Reference year 2023
Version 2023 - Drafted by Catalin Ghinararu, Scientific secretary, National Labour Research Institute of Romania (INCSMPS) - Member of Cedefop Community of apprenticeship experts for Romania
1Scheme history
The ‘apprenticeship at the workplace scheme’ has a tradition of over 85 years. It was first introduced in the Labour Code in 1929 and then through a specific law in 1950 (Law No 3/1950) that was then amended in 1972.
The legislative framework was completely revamped in 2005 (law no.279/2005) thus providing the necessary institutional basis for the provision of vocational training through apprenticeships at the workplace, i.e. within enterprises.
The Labour Code from 1950s as well as the Laws introduced in 1929, 1950 and 1972 indicated clearly that apprenticeships were targeted towards training “apprentices” (RO: UCENIC/UCENICIE) for a specific occupation within a given sector, under the supervision of a foreman (RO: MAISTRU/MAISTRU INSTRUCTOR).
Law No 179/2013 (amending Law 279/2005) set as explicit objectives for the ‘apprenticeship at workplace’ scheme to increase the level of qualifications among young people and facilitating their entry on the labour market.
2Beneficiaries
Apprentices must be at least 16 years old. There is no upper age limit.
Initially an age limit of 24 was mandated but was subsequently removed.
Data from the Ministry of Labour and Social Protection for the first half of year 2019 indicate that:
• 90% of apprentices are adults (over 25 years of age), or 2,181 out of 2,419 apprenticeship contracts that were in effect under this scheme in the first half of 2019, and
• 10% are young people (aged 16-25) who are no longer in formal education or training (early school leavers or NEETs), or 238 out of the 2,419 total apprenticeship contracts.
Apprenticeship contracts under the scheme:
Year/period | Number of apprenticeship contracts |
2006-2010 | 41 |
2012 | 60 |
2013-2015 | 365 |
2016 | 167 |
2017 | 431 |
2018 | 3,364 |
2019 | 6,163 |
2020 | 3,088 |
2021 | 2,655 |
2022* | 1,067 |
Source of the data: The National Agency for Employment, ANOFM;
*latest data are provided at the request of, Dr. C. Ghinararu, member of the Community of apprenticeship experts, March 2023
The reason for the increase in apprenticeship contracts concluded in recent years compared to the earlier years lies in the simplification of rules through the amendments introduced by the successive changes operated , starting with the 2017 and then successively in 2018 and 2019 (see also at: https://www.anofm.ro/index.html?agentie=&categ=1&subcateg=6)
3Qualifications
The Apprenticeship law stipulates that the ‘apprenticeship at workplace’ scheme can be organised for qualifications at levels 1, 2, 3 and 4 on the National Qualifications Framework, equivalent to the EQF.
Apprenticeship at the workplace is a scheme regulated and managed by the Ministry of Labour and Social Protection. It is part of the system for the vocational training of adults (CVET).
The same qualifications can be obtained in initial VET programmes.
All apprentices, upon programme completion, receive nationally recognised qualification certificates of equal value as those offered by initial VET.
All apprentices, upon programme completion, receive nationally recognised qualification certificates of equal value as those offered by initial VET.
Article 3 of Government Decision (RO: Hotarare de Guvern) 129 / 2000 stipulates that vocational training of adults that is concluded with certificates of vocational qualifications, is recognised nationally and is part of the national system of vocational education and training.
The apprenticeship law stipulates that the ‘apprenticeship at workplace’ scheme can be organised for qualifications at levels 1, 2, 3 and 4 on the NQF / EQF.
The programmes under the scheme can be organised for the qualifications established by the legislation in force and for the occupations included in the Occupation Classification in Romania, for which professional training standards or occupational standards exist.
In Romania, no person can access higher education without first successfully passing the Baccalaureate exam (upper-secondary school leaving exam). Graduates of the scheme who successfully pass this exam may then enrol in higher education.
Varies according to the level.
Art. 9 of Law 279/2005 amended in 2018 stipulates that the duration of the apprenticeship programme must be established according to the level of qualification targeted, without being less than:
a) 6 months where the apprenticeship is organised for competences relevant to a qualification at level 1;
b) 12 months where the apprenticeship is organised for competences relevant to a qualification at level 2;
c) 24 months if the apprenticeship is organised for competences relevant to a qualification at level 3;
d) 36 months, if the apprenticeship is organised for competences relevant to a qualification at Level 4.
4Governance
The scheme is implemented through the National Agency for Employment (RO: Agentia Nationala pentru Ocuparea Fortei de Munca/ANOFM, the Romanian PES).
Among other tasks, the Agency finances apprenticeship at the workplace through its budget (see also Q16) and monitors the compliance to contract provisions through the network of country employment agencies (see also Q16).
No role is stipulated explicitly in the legal framework.
Employer and employee representatives are members of the county authorisation committees that inter alia accredit training providers and vocational training programmes.
The authorization process includes verifying training programmes and curricula, in compliance to the occupational standard etc. County authorization committees are set up by the Ministry of Labour and Social Protection. Each committee consists of five members, including representatives of county administration, trade unions and employer organizations.
Social partners also participate in the 16 sectoral committees set up to represent different economic sectors. In these social dialogue structures, employee and employer representatives participate in the development of the legal framework regarding training, evaluation and certification of competences at sectoral level, validate the qualifications and associated occupational standards, approve new qualifications etc.
For example, the occupational standards are approved by the National Qualifications Authority (RO: Autoritatea Nationala pentru Calificari-ANC/ operating under the authority of the Ministry of Education), after they are approved by sectoral committees.
The Chambers of Commerce and Industry/Agriculture/Navigation (“chambers”) as the case may be, do not have any role in the design of apprenticeship scheme.
Employer and employee representatives are members of the county authorisation committees (see also Q14) that also have the responsibility to:
• monitor the authorised training providers and training programmes and therefore the apprenticeship programmes
• designate external specialists to participate in final exams to complete professional training programmes, including apprenticeship programmes.
Chambers do not have any role in the implementation of the ‘apprenticeship at the workplace’ scheme.
The Ministry of Labour and Social Protection is the main regulatory state authority having overall responsibilities at national level for the application of the Apprenticeship law.
Legal provisions regarding the application of the subsidy scheme for apprenticeships resides with the National Agency for Employment (ANOFM, see also Q13), i.e. the Romanian Public Employment Service which operates under the authority of the Ministry of Labour and Social Protection. The Agency, includes in its budget annual provisions for the apprenticeship scheme, under the umbrella of measures designed to support and promote employment through the provision of vocational training.
For the qualification side the overall responsibility for the accreditation (authorization) of apprenticeship programmes implemented by various enterprises falls within the remit of the county committees for authorization (See Q14) that operate under the Ministry of Labour and Social Protection.
The regulatory framework regarding qualifications falls within the remit of the Ministry of Education through the National Authority for Qualifications.
On the control and verification side of the process, given the fact that apprenticeship is considered as employment relation, the responsibility falls within the remit of the Labour Inspection (RO: Inspectia Muncii), a body which is also subordinated to the Ministry of Labour and Social Protection which thus has a pivotal role in the whole process.
5Training at the workplace
Article 9 of Law 279 / 2005 (and its amendments) stipulates that the apprenticeship at workplace should include both a theoretical and practical training at workplace.
Apprenticeship contracts, which are the basis for apprenticeships at workplace, can only be established by employers.
The employer concludes a service contract for the apprenticeship programme with an accredited (authorised) vocational training provider (art. 4 lit. e) of the apprenticeship law).
Both theory and practical training are provided mainly by companies, in cooperation with the authorised vocational training providers (the latter also organise the qualification exams).
The training provider decides together with the employers the entire apprenticeship programme including the locations where theory is to be taught.
Vocational training periods alternate with the work time allocated to performing the tasks specified in the job description.
Training takes place over the entire duration of the apprenticeship contract.
The time allocated to vocational training alternates with the time allocated for work duties specified in the job description.
The time required for the theoretical training of apprentices is included in the normal work schedule.
Sources: Law No 279 / 2005 with subsequent amendments.
The time allocated to the training programme is linked to the purpose, objectives, content of the theoretical and practical training.
The Law regulating the apprenticeship contract stipulates that the time required for the theoretical training of the apprentice is included in the normal weekly work schedule at the company, which is 8 hours a day and 40 hours a week - for young people up to 18 years, 6 hours a day and 30 hours a week.
The training programme includes theoretical and practical training, in accordance with the legal provisions in force and, as the case may be, with the special laws governing that occupation.
The scheme can be organised for the qualifications established by legislation and for the occupations included in the Occupation Classification in Romania, for which professional training standards or occupational standards exist.
Article 6 (6) of the Law No 279/2005 stipulates that the employer is obliged ‘to ensure access of the apprentice to the theoretical and practical training corresponding to the vocational training programme, completed with a certificate of professional qualification of adults, under the provisions of the Government Ordinance no. 129/2000 regarding the vocational training of adults, republished, as subsequently amended and supplemented’.
The apprentice coordinator appointed by the training company (see Q23) has the obligation to work with the training provider to organise the training offered to the apprentice and to develop his/her work plan with the training provider based on the occupational standard corresponding to the occupation.
The apprenticeship training programme is an integral part of the apprenticeship contract concluded between the employer and the apprentice.
The apprentice coordinator appointed by the training company (see Q23) has the obligation to work with the training provider to organise the training offered to the apprentice and to develop his/her work plan with the training provider based on the occupational standard corresponding to the occupation.
Article 5 of Law No 279 / 2005 with subsequent amendments stipulates that: ‘The employer has the obligation to appoint a coordinator to oversee the training of the apprentice in order to acquire the necessary vocational skills to obtain the qualification for which the apprenticeship at workplace is organized.’
Article 6 (6) of the Law No 279/2005 stipulates that the employer is obliged to ensure payment of wages to the apprentice as well as to ensure the conditions necessary for the training of the apprentice, including access to theoretical training by means of developing a contract for services between the employer and an authorized vocational training provider. The employer and the training provider develop together the training plan for the apprenticeship.
Article 12 of Law 279/2005 stipulates that the employer is obliged to ensure for the apprentice access to theoretical and practical training as well as all the necessary conditions for the authorized training provider and the coordinator to fulfil their duties regarding training the apprentice.
It is required that the apprentice trainer is a foreman (RO: Maistru/maistru instructor). This implies that the trainer must have valid and certified training in the occupation for which he/she is exercising the foremanship.
Foremen schools are a special type of VET establishments/programmes which are generally organized by certified training providers (these may be vocational-type high-schools or vocational schools which also run such programmes).
In the past, such schools were quite numerous, however, their number is now relatively small which also contributes to the deficit of foremen for apprenticeship at the workplace.
Initially (Law no.279/2005), foremen were also required to be certified as adult trainers. Nonetheless, as this has been signalled as a hurdle for the organization and the obligation was lifted.
Article 23 of Law No 279/2005 introduced a clause on sanctions to employers that fail to fulfil their responsibilities towards training an apprentice, namely a fine of RON 10.000. It refers to failure regarding the appointment of an apprenticeship coordinator, to keep the provisions on the conclusion and registration of the employment contract, to comply with the apprentice access conditions, maternity discrimination, the length of the apprenticeship programme, the non-inclusion of theoretical training in the normal work schedule, access to theoretical and practical training, etc.
Employers benefiting from a grant for their participation in the apprenticeship programme are obliged to maintain labour relations with the apprentice throughout the apprenticeship contract. In case the apprenticeship contract ceases before the date stipulated in the contract, the employer is obliged to return to the county employment agency the sums received from the unemployment insurance budget for the apprentice, plus the reference interest rate of the National Bank of Romania in force at the date of termination of the apprenticeship contract, if the termination of the contract took place for reasons attributable to the employer.
Labour inspectors have the competence to check the way of concluding, executing, amending, suspending and terminating the apprenticeship contract in the situations and under the conditions provided by the methodological norms for the application of the provisions of this law. (art.20)
The Ministry of Labour and Social Justice, through the County Employment Agencies and the Bucharest Municipality respectively, check the activity of authorised training providers carrying out apprenticeship training programmes at the workplace. (art.21)
6Contract and compensation
Article 10 of Law No 279/2005 specifies the status of apprentice: ‘The person employed under a contract of apprenticeship at the workplace has the status of apprentice’. Article 11 clarifies that the status of apprentice gives all rights and obligations applicable to paid employees under the labour law.
The responsibilities of the apprentice are:
- to carry out the activity in accordance with the provisions of the apprenticeship contract;
- to participate in the theoretical and practical training corresponding to the vocational training programme, completed with an adult vocational qualification certificate;
- to participate in a final examination at the end of theoretical and practical training sessions in order to obtain the vocational qualification certificate.
Apprenticeship contracts are the basis for the ‘apprenticeships at workplace’ scheme.
The apprenticeship contract is an individual fixed-term individual employment contract under which a natural person called an apprentice undertakes to professionally prepare and work for and under the authority of a legal or individual person called an employer who is obliged to pay the salary and all the conditions necessary for the professional training.
The conclusion, execution, modification, suspension and termination of the apprenticeship contract are subject to the provisions of Law no. 53/2003 - Labour Code.
In addition to the mandatory elements of the individual employment contract, the apprenticeship contract also includes the following clauses regarding:
a) the name of the qualification to be acquired by the apprentice;
b) the name of the training provider carrying out the apprenticeship training;
c) the name of the apprentice coordinator and his / her qualification;
d) the place(s) in which the professional training is carried out;
e) the time required for theoretical and practical training through apprenticeship;
f) additional obligations of the employer;
g) the obligations of the apprentice;
h) other clauses, according to the law.
Article 6 of the Law 279/2005 stipulates that the employer needs to register the apprenticeship contract within 20 days at the territorial labour inspectorate (under the Ministry of Labour). There are 42 territorial Labour Inspectorates, one for each of the 41 counties (RO: JUDET) and one for the Municipality of the capital city of Bucharest (RO:Bucuresti).
Prior to the start of the activity, the apprenticeship contract needs to be registered also in the general register of employees (RO acronym: REVISAL – Registrul de Evidenta Electronica al Salariatilor), which is also communicated to the territorial labour inspectorate.
All apprentices under a contract of apprenticeship at the workplace receive a salary.
The basic monthly salary set by the apprenticeship agreement is at least equal to the national gross minimum salary in force for a programme of 8 hours a day and 40 hours per week on average.
The basic monthly salary set by the apprenticeship agreement is at least equal to the national gross minimum salary in force for a programme of 8 hours a day and 40 hours per week on average.
7Financing and incentives
Sums paid to the apprentice may pe partly reimbursed from the budget of the unemployment fund (unemployment insurance budget) or, if applicable, from EU funds (European Structural and Investment Funds). Such reimbursement is governed by the specific rules applying either to the national support scheme (i.e.: law 279/2005 with amendments to date and Law no.76/2002 regarding the unemployment insurance fund and measures to promote employment, with amendments to date) or to the specific EU funded scheme.
Conclusion and execution of an apprenticeship contract is not dependent on a financing arrangement either with the Ministry of Labour and Social Protection via the National Agency for Employment or under an EU funded programme.
Therefore, enterprises may also choose to finance apprenticeships entirely on their own resources if they see fit.
All apprentices under a contract of apprenticeship at the workplace receive a salary.
This can be financed through the unemployment insurance budget, managed by the National Agency for Employment.
The Law No 179/2013 amending the initial 2005 law on apprenticeships at workplace introduced a new clause that the financing of apprenticeships is permitted also from other sources: donations, sponsorships, EU funding sources, own resources from employers etc.. As a result, in the last years the main sources of financing were the unemployment insurance budget and ESF funds.
Employers may apply for the PES subsidy of EUR483 per month (2250 Romanian Leu-RON), for each apprentice, for up to three years (i.e. for the entire duration of the apprenticeship programme, according to its level), that is financed by the unemployment insurance budget or ESF funds.
The minimum programme duration varies by qualification level:
• six months for EQF level 1;
• one year for EQF level 2;
• two years for EQF level 3;
• three years for EQF level 4.
For detailed information on how the apprenticeship scheme is financed, you may also consult the corresponding fiche in Cedefop’s database on financing apprenticeships in the EU: https://www.cedefop.europa.eu/en/tools/financing-apprenticeships/appren…
Training takes place over the entire duration of the apprenticeship contract. The time allocated to vocational training alternates with the time allocated for work duties specified in the job description. The time required for the apprentice's theoretical training is included in the normal work schedule.
Fast track opportunities may apply.
Learners may choose to validate their prior skills or qualifications with validation centres which are accredited by the same County committees responsible for the accreditation of vocational training schemes.
Validation centres are operated by accredited training providers.