In the Official Gazette no. 531 dated June 28, 2019, GOVERNMENT DECISION no. 423 of June 28, 2019 was published, amending and supplementing the Implementing Rules for the provisions of Law no. 279/2005 on apprenticeship at the workplace, approved by Government Decision no. 855/2013.
The hourly schedule for theoretical and practical training of apprentices is established by mutual agreement between the employer and the vocational training provider, taking into account the employer’s working schedule, the specific characteristics of apprentices, and the applicable occupational health and safety regulations.
The term “duration required for theoretical and practical training through apprenticeship at the workplace,” as provided in art. 6 para. (5) lit. e) of the law, means the minimum duration of the vocational training program through apprenticeship at the workplace, expressed in hours for theoretical and practical training, by qualification level, as follows:
- 180 hours for qualification level 1;
- 360 hours for qualification level 2;
- 720 hours for qualification level 3;
- 1,080 hours for qualification level 4.
Vocational training through apprenticeship at the workplace is organized over the duration of the apprenticeship contract, after the conclusion of the probationary period, in accordance with the schedule referred to in art. 10 para. (3).
“Reasons attributable to the apprentice,” within the meaning of art. 20 para. (1) and (2), lit. f), means:
- termination of the employment relationship under art. 61 lit. a) of Law no. 53/2003, as republished and subsequently amended;
- termination of the employment relationship by resignation, pursuant to art. 81 para. (1) of Law no. 53/2003, as republished and subsequently amended.
Women in the situation referred to in art. 7 para. (3) of the law have all the rights and obligations provided for by the provisions of Government Emergency Ordinance no. 96/2003 on maternity protection in the workplace, approved with amendments and supplements by Law no. 25/2004, as subsequently amended.
In the event that the apprenticeship contract does not expire by operation of law during the period of suspension, by agreement of the parties, the apprenticeship contract may be extended pursuant to art. 82 para. (3) of Law no. 53/2003, as republished and subsequently amended, in order to complete the vocational training program.
In the event that the apprenticeship contract is terminated during the period of suspension in accordance with the provisions of art. 49 para. (5) of Law no. 53/2003, as republished and subsequently amended, the vocational training provider issues a certificate showing the number of hours of theoretical and practical training completed by the apprentice under the apprenticeship program.
On the basis of the certificate referred to in para. (3), the person who held the status of apprentice may register with the county employment agency, or the Bucharest municipality employment agency, as a person seeking employment, where they will be provided with specialized services pursuant to the provisions of Law no. 76/2002 on the unemployment insurance system and employment stimulation, as subsequently amended, in order to make use of the theoretical and practical training hours completed.
The probationary period, as referred to in art. 9 para. (2) of the law, is included in the duration for which the apprenticeship contract is concluded.
The person selected for employment as an apprentice is informed by the employer about the duration of the probationary period.
The vocational training services contract referred to in para. (1) is concluded after the completion of the probationary period.
For the granting of amounts from the unemployment insurance budget as provided in art. 16 para. (2) of the law, the employer concludes a convention with the county employment agency, or the Bucharest municipality employment agency, within 60 working days from the expiry of the probationary period included in the apprenticeship contract, in accordance with the model set out in Annex no. 5.