The internship contract (2)

The contract concluded between the host organization and the intern must be handed to the intern before the start of the activity and submitted to the Register of Internship Contracts, established by the Municipal Employment Agency. This register behaves similarly to the Revisal for employees with individual employment contracts (it is operated on the basis of user and password, registration deadlines are respected for new contracts and for modifications of existing ones, etc.).

The internship contract must be signed in written form, in Romanian, at the latest on the day before the internship programme starts. The obligation to conclude the internship contract in written form lies with the host organisation.

The maximum duration of the internship contract is 6 months, without the possibility of extension. The internship contract is suspended if the intern is on leave due to temporary incapacity for work.

At the end of the internship contract, the parties may agree to continue the activity by concluding, in accordance with the law, an individual employment contract.

 

Facilities:

Host organizations that, within 60 days of the completion of the internship program, conclude an individual employment contract with the person who has completed the internship program shall receive, upon request, from the unemployment insurance budget, an employment promotion bonus in the amount of 4,586 lei for each person thus employed, after fulfilling the obligation to maintain employment relations for an uninterrupted period of at least 24 months. The application must be registered with the Municipal Employment Agency within a maximum of 6 months after the individual employment contract has been drawn up.

 

Attention: The employment promotion premium is granted within the limit of the funds allocated for this purpose (there is the possibility of fulfilling all the conditions for granting the employment promotion premium, but due to lack of funds, it is not paid to the host organisations).

 

Internship contract framework model:

 

INTERNSHIP CONTRACT concluded and registered under no. …../…….. in the general register of internship contracts

 

(A) Parties to the contract

The host organisation – legal person …………………….., with registered office in …………………, registered with the trade register ………………………. under no. ………………., fiscal code …………………….., telephone …………………….., legally represented by …………………………, as ……………………..

and

 

the intern – Mr/Mrs …………………………, domiciled at ………………………., …………………. nr. …, county/sector ……………………….., holder of the identity card/passport series ………………… no. ……………, issued by ……………. on the date of …………….., CNP …………………..

 

have entered into this internship contract under the following agreed conditions.

 

(B) Subject of the contract ………………………

 

(C)The duration of the contract is ……………. months, for the period from ……….. to ……………..

 

(D) Place of work

Work is carried out at …………………………….

 

(E)Duties of the intern*

______

*The intern’s duties are set out in the internship form attached to the internship contract.

 

(F) Duration of work

1.The working hours are …………. hours/day, ……………. hours/week.

2.The distribution of working hours is as follows: …………….. (hours/day), …………. (hours/week) respectively.

3.The working hours can be modified under the terms of Law no. 176/2018 on internship.

4.Overtime is prohibited.

 

(G) Internship allowance

1.The monthly internship allowance is ……………….. lei.

2.The date(s) on which the internship allowance is paid is/are …………… .

 

(H)Specific rights related to health and safety at work:

  1. a) protective equipment ……………………;
  2. b) work equipment …………………………..;
  3. c) antidotes ………………………………………;
  4. d) protective nutrition ………………………;
  5. e) other rights and obligations relating to health and safety at work …………………… .

 

(I) General rights and obligations of the parties

1.The intern has the following main rights:

  1. a) to receive the internship allowance from the host organisation in the amount stipulated in this internship contract;
  2. b) to benefit from the assistance and coordination of the mentor appointed by the host organisation;
  3. c) to be assigned activities whose level of complexity may gradually evolve during the internship programme;
  4. d) to be provided with the material resources necessary for his professional training and the improvement of his practical knowledge;(e) to have access to information enabling him/her to consolidate his/her knowledge and develop his/her skills;
  5. f) to be provided with the necessary training time to acquire/consolidate practical skills and/or competences;
  6. g) to participate in training courses run by the host organisation, as appropriate;
  7. h) benefit from objective evaluation;
  8. i) to receive the evaluation report and the internship certificate;
  9. j) to contest the evaluation report if dissatisfied with the outcome of the evaluation.

 

2.The intern is mainly responsible for the following obligations:

  1. a) to comply with the tasks given by his/her supervisor within the framework of the activities undertaken, in accordance with the provisions of the internship contract and the internship form;
  2. b) to consult the supervisor in the performance of the tasks assigned during the internship programme;
  3. c) to respect the rules of confidentiality in carrying out his/her activity;
  4. d) to respect the provisions of the internal regulations;
  5. e) to comply with the rules on health and safety at work and the rules for emergency situations;
  6. f) other obligations arising from the internship contract and the internship agreement concluded between the parties.

 

3.The host organisation has, in particular, the following rights:

  1. a) to monitor and evaluate the activity and knowledge assimilated by the intern during and at the end of the internship programme, through the mentors, in accordance with the Law no. 176/2018 on internship;
  2. b) to establish to the intern, by means of the internship form, duties in the field in which the internship programme is carried out;
  3. c) to use the theoretical and practical knowledge of the intern during the internship programme;
  4. d) to exercise control over the way in which the activities assigned to the intern are carried out.

 

4.The host organisation has the following main obligations:

  1. a) to provide the intern with a copy of the internship contract prior to the start of the internship;
  2. b) to pay the intern the internship indemnity, in accordance with the internship contract;
  3. c) to appoint a mentor to guide the intern with a view to professional training, deepening theoretical knowledge and improving practical skills in the field of the internship programme;
  4. d) to provide adequate logistical, technical and technological equipment necessary to enhance the intern’s theoretical knowledge and develop practical skills;
  5. e) to supervise the intern’s work during the internship programme;
  6. f) to issue the intern, at the end of the internship program, the internship certificate, under the conditions provided for in Article 12 of the Law no. 176/2018 on internship;
  7. g) not to use the intern for activities other than those provided for in the internship contract and the internship form;
  8. h) to comply with the intern’s activity programme under the conditions provided for in Article 8 para. (3) and (4) of Law no. 176/2018 on internship;
  9. i) to inform about the risk assessment in the unit and the consequences of the existing risks;
  10. j) not to use the intern to carry out activities related to major group 9 occupations – unskilled workers, according to the Classification of Occupations in Romania (COR), and/or in activities under difficult or harmful conditions for the intern;
  11. k) to keep a record of the hours of activity performed by each intern and to make this record available to the control bodies whenever requested;
  12. l) to ensure during the internship program the conditions of safety and health at work provided for in the Law on safety and health at work no. 319/2006, as amended;
  13. m) to make available to the control bodies the internship contract, the internship form, as well as the documents of evidence of the activity performed by the intern, including proof of the internship allowance.

 

(J) Termination of contract

The internship contract terminates under the following conditions:

(a) on expiry of the term laid down in the contract;

  1. b) by mutual agreement;

(c) when the host organisation terminates its activity;

  1. d) by termination, by operation of law, in the event of non-performance or improper performance of the obligations laid down in the internship contract by one of the parties, insofar as, upon notification by the injured party, the party at fault does not take the necessary steps to properly perform the obligations incumbent on it under the contractual obligations, within 5 days of receipt of the notification;
  2. e) by concluding an individual employment contract between the parties, in accordance with the provisions of Law no. 53/2003 – Labour Code, republished, with subsequent amendments and additions;
  3. f) by unilateral termination by either party, in justified situations, on the basis of a prior notification sent at least 15 days before the proposed termination date;
  4. g) in the situation provided for in Article 21 para. (3) of Law no. 176/2018 on internship.

 

(K) Final provisions

  1. The provisions of this internship contract shall be supplemented by the provisions of Law No. 176/2018 on internship.
  2. Any changes to the contractual terms during the execution of the internship contract require the conclusion of an addendum to the contract, as provided by law.

 

(L) Dispute resolution

Disputes in connection with the conclusion, execution, modification, suspension or termination of this internship contract shall be settled by the court of material and territorial jurisdiction according to the law.

This internship contract has been concluded in two copies, one for each party.

 

 

The host organisation,                                                                              Intern,

…………………………                                                                                   ………………………..

I received a copy

………………………………