Training leave

Law 53/2003 - Labour Code, with further updates, art. 51, 154 - 158 (provisions on financing of training leave) Government order 129/2000

Collective agreements for certain professions: agreements between parties or internal decisions of certain professional bodies (e.g. The Bar)

Labour Code states the right of the employee to access vocational/professional training. Training leave is an instrument meant to assure the minimal resources of time to that respect.

Employers are obliged to assure vocational/professional training of employees once every 2 years in companies with over 20 employees and once every 3 years in companies with 20 employees or less. If training is not provded by employer, employee has the right to a paid training leave of 10 working days/80 work hours for vocational training.

Employees enrolled in accredited training/educational programmes have the right to 30 days of non-paid training leave in a year. Employer cannot refuse non-paid leave if properly announced 30 days before, unless serious damage to production processes may be caused by the absence of the employee. Actual duration can be longer, if employer agrees, depending on the duration of the course. Both paid and non-paid training leave are assimilated to normal work periods.

All employees

None

No limitation. Accredited programmes cannot be refused by the employer if the employee takes the initiative.

Employer, if training is initiated by employer
Employee

No specific financing mechanisms are established. Financing arrangements depend on who initiates the training, the duration and specificity of the training/educational programme and the negotiation between employer and employees, observing also the collective agreements.

If training is initiated by employer, all costs are born by him. Where the employer fails to fulfil its obligation to provide training to its employees, training leave is treated the same way as if the employer had initiated the training. No compensation to employer is awarded, but the costs are deductible in the calculation of the profit for taxation.

Where training is at the employee's initiative, the Labour Code leaves to the employer the decision on terms of participation, including duration (no minimum/maximum specified by law) and coverage of (direct) training costs.

Training leave can be also unpaid, but recorded as active work in the work record.

Specific arrangement

na

na

Ministry of Labour monitors the implementation of the Labour Code. Labour Inspection (agency under the Ministry of Labour) ensures current monitoring and control of the employment contracts and their implementation.
No specific tasks are mentioned in relation to training leave.

na

na

2013 - major modification of the Labour Code - the obligation for the employer to assure a 10 days paid training leave every 2 years is modified in a lighter formulation.

Last modification of the Labour Code, in January 2015, enhances its status, specifing that non-paid training leave does not affect the work record of the employee for the calculation of their rights to the annual leave.

Ministry of Labour: Legea nr. 53/2003 - Codul Muncii, republicat in 2011 (Law no. 53/2003 Labour Code, republished in 2011) - http://www.mmuncii.ro/pub/imagemanager/images/file/Legislatie/LEGI/LEGE…

Official Monitor: Legea nr. 12/2015 privind modificarea Legii 53/2003 Codul Muncii (Law no 12.2015 on modification of Law 53/2003 Labour Code) - http://www.dreptonline.ro/legislatie/legea_12_2015_modificare_lege_53_2…

Labour Inspection: Raport de activitate 2013 (Activity report 2013) - http://www.inspectmun.ro/site/RAPORT%20ANUAL/Raport_2013/RaportIM_2013…