Codul muncii, Legea nr. 53/2003, republicată în Monitorul Oficial nr. 345 din 18 mai 2011
Labour Code, Law no. 53/2003, republished in the Official Gazette of Romania no. 345 of 18 May 2011
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;
- individualised training;
- other forms of training agreed upon between the employer and the employee.
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.
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