The professional training clause can occur from the moment of signing the labor contract or during its execution, as an addendum. The special contract of professional training is concluded between the employer and the employee.

The employee who benefits from such a clause and from the course/courses related to the professional training can’t have the initiative to conclude the labor contract for a certain period if the employer has paid for them. This period is determined by the addendum.

If the employee resigns before the set period, is obliged to pay compensation to the employer.

If the employee is the one who has the initiative to participate in a form of professional training with an interruption of the work routine, the employer shall consider the request of the employee (together with the union or, as appropriate, with representatives of the employees).

In this situation, the employer shall decide on:

• the request filed by the employee within 15 days of receipt of request;
• the conditions that will allow the employee participation in the form of proffesional training, including whether to bear all or part of the cost incurred by it (Art. 196 and 197 Labor Code).

The employee may receive, outside the salary for his job, other benefits in nature for the professional training in case that an addendum to the labor contract was signed regarding the professional training clause.

Why a professional training clause is needed

The employee’s right of access to professional training is determined by the provisions of art. 39, phar. (1) lit. g) of the Labor Code.

Thus, the objectives of the employees training are:

• Adapting to the requirements of the job;
• Obtaining a professional qualification;
• Updating the knowledge and the skills specific to the job;
• Retraining;
• Acquiring new knowledge to achieve professional activities;
• Promoting the work and the professional development;
• Prevent the risk of unemployment.

The training can be done in several ways, as stipulated in Article 193 of the Labor Code:

• Courses provided by the employer or training providers in the country / abroad;
• Professional internships for adapting to the demands of the job;
• Training courses and practice;
• Apprenticeship at work;
• Individualized training;
• Other forms of preparation, agreed upon by both parties (employer and employee).

The obligations of employer for the professional training clause

The labor Code provides, in Article 194, that the employers must ensure employees the attending to training programs at least once every two years, if they have at least 21 employees and at least once every three years if they have under 21 employees.

You could also be interested in:

The confidentiality clause in the labor contract

The vacation tickets become vouchers

The contributions for non-competition compensation