VOCATIONAL EDUCATION AND TRAINING IN ROMANIA PRESENTATION BY VALENTIN MOCANU

GENERAL OVERVIEW (1) - LAW 53/2003 : LABOR CODE - CONPREHENSIVE REGULATION FOR VOCATIONAL EDUCATION AND TRANING - MECHANISM AND PROCEDURES - OBLIGATIONS AND BENEFITS FOR EMPLOYERS AND EMPOYEES

GENERAL OVERVIEW (2) FRAMEWORK FOR INDIVIDUAL LABOUR CONTRACT - MANDATORY CLAUSES - OPTIONAL CLAUSES (not limitative) INCLUDING V.E.T. CLAUSE

LEGAL FRAMEWORK PREVIEWS CONSIDERING V.E.T. (1) - PATICIPATON IN TRAINING SESSIONS ORGANIZED BY THE EMPLOYER OR V.E.T. PROVIDERS - WORKOUT PERIODS TO ADAPT TO NEW TECHNOLOGIES - APPRENTICESHIP AT THE WORKPLACE - INDIVIDUAL TRAINING - OTHER FORMS

LEGAL FRAMEWORG PRE- VIEWS CONSIDERING V.E.T. (2) LABOUR CODE Art. 190 and followings: “The employer shall periodically offer to the employee access to vocational training” The employer shall establish V.E.T. plan (consultation with T.U. or employees’ representative) The employer, but also the employee, can have the initiative

LEGAL FRAMEWORG PRE- VIEWS CONSIDERING V.E.T. (2) OBLIGATIONS FOR THE EMPLOYEES (if V.E.T. expenditures are supported by the employer) : - for training periods over 60 days/year: the employee cannot leave, on her/his initiative, earlier than 3 years. If so, he/she must proportionally return the expenditures

INDIVIDUAL CONTRACT(1) INDIVIDUAL CONTRACT (OR ADDENDUM) SHALL INCLUDE THE PRACTICAL CONDITIONS REGADING RETURN OF THE EXPENDITURES INDIVIDUAL CONTRACT (OR ADDENDUM) MAY ALSO INCLUDE : - CONCRETE PROCEDURES FOR V.E.T. - TIMING - OTHER OBLIGATIONS FOR EMPLOYEE (in respect of Art 38 of Labor Code)

V.E.T. FOR PUBLIC OFFICERS LAW 188/1999: STATUS OF THE PUBLIC OFFICER - V.E.T. IS ORGANISED BY NATIONAL AGENCY FOR PUBLIC OFFICERS - EXPENDITURES ARE SUPPORTED BY THE ADMINISTRATION - WRITTEN OBLIGATION FOR THE PUBLIC OFFICER, BENEFICIARY OF V.E.T. PROGRAM, TO CONTINUE TO WORK IN THE ADMINISTRATION FOR 2-5 YEARS ( IF V.E.T. PERIOD IS LONGER THAN 90 DAYS/YEAR) - THE PUBLIC OFFICER SHALL REIMBURSE THE EXPENDITURES IF SHE/HE IS NOT ABLE TO GRADUATE

V.E.T. FOR PUBLIC OFFICERS. FINANCEMENT (1) 1.FROM THE BUDGET OF THE ADMINISTRATION - COMPULSORY AND INTEGRAL (IF THE INITIATIVE IS COMING FROM THE ADMINISTRATION) - NOT COMPULSORY, IN THE LIMITS OF THE BUDGET; THE PUBLIC OFFICER CAN CONTRIBUTE UP TO 50% (IF THE INITIATIVE IS COMING FROM THE PUBLIC OFFICER)

V.E.T. FOR PUBLIC OFFICERS. FINANCEMENT (2) % CONTRIBUTON OF THE PUBLIC OFFICER -INITIATIVE OF THE PUBLIC OFFICER, AND - V.E.T. IN OTHER PROFFESIONAL QUALIFICATION THAN NECESSARY FOR THE POSITION IN THE ADMINISTRATION

SECTORIAL COLLECTIVE AGREEMENTS DIFFERENT EXAMPLES AND PRACTICE - GENERAL PREVIEWS NECESSARY TO BE DEVELOPED AT THE LEVEL OF COMPANY COLLECTIVE AGREEMENT AND/OR INDIVIDUAL LABOUR CONTRACT - V.E.T RIGHTS FOR THE EMPLOYEES - REPARATORY CLAUSES FOR THE EMPLOYERS