APPRENTICESHIP AT WORKPLACE

Transcription

1 APPRENTICESHIP AT WORKPLACE

2 Apprenticeship is a vocational training done under a contract of apprenticeship in the workplace. Apprentice is an individual employed under a contract of apprenticeship in the workplace. The employer shall designate a coordinator for the training of an apprentice, based on contract of apprenticeship in the workplace. Apprenticeship coordinator is an employee of the employer which organizes the workplace apprenticeship. If the apprenticeship in the workplace is organized by an individual entrepreneur, apprenticeship coordinator is even the individual entrepreneur, according to the law.

3 APPRENTICESHIP CONTRACT The apprenticeship contract is a particular type of individual fixed-term employment contract, under which a person called apprentice is professionally obliged to learn and work for and under the authority of a person called natural or legal employer which is obliged to ensure payment of wages and necessary training conditions. The conclusion, performance, amendment, suspension and termination of apprenticeship contract are in compliance with Law no. 53/ Labour Code, republished, relating to apprenticeship and employment contract. The contract of apprenticeship ends compulsory in written form in Romanian, and is recorded within 20 days at the Labor Inspectorate.The obligation to conclude the contract of apprenticeship in the workplace, in writing, incumbent on the employer. Prior to commencement of work, apprenticeship contract is recorded in the General Book Of Employees, which will be transmitted to the Labor Inspectorate. In addition to the mandatory individual employment contract, the contract of apprenticeship in the workplace include clauses regarding: a) qualification which will be acquired by the apprentice; b) the name and qualification of his apprenticeship coordinator; c) the place / places where vocational training takes place; d) the necessary duration of theoretical and practical training for apprenticeship in the workplace; e) other provisions under the law. The rights and obligations of the employer and of the apprentice shall be determined by the contract of apprenticeship in the workplace, which is supplemented by the provisions of applicable collective labor contract contents and internal regulations, as appropriate. The contract of apprenticeship framework is approved by Government decision.

4 WHO CAN BE CLASSIFIED AS AN APPRENTICE IN THE WORKPLACE? Any natural person who has reached the age of 16 years, but not more than 25 years, and does not have a qualification for the occupation for which the appreniceship is organized. A person may enter, as an apprentice, into a contract of apprenticeship, even at the age of 15 years, with the written consent of parents or legal guardians for activities appropriate to the physical development, skills and knowledge if so it does not endanger the health, development and training. Lack of parental or legal representatives consent entails absolute nullity of the contract of apprenticeship. Can be employed as apprentices even the following categories: a) foreign citizens, stateless persons who have obtained work permit in Romania, according to legal regulations in force; b) nationals of EU Member States, the States signatory to the European Economic Area Agreement and their family members. Motherhood is not reason for discrimination in the workplace apprenticeship execution. Apprentices who have reached 18 y.o. are entitled to allowance, under the provisions of the Family Code, in this case the period of apprenticeship is treated as the continuation of studies.

5 WHO CAN CONCLUDE CONTRACTS OF APPRENTICESHIP IN THE WORKPLACE? Notwithstanding the provisions of Government Emergency Ordinance no. 44/2008 regarding the economic activities performed by authorized individuals, individual enterprises and family enterprises, as amended and supplemented, the following categories can conclude contracts of apprenticeship in the workplace: a) the authorized natural person, if he/she proves that provides at least a year the activity for which has been authorized; b) the family enterprise, through its representative, if it proves that provides at least a year the activity for which was established. The authorized natural person and the family enterprise can organize apprenticeship for up to three apprentices, and only for level 1 of qualification, according to the law. The authorized natural person or, where appropriate, designated representative of the family enterprise prepares apprentices being, in the same time, apprenticeship coordinator. The provisions of this Act relating to the contract of apprenticeship in the workplace are applicable in the case of employment of apprentices employed by cooperative associations governed by special laws. The duration of the apprenticeship in the workplace can not be more than 3 years and less than 12 months. Apprentice may be subject to a probationary period, not exceeding 30 working days. Vocational training through apprenticeship includes theoretical and practical training or practical training only. The time required by theoretical training of apprentices is included in the normal work. Basic monthly salary, set by the contract of apprenticeship in the workplace is at least equal to the minimum gross wage in the country, in force for a program of 8 hours per day, 40 hours per week. The normal working hours for employees under contract of apprenticeship in the workplace is maximum 8 hours a day, 5 days a week.

6 APPRENTICE STATUS A person employed under the contract of apprenticeship has the status of apprentice. Within the contract of apprenticeship, the parties may agree that, at its end, the work can continue under a contract of employment for the occupation in which the apprentice will be qualified. Apprentice status confers to the apprentice all the rights and obligations under employment law. Apprentices benefit from legal provisions applicable to other employees, to the extent that they are not contrary to apprentice status. In the training of the apprentice, the employer shall ensure that apprentice has access to theoretical and practical training and all necessary conditions so that the apprenticeship coordinators carry out their tasks in terms of apprentice training.

7 ORGANIZATION OF APPRENTICESHIP IN THE WORKPLACE Apprenticeship at work is organized for levels 1, 2 and 3 of qualification, established by law. Apprenticeship at work is organized for qualifications established by legislation and for occupations listed in the Classification of Occupations in Romania, for which already exist training standards, occupational standards respectively. Apprentice training takes place in jobs which allow the acquisition of all competencies set in occupational standard, training standard, respectively. Is forbidden to use the apprentices for other activities and / or perform other tasks than those dealing with the theoretical and practical training under the contract of apprenticeship in the workplace. The employer shall organize the evaluation of theoretical and practical training of apprentices, through a center of assessment and certification of professional skills acquired in other ways than formal, and to bear the costs of assessment and certification of training by apprenticeship. The training evaluation and certification is in accordance with legal provisions on skills acquired in non formal and informal system. If the apprentice did not obtain specific professional skills through apprenticeship training program, according to par. (1), its assessment may be made once again within 60 days from the date ofthe Review Commission decision issued under the law. In this case, apprenticeship agreement may be extended, as appropriate, no more than 60 days. Obligations of an apprentice: a) to learn in order to obtain the certificate of competences, in accordance with occupational standard, training standard, respectively; b) to participate in the assessment process and to make all reasonable efforts to obtain the certificate referred earlier.

8 FINANCIAL SUPPORT OF APPRENTICESHIP IN THE WORKPLACE An employer who enters into a contract of apprenticeship in the workplace may receive, a monthly basis, upon request, from PES, during the contract of apprenticeship, for that apprentice, an amount equal to 60% of reference value of social indicator of unemployment insurance, in accordance with law no. 76/2002 on the unemployment insurance system and employment stimulation, with subsequent amendments. This provisions shall not apply to: a) probationary period provided in the content of contract of apprenticeship in the workplace; b) the period during which labor relations are suspended; c) extending the contract period of apprenticeship. The monthly amount received by the employer is in proportion to the actual time worked by an apprentice, and for the period of annual leave of the apprentice. Do not enjoy these provisions the employers who, prior to conclusion of the apprenticeship to work with the person concerned, had signed another contract of apprenticeship in the workplace.

9 To ensure the training of apprentices, employers benefit from the facilities mentioned before if they maintain their working relationship during the apprenticeship contract work completed. If the apprentice does not obtain the second certificate of competence, the employer is obliged to return, in full, all the money that he received from the unemployment insurance budget for that apprentice, plus the interest of the National Bank of Romania in force on the date of the second Assessment Commission decision issued. In this case, the employer has the right of recourse against the disciples who, in bad faith or negligently, fails to fulfill their obligations. If the contract of apprenticeship in the workplace ends prematurely, the employer is obliged to reimburse to PES all the money received from the unemployment insurance budget for that disciple, plus interest of the National Bank of Romania, in force at the date of end of contract of apprenticeship.

10 CONTROL PES - Compliance with the obligations concerning the maintenance of labor relations LABOR INSPECTORATE the way of closing, performance, amendment, suspension and termination of employment contracts BENEFIT AGENCY - how it is organized apprenticeship at work

11 Thank you!