. - The special contracts for vocational training shall be comprised of the vocational qualification contract and the vocational adjustment contract.
Art. 199. - (1) A vocational qualification contract shall be a contract based on which an employee undertakes to attend the training classes organised by his/her employer with a view to him/her acquiring vocational skills.
(2) Vocational qualification contracts may be concluded by employees over the age of 16 years, who have not acquired a qualification or have acquired a qualification which does not allow them to keep their job with that employer.
(3) A vocational qualification contract shall be concluded for a period of 6 months to 2 years.
Art. 200. - (1) Vocational qualification contracts may only be concluded by employers authorised by the Ministry of Labour and Social Solidarity and the Ministry of Education and Research to that effect.
(2) The authorising procedure, as well as the certification of the vocational qualification, shall be stipulated in a special law.
Art. 201. - (1) A vocational adjustment contract shall be concluded in view of debutante employees' adjustment to a new position, a new work place, or a new team.
(2) A vocational adjustment contract shall be concluded at the same time as the individual labour contract or, as applicable, when the employee commences work in the new position, the new work place, or the new team, under the law.
Art. 202. - (1) A vocational adjustment contract shall be a contract concluded for a limited duration, which may not exceed one year.
(2) Upon expiry of the vocational adjustment contract delay, the employee may be subject to an evaluation with a view to assessing how well he/she can cope with the new position, new work place, or new team where he/she is to work.
Art. 203. - (1) A trainer shall carry out the vocational training at employer's level by means of special contracts.
(2) The trainer shall be appointed by the employer from amongst the skilled employees, with a vocational experience of at least 2 years in the field in which the vocational training is to take place.
(3) A trainer may provide training to no more than 3 employees at the same time.
(4) The exercise of the vocational training activity shall be included in the trainer's normal work schedule.
Art. 204. - (1) The trainer shall be under the obligation to receive, help, inform, and guide an employee throughout the duration of the special vocational training contract, and to supervise the compliance with the job duties corresponding to the position of the employee under training.
(2) The trainer shall facilitate the co-operation with other training bodies, and participate in the evaluation of the employee having benefited from vocational training.
CHAPTER III - On-the-job apprenticeship contract
"Article 205. - (1) On-the-job apprenticeship shall be organised based on an apprenticeship contract.
(2) An on-the-job apprenticeship contract shall be a particular type of individual labour contract, based on which:
a) an employer, as a legal or natural entity, shall undertake to provide an apprentice with vocational training in a certain trade, apart from the payment of wages;
b) an apprentice undertakes to attend the vocational training classes and to work under that employer.
(3) The on-the-job apprenticeship contract shall be concluded for a limited duration."*)
Art. 206. - Repealed.*)
"Article 207. - (1) A person employed based on an apprenticeship contract shall be deemed an apprentice.
(2) An apprentice shall benefit from the provisions applicable to the other employees as long as they do not come against the ones typical of his/her status."*)
Art. 208. - Repealed.*)
Art. 209. - Repealed.*)
Art. 210. - Repealed.*)
Art. 211. - Repealed.*)
Art. 212. - Repealed.*)
"Article 213. - The organisation, progression and control of the apprenticeship activity shall be regulated by a special law."*
