Professional training is currently a topic of major importance for both employees and companies, as employees have become highly focused on improving their skills and career development, and companies are willing to make efforts regarding their retention.

Each employer must therefore understand what professional training entails, its objectives, and the obligations they have towards their employees in this regard.

According to the Labor Code, the primary objectives of employee professional training are as follows:

a) Adapting the employee to the job requirements;
b) Obtaining a professional qualification;
c) Updating the knowledge and skills specific to the job and workplace and enhancing professional training for the main occupation;
d) Professional reconversion due to socio-economic restructuring;
e) Acquiring advanced knowledge, modern methods, and procedures necessary for professional activities;
f) Preventing the risk of unemployment;
g) Promotion at work and career development.

The Labor Code also states that professional training and knowledge evaluation are based on occupational standards.

Employee professional training can be achieved through the following forms:

a) Attending courses organized by the employer or by professional training service providers in the country or abroad;
b) Professional adaptation internships to job and workplace requirements;
c) Practical and specialization internships in the country and abroad;
d) Apprenticeship organized at the workplace;
e) Individualized training;
f) Other forms of training agreed upon by the employer and the employee.

Employers’ Obligation to Provide Professional Training Programs at Certain Intervals

Employers are required, according to the Labor Code, to ensure employee participation in professional training programs as follows:

a) At least once every 2 years, if they have at least 21 employees;
b) At least once every 3 years, if they have fewer than 21 employees.

The costs of participating in professional training programs are covered by the employers.

Employers Required to Annually Develop a Professional Training Plan

According to legislation, a legal entity employer with more than 20 employees must annually develop and implement professional training plans, in consultation with the union or, where appropriate, employee representatives.

The professional training plan becomes an annex to the collective labor agreement concluded at the unit level.

Employees have the right to be informed about the content of the professional training plan.

Professional Training Can Also Be Initiated by the Employee

Participation in professional training can be initiated by the employer or the employee, as stipulated in the Labor Code.

If the participation in courses or training internships is initiated by the employer, all associated costs are borne by the employer.

The specific training method, the rights and obligations of the parties, the duration of the professional training, and any other aspects related to professional training, including the employee’s contractual obligations to the employer who covered the training costs, are established by mutual agreement and are subject to additional acts to the individual employment contracts.

Employee Rights During Professional Training

During participation in courses or training internships, the employee will benefit from all their salary rights for the entire duration of the professional training.

Additionally, according to the Labor Code, during participation in courses or training internships, the employee will also accrue seniority at that workplace, and this period is considered a contribution stage in the state social insurance system.

Obligations of Employees Benefiting from Professional Training Programs

Employees who benefit from professional training have both rights and duties. Thus, those who have attended a course or training internship, with the costs covered by the employer, cannot initiate the termination of the individual employment contract for a period established by an additional act.

The duration of the employee’s obligation to work for the employer who covered the training costs, and any other aspects related to the employee’s obligations after professional training, are established by an additional act to the individual employment contract.

Risks for Employees Who Request Termination of the Individual Employment Contract During the Agreed Period

If the employee does not comply with the provision that they cannot initiate the termination of the individual employment contract for the period established by an additional act, they are obliged to bear all the training costs, proportional to the remaining period from the agreed duration.

The same obligation applies to employees who are dismissed during the period established by the additional act for disciplinary reasons or whose individual employment contract is terminated due to preventive arrest for more than 60 days, a final court conviction for an offense related to their work, or if the criminal court has pronounced a temporary or permanent ban on practicing the profession.

Professional Training Initiated by the Employee

If the employee initiates participation in a form of professional training with leave from work, the employer will review the employee’s request, together with the union or, where appropriate, employee representatives.

The employer will decide on the employee’s request within 15 days of receiving it. Additionally, the employer will determine the conditions under which the employee will be allowed to participate in the professional training, including whether the employer will fully or partially cover the associated costs.

Employees who have signed an additional act to the individual employment contract regarding professional training may receive benefits in kind for professional training, in addition to the salary corresponding to their job.