Apprenticeship is vocational training carried out in the workplace on the basis of an apprenticeship contract, for persons over 16 years of age and is regulated by Law no. 279/2005 on apprenticeship in the workplace, republished, with subsequent amendments and additions and by Government Decision no. 855/2013 for the approval of the methodological rules of application.
The vocational training programme through on-the-job apprenticeship is an integral part of the apprenticeship contract.
According to the current regulations, the objectives of vocational training through on-the-job apprenticeship are:
a) to offer interested persons over the age of 16 the opportunity to obtain a qualification in the adult vocational training system, which will enable them to find a job and continue their education;
b) to enable employers to secure a qualified, quality workforce in accordance with their requirements;
c) to facilitate the social integration of interested persons over 16 years of age, in accordance with their professional aspirations and the needs of the labour market;
d) to ensure an adequate level of security for the persons concerned, aged over 16, in order to solve the problem of segmented labour markets;
e) contribute to economic growth, job creation, social cohesion and personal fulfilment;
f) to promote social dialogue and contribute to the development of partnerships at local level:
Apprenticeship contract:
Like any other employment relationship, the apprenticeship programme is based on a contract governed by Law no. 53/2003 – Labour Code and Law no. 279/2005 on apprenticeship at work.
According to Law no. 279/2005, the apprenticeship contract is an individual employment contract of a particular type, concluded for a fixed period, under which a natural person, called an apprentice, undertakes to train professionally and to work for and under the authority of a legal or natural person, called an employer, who undertakes to ensure payment of wages and all the conditions necessary for professional training.
The conclusion, execution, modification, suspension and termination of the apprenticeship contract are made in accordance with the regulations of the Law no. 53/2003 – Labour Code.
The apprenticeship contract is signed by the employer in written form, in Romanian, and is registered within 20 days at the county labour inspectorate.
Prior to the start of the activity, the apprenticeship contract is also registered in the general register of employees, which is sent to the territorial labour inspectorate.
We mention that, in addition to the mandatory elements of the individual employment contract, the apprenticeship contract includes the following clauses relating to:
a) the name of the qualification to be acquired by the apprentice;
b) the name of the training provider conducting the on-the-job vocational training programme;
c) the name of the apprenticeship coordinator and his/her qualification;
d) the place(s) where the vocational training activity takes place;
e) the duration of the theoretical and practical training through on-the-job apprenticeship;
f) additional obligations of the employer;
g) obligations of the apprentice;
h) other clauses, according to the law.
Additional obligations of the employer are:
a) to provide the apprentice with all the rights conferred by a fixed-term employment contract in proportion to the time worked;
b) provide the apprentice with the practical training necessary for the qualification in which the apprentice is being trained;
c) ensure the apprentice access to theoretical and practical training corresponding to the vocational training programme, completed with a vocational qualification certificate for adults, in accordance with Government Ordinance No 129/2000 on vocational training for adults, republished, with subsequent amendments and additions;
d) to ensure the financing of the apprentice’s vocational training programme, if this programme is not financed from other sources.
Special provisions:
The apprenticeship contract can be concluded by a person who fulfils the following conditions:
- makes steps to find a job, by his own means or by registering with the employment agency in whose territorial area he has his domicile or, where appropriate, residence or with another employment service provider, accredited under the law;
- has reached the age of 16;
- is not qualified for the occupation in which the apprenticeship is organised at the workplace;
- meets the conditions for access to vocational training through apprenticeship at the workplace, by qualification levels, according to the Order of the Minister of National Education and the Minister of Labour and Social Justice no. 5.039/2.126/2018 on the approval of the correspondence between the levels of the National Qualifications Framework, the educational/qualification documents to be issued, the type of vocational education and training programmes in Romania through which the qualification levels can be acquired, the reference levels of the European Qualifications Framework, as well as the access conditions corresponding to each qualification level.
The following categories can also work as apprentices:
a) foreign citizens, as well as stateless persons who have obtained a work permit in Romania, according to the legal regulations in force;
b) citizens of the European Union Member States, of the signatory states of the Agreement on the European Economic Area and their family members.
Apprentices up to the age of 26 are entitled to maintenance, the provisions of the Civil Code applying to them, the apprenticeship period being assimilated to that of continuing studies.
We mention that according to article 8 of Law 279/2005, can conclude apprenticeship contracts at the workplace and:
- authorized natural person, if he/she proves that he/she has been performing the activity for which he/she was authorized for at least one year;
- the family enterprise, through its representative, if it proves that it has been carrying out the activity for which it was established as a family enterprise for at least one year.
The duration of the apprenticeship contract shall be determined according to the level of qualification for which the apprentice is to be trained, but may not be less than:
a) 6 months if the on-the-job apprenticeship is organised for the acquisition of skills corresponding to a level 1 qualification;
b) 12 months, if the on-the-job apprenticeship is organised for the acquisition of skills corresponding to a level 2 qualification;
c) 24 months, if the on-the-job apprenticeship is organised for the acquisition of skills corresponding to a level 3 qualification;
d) 36 months, if the on-the-job apprenticeship is organised for the acquisition of skills corresponding to a level 4 qualification.
The apprentice may be subject to a probationary period not exceeding 30 working days.
Vocational training through on-the-job apprenticeship comprises theoretical and practical training, in accordance with the legal provisions in force and, where applicable, the special laws governing that occupation.
Duration:
The time required for the theoretical training of the apprentice is included in the normal work schedule.
The basic monthly wage, set by the apprenticeship contract, is at least equal to the minimum gross basic wage in force in the country for an 8-hour day, i.e. 40 hours per week on average.
The working hours are 8 hours per day and 40 hours per week, and for young people under 18 years of age, the working hours are 6 hours per day and 30 hours per week.
For the vocational training of the apprentice, the employer is obliged to provide the apprentice with access to theoretical and practical training, as well as all the necessary conditions for the vocational training provider and the coordinator to fulfil their tasks.
The workplace must allow the apprentices to acquire all the skills required by the occupational standard and it is forbidden for the apprentices to perform other activities than those involving theoretical training and practical training to obtain the qualification.
The apprenticeship period is considered seniority and at the end of the apprenticeship the apprentice receives a qualification certificate with national recognition, in accordance with the legislative provisions on adult vocational training.
Legal basis:
– Law no. 279/2005 on apprenticeship at the workplace – republished*), as amended and supplemented;
– Government Decision (HG) 855/2013 for the approval of the Methodological Norms for the application of the provisions of Law no. 279/2005 on apprenticeship at work.