Payback clause
- Name of the instrument - Local language
- Recuperarea cheltuielilor de formare
- Name of the instrument - English translation
- Payback clause
- Scheme ID
- 189
- Country
- Romania
- Reporting year
- 2015
- Type of instrument
- Payback clause
- Type of entry
- Single instrument
- Short description
Employers and employees can agree on a payback clause. The Labour Code gives a broad framework (e.g. stating a minimum length of 60 days for education and training activities to be regulated under a clause). Sectoral collective agreements partly add further specifications to this framework.
- Short description of the related instruments
nap
- Level of operation
- National
- Name of a part of the country
- nap
- Name of the region (for regional instruments)
- nap
- Name of the sector (for sectoral instruments)
- nap
- Relevance
- Marginal scheme
- Legal basis
Government Ordinance 129/2000, art. 38; Law 53/2003 Labour Code, art. 198
- Objective(s) and target(s)
To encourage employers to invest in training by ensuring the reimbursement of the costs in case of losing the employee, especially when it is in favour of the competition.
Rationale of introducing the scheme: the need to improve human capital in conditions of lack of mechanisms to finance vocational training from public sources and low capacity of employees to support costs of training.
- Year of implementation
- 2000
- Year of latest amendment
- 2011
- Operation/management
Payback clause applies to employees receiving benefits from the employer when participating in a training/educational programme, according to individual negotiations finalised in signing an addendum to the individual employment contract. The obligations in the addendum are also applied in case the employee is dismissed within the agreed period, due to disciplinary reasons, or due to preventive custody for more than 60 days, after the final judicial conviction for a criminal offence related to their work, or when the exercise of the profession is temporarily or permanently prohibited by decision of the a criminal court. Collective agreements at company or sectoral level may put limits to the negotiation. Trade unions or employees' representatives are to be consulted in the process.
- Eligible group(s)
All employees, employers
- Group(s) with preferential treatment
None
- Education and training eligible
Any formal and non-formal education and training
- Source of financing and collection mechanism
Employer, employee
- Financing formula and allocation mechanisms
When employees do not comply with the contractual retention period stipulated in an individual addendum to the individual employment contract, benefits received during participation in the training/educational programme subject to the addendum are to be reimbursed, together with all related costs encountered by the employer, according to a formula stipulated in the addendum and respecting limits introduced by collective agreements at company or sector level. The maximum amount for training costs under this regulation is EUR 1 000.
- Volumes of funding
na
- Beneficiaries/take up
na
- Organisation responsible for monitoring/evaluation
Ministry of Labour is in charge with the monitoring and control related to general employment legislation implementation and related social dialogue mechanisms. Labour Inspection is in charge with current monitoring and control of employment contracts implementation.
- Monitoring/evaluation reports available
na
- Most relevant webpage - in English
na
- Most relevant webpage - local language
na
- Recent changes
The duration of the training program, established in 2000 at 3 months was redefined in 2003, in the Labour Code to 60 days of paid training, the contractual retention being defined at 3 years. The revision of the Labour Code in 2011 leaves it completely open to negotiations (unless limits are established in the collective agreements) and introduces the consultation of the trade unions or employees' representative.
- Sources
National Qualificaton Authority: Ordonanta Guvernului nr. 129/2000 privind formarea profesionala a adultilor, republicată in 2002 (Government Ordinance no. 129/2000 on adult vocational training, republished in 2002) - http://www.cnfpa.ro/Files/Legislatie/OG129%20republicata.pdf
Inspectia muncii:Legea nr. 53/2003 - Codul Muncii (Law no. 53/2003 Labour Code) http://www.inspectiamuncii.ro/ghid/legislatie/2003.l.53.pdf
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…
Labour Inspection: Raport de activitate 2013 (Activity report 2013) - http://www.inspectmun.ro/site/RAPORT%20ANUAL/Raport_2013/RaportIM_2013…
- Short description
- Short description of the related instruments
- Level of operation
- Name of a part of the country
- Name of the region (for regional instruments)
- Name of the sector (for sectoral instruments)
- Relevance
- Legal basis
- Objective(s) and target(s)
- Year of implementation
- Year of latest amendment
- Operation/management
- Eligible group(s)
- Group(s) with preferential treatment
- Education and training eligible
- Source of financing and collection mechanism
- Financing formula and allocation mechanisms
- Volumes of funding
- Beneficiaries/take up
- Organisation responsible for monitoring/evaluation
- Monitoring/evaluation reports available
- Most relevant webpage - in English
- Most relevant webpage - local language
- Recent changes
- Sources