The employee has the right to avail professional training in order to continuously update themselves for the positions they occupy, or to acquire knowledge to be promoted in other roles within the company.
According to the Labour Code, employers have the obligation to bear the cost of occasionally providing vocational trainings to all their employees.
Professional training must be provided at least once every two years if they have more than 21 employees, and at least once every three years if they have less than 21 employees.
Are there different type of leave for professional training?Professional training leave may be paid or unpaid.
When the vocational training has been initiated by the employer, all expenses generated by such participation shall be borne by the employer, without affecting the employee’s salary rights. Employees participation in the professional training may be either full time or part time and the employee shall not be considered absent for the training duration and it will not be deducted from the annual leave. The training period is considered seniority.
If the employer does not provide the professional training of the employee, he / she has the right to attend vocational training courses within 10 working days or 80 hours, on employer’s expenses, if the employer considers that the training helps the employee in his / her profession. In this case, the employee has to inform the employer at least 30 days prior to training’s start, and provide details about the course. This is paid leave only if the employee has the employer’s agreement.
Unpaid leave is required for training that the employee wants to take and it’s outside his scope of work. The employee may have unpaid leave for training only with the employer’s agreement. The employer has the right to decline the unpaid leave for training if removing the employee from work would create shortcomings.
Students may apply for unpaid leave for professional training, which can be split in the course of the year to take exams, but only with employer’s agreement.
The employer must create an annual training plan for employees, which must be included in the internal regulation or collective employment contract, if applicable.
What does the professional training clause contain?
After the employer has disposed and supported the training of an employee, they may conclude a professional training clause that regulates the rights and obligations of the parties and must contain at least:
- Identity of the parties;
- Scope of the clause;
- The initiator of the training program;
- The training period;
- Training specifics – whether the training involves the partial or total removal of the employee from work, and whether the employee must take an exam at the end of the course to verify the knowledge acquired.
- Duration of clause’s effects – the maximum period a clause can take effect is 24 months after the completion of the course;
- Vocational training provider;
- The price and any additional expenses incurred;
- The rights and obligations of the parties;
What are the rights and obligations of the parties during the vocational training clause?
The employee has the following main rights and obligations:
- To actively participate in all the activities carried out during the training course and to not skip classes without a valid reason;
- To follow the rules set by the training provider throughout the course;
- To receive the salary for the period in which he / she takes part in the training even if it involves his / her total removal;
- To acquire the necessary knowledge to pass the final exam.
- If the employee doesn’t pass the final exam, meaning the knowledge acquired is not validated, the employee undertakes to return to the employer all expenses incurred by his / her professional training.
- To use all the information acquired during the training, in the most beneficial way in his activity, establish a working strategy and constantly update it and make it available to others so that any colleague can use it at any given time.
- To bear the costs of training if, during the term of the clause (maximum 24 months), he initiated the termination of the employment contract/resigns.
The uncovered period is calculated as follows: the amount of the training expenses / 24 (months) * no. of remaining months.
The months to be covered are the remaining months til the 24 months of the initial agreement concluded between the parties. If the employee worked for 4 months after signing the clause, he / she must return the amount for 20 months, and if the employee has worked for 16 months after signing the clause, he / she must return the amount for 8 months.
The employer has the following main rights and obligations.
- Initiate the training course;
- To bear all costs incurred in training
- To pay the employee’s salary without taking into consideration his/her work absence.
- To use the employee according to the training;
- To recover their training costs if the employee initiates the termination of the employment contract during the clause
Gabriela is a HR expert with more than 10 years experience