Article

61 (d), 63 (2), 193

Description

In the Labour Code vocational training is framed as an employer's duty and an employee's right, rather than as an obligation of the employee. As a consequence, refusal of participation in professional training cannot be sanctioned and cannot directly lead to dismissal. However, the refusal to participate in professional training may be reflected in the employee's periodic assessment results, which may indirectly lead to dismissal on grounds of professional inadequacy (Article 61 (d) of the Labour Code). Such a dismissal can only be carried out after a preliminary assessment of the worker's competence.

According to Article 193 of the Labour Code, the modalities of training are the following:

• attendance of courses organised by the employer or vocational training service providers in Romania or abroad;
• internships for vocational adjustment to the requirements of the job or of the workplace;
• internships for practical training and specialisation in Romania and abroad;
• apprenticeship;
• individualised training;
• other forms of training agreed upon between the employer and the employee.

Commentary

This obligation corresponds to the worker's right to vocational training, a right provided by Article 39, paragraph 1 (g) of the Labour Code.

The employee having participated in a vocational training course or an internship financed by the employer may not resign for a certain period of time, negotiated by the parties, otherwise he/she will have to pay back all expenses generated by the training.

Additional metadata

Cost covered by

Employer

Involved actors other than national government

National government

Involvement (others)

None

Thresholds

Affected employees: No, applicable in all circumstances
Company size: No, applicable in all circumstances
Additional information: No, applicable in all circumstances

Sources

• Labour Code, Law no. 53/2003 [Codul muncii, Legea nr. 53/2003]
• DG Employment, Social Affairs and Equal Opportunities/Héra (2011), Selected companies’ legal obligations regarding restructuring
• Labour Code, Law no. 53/2003
• Codul muncii, Legea nr. 53/2003