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Law No. 279 October 5 2005 (Republished) Concerning The Early Life And Work

Original Language Title:  LEGE nr. 279 din 5 octombrie 2005 (*republicată*) privind ucenicia la locul de muncă

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LEGE no. 279 279 of 5 October 2005 (* republished *) on apprenticeships at work
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 498 498 of 7 August 2013



-------- Note * *) Republicated pursuant to art. VI of Law no. 179/2013 to amend and supplement Law no. 279/2005 on apprenticeship at work, published in the Official Gazette of Romania, Part I, no. 348 348 of 13 June 2013 and corrected in the Official Gazette of Romania, Part I, no. 435 435 of 17 July 2013, giving the texts a new numbering. Law no. 279/2005 on the apprenticeship at work has been republished in the Official Gazette of Romania, Part I, no. 522 522 of 25 July 2011. + Chapter I General provisions + Article 1 ((1) Ucenicia represents the vocational training carried out at work on the basis of an apprenticeship contract. (2) The vocational training programme through apprenticeships at work is an integral part of the apprenticeship contract. + Article 2 The objectives of vocational training through apprenticeships at work are: a) to provide interested persons, over the age of 16, the possibility of obtaining a qualification in the adult vocational training system, enabling employment and further learning; b) allow employers to provide qualified, quality labour according to their own requirements; c) facilitate the social integration of interested persons over the age of 16, in line with professional aspirations and labour market needs; d) ensure an adequate level of security for interested persons over the age of 16 to address segmented labour markets; e) contribute to economic growth, creation of new jobs, social cohesion and personal fulfilment; f) promote social dialogue and contribute to the development of local partnerships. + Article 3 Apprenticeships at work address: a) interested persons, over the age of 16, who want to focus on learning from real, concrete professional situations, required by the practice of a direct occupation at work; b) employers who wish to organize apprenticeship activities at work according to the fields of activity, for jobs declared vacant. + Article 4 For the purposes of this law, the following terms and expressions have the following meanings: a) employer-natural or legal person who may, according to the law, hire labor on the basis of an individual employment contract; b) apprentice-person over 16 years of age who, of his own will, concludes an apprenticeship contract with an employer, in order to obtain a qualification; c) vocational training providers for apprenticeships at work, hereinafter referred to as suppliers-educational establishments and institutions, employers, other trainers, authorizations/accredited for that qualification; d) the apprenticeship coordinator-the employee of the employer or, as the case may be, the entrepreneurial individual organizer of the apprenticeship at work and who has the obligation to collaborate with the professional training provider authorized for the organization, the conduct and continuous evaluation of the apprentice's vocational training, based on the occupational standard corresponding to the occupation in which the apprentice qualifies; e) contract for the provision of vocational training services-the contract concluded between the employer and the vocational training provider for apprenticeships at work, if any other legal person, under which professional training is provided of the apprentice and the support of graduation exams, upon completion of the apprenticeship contract. + Article 5 The employer has the obligation to designate an apprenticeship coordinator who directs the apprentice in order to acquire the professional skills necessary for the qualification for which the apprenticeship is organized at work. + Chapter II The apprenticeship contract + Article 6 (1) The apprenticeship contract is an individual employment contract of a particular type, concluded for a fixed term, under which a natural person, called an apprentice, undertakes to prepare professionally and to work for and under the authority of a legal or natural persons called an employer, who undertakes to ensure the payment of the salary and all the conditions necessary for vocational training (2) The conclusion, execution, modification, suspension and termination of the apprenticeship contract shall be made subject to compliance with the regulations Law no. 53/2003 -Labor Code, republished, with subsequent amendments and completions, regarding apprenticeship and individual employment contract. (3) The apprenticeship contract shall be concluded mandatory in written form, in Romanian, and shall be registered within 20 days at the territorial labor inspectorate, respectively of the city of Bucharest. The obligation to conclude the apprenticeship contract, in written form, lies with the employer. (4) Prior to the start of the activity, the apprenticeship contract is also registered in the general register of employees, which is transmitted to the territorial labour inspectorate. (5) In addition to the mandatory elements of the individual employment contract, the apprenticeship contract also includes the following clauses relating to: a) the name of the qualification to be acquired by the apprentice; b) the name of the training provider carrying out the vocational training programme through apprenticeships at work; c) the name of the apprenticeship coordinator and its qualification; d) the place/places where the training activity is carried out; e) the duration necessary for theoretical and practical training through apprenticeships at work; f) additional obligations of the employer; g) obligations of the apprentice h) other clauses, according to the law. (6) The employer's additional obligations are: a) to provide the apprentice with all the rights conferred on him by a fixed-term employment contract in proportion to the time worked; b) to provide the apprentice with the practical training necessary for the qualification in which the apprentice is formed c) to provide the apprentice with access to the theoretical and practical training of the vocational training program, completed with the certificate of professional qualification of adults, under the conditions Government Ordinance no. 129/2000 on the vocational training of adults, republished, with subsequent amendments and completions; d) to provide funding to the apprentice's vocational training program, if this program is not funded from other sources. (7) The obligations of the disciple are: a) to operate in accordance with the provisions of the apprenticeship contract; b) to participate in the theoretical and practical training of the vocational training program, completed with the certificate of professional qualification of adults, under the conditions Government Ordinance no. 129/2000 , republished, with subsequent amendments and completions; c) to support and promote the graduation exam at the end of the theoretical and practical training stages, in order to obtain the certificate of professional qualification. (8) The rights and obligations of the employer and of the apprentice shall be established by the apprenticeship contract, supplemented by the provisions of the applicable collective agreement and the internal regulations, as the case may be. (9) The framework model of the apprenticeship contract is approved by Government decision *). ----------- Note * *) See Government Decision no. 234/2006 for the approval of the methodological norms for the application of Law no. 279/2005 on apprenticeship at work, published in the Official Gazette of Romania, Part I, no. 196 of 2 March 2006, with subsequent amendments and completions. + Article 7 ((1) May conclude an apprenticeship contract the person who cumulatively meets the following conditions: a) take steps to find a job, by his own means or by registration with the employment agency in whose territorial area he has his domicile or, as the case may be, his residence or other occupancy service provider, accredited under the law; b) has reached the age of 16; c) has no qualification for the occupation in which the apprenticeship is organized at work; d) meets the conditions of access to vocational training through apprenticeship at work, on qualification levels, according to the provisions Government Ordinance no. 129/2000 , republished, with subsequent amendments and completions. (2) They may fit into work as apprentices and the following categories: a) foreign citizens, as well as stateless persons who have obtained a work permit in Romania, according to the legal regulations in force; b) citizens of the Member States of the European Union, of the signatory states of the Agreement on the European Economic Area and their family members. ((3) Maternity does not constitute grounds for discrimination in the performance of apprenticeships at work. (4) Apprentices up to the age of 26 are entitled to maintenance, with the provisions of the Civil Code, the period of apprenticeship being assimilated with the continuation of studies. + Article 8 ((1) By way of derogation from provisions Government Emergency Ordinance no. 44/2008 on the conduct of economic activities by authorized individuals, individual undertakings and family businesses, with subsequent amendments and completions, may conclude apprenticeship contracts at work and: a) the authorized natural person, if he proves that he has been providing for at least one year the activity for which he was authorized; b) the family enterprise, through its representative, if it proves that it has been providing for at least one year the activity for which it was constituted as a family enterprise. (. The authorized natural person or, where appropriate, the designated representative of the family undertaking shall prepare apprentices while also having the capacity of apprenticeship coordinator. (3) The provisions of this law relating to the conclusion of the apprenticeship contract are also applicable to the employment relationships of the apprentices employed by the cooperative associations, regulated by special laws. + Article 9 (1) The duration of the apprenticeship contract shall be determined according to the level of qualification for which the apprentice is to be prepared, without being able to be less than: a) 12 months, where the apprenticeship at work is organised for the acquisition of skills corresponding to a level 1 qualification; b) 24 months, if the apprenticeship at work is organized for the acquisition of competencies corresponding to a level 2 qualification; c) 36 months, if the apprenticeship at work is organized for the acquisition of the competencies corresponding to a level 3 qualification. ((. The Apprentice may be subject to a trial period not exceeding 30 working days. (3) The vocational training through apprenticeship at work includes theoretical training and practical training, in accordance with the legal provisions in force and, as the case may be, with the special laws governing that occupation. (4) The time required for the theoretical training of the apprentice is included in the normal work schedule (5) The monthly basic salary, established by the apprenticeship contract, is at least equal to the minimum gross basic salary per country in force for a program of 8 hours per day, respectively 40 hours on average per week. (6) The duration of working time is 8 hours per day and 40 hours per week, and in the case of young people up to 18 years of age, the duration of working time is 6 hours per day and 30 hours per week. + Chapter III Apprentice status + Article 10 (1) The person employed on the basis of the apprenticeship contract has an apprentice status. ((. At the conclusion of the apprenticeship contract, the parties may agree that, upon termination of the contract: a) the activity of the apprentice, after obtaining the qualification, to continue at least a period equal to the duration of the apprenticeship contract, by concluding an individual employment contract, under the law, for the exercise of the occupation in which the apprentice was qualified, if the employer funded the apprenticeship program; b) the apprentice to bear the expenses occasioned by the professional training financed by the employer as he does not comply with the contractual terms provided in lett. a). + Article 11 (1) The status of apprentice confers on him all the rights and obligations provided by the labor law, the present law and, as the case may be, the special laws governing that occupation. ((2) The Apprentice benefits from the legal provisions applicable to other employees, insofar as they are not contrary to the status of the apprentice. + Article 12 In order to train the apprentice, the employer has the obligation to provide the apprentice with access to theoretical and practical training, as well as all the necessary conditions for the authorized training provider and the coordinator to perform the tasks in terms of training the apprentice. + Chapter IV Organisation of apprenticeships at work + Article 13 ((1) Ucenicia at work is organized for levels 1, 2 and 3 of qualification, established by the legislation in force. ((2) Ucenicia at work is organized for the qualifications established by the legislation in force and for the occupations included in the Classification of Occupations in Romania, for which there are professional training standards, namely standards occupational. + Article 14 (1) The training of the apprentice is carried out in jobs that allow the acquisition of all the competences provided by the occupational standard, namely the standard of professional training. (2) It is forbidden to use apprentices to provide other activities and/or to exercise other duties outside those who have as their object the theoretical and practical training according to the apprenticeship contract. + Article 15 The evaluation and certification of vocational training through apprenticeship at work is carried out in accordance with the legal provisions in force on adult vocational training. + Chapter V Financial support of apprenticeships at work + Article 16 ((1) The financing of vocational training through apprenticeships at work can be achieved from: a) employers ' own resources; b) sponsorships of natural and/or legal persons; c) European Structural Funds; d) unemployment insurance budget; e) other legal sources constituted: donations, taxes, etc. ((2) The employer who enters into an apprenticeship contract, during the course of the contract, may request and benefit, upon request, from 60% of the value of the social reference indicator of unemployment insurance and employment stimulation, in force, provided by Law no. 76/2002 on the unemployment insurance system and employment stimulation, with subsequent amendments and completions. (3) The provisions of par. ((2) shall not apply: a) during the trial period provided for in the apprenticeship contract; b) during the period during which the employment relationships are suspended. (4) The monthly amount provided in par. (2) shall be granted to employers in proportion to the time actually worked by the apprentice, as well as for the period of annual leave of the apprentice (5) The concrete way of carrying out the financing is detailed by the methodological norms for the application of this law. + Article 17 It does not benefit from art. 16 employers who, prior to the conclusion of apprenticeship contracts, had with the person concerned concluded other apprenticeship contracts, for the same qualification. + Chapter VI Final provisions + Article 18 (1) Employers who benefit from the provisions of art. 16 16 para. ((1) lit. c) and d) are obliged to maintain the employment relationships of the disciples throughout the period of the apprenticeship contract concluded under the conditions of this law. (2) If the apprenticeship contract ceases before the date stipulated in the contract, the employer is obliged to refund to the county employment agency, respectively the city of Bucharest the amounts collected from the budget unemployment insurance for the respective apprentice, plus the reference interest of the National Bank of Romania, in force on the date of termination of the apprenticeship contract, if its termination took place for the reasons provided in art. 55 lit. b), art. 56 56 para. ((1) lit. d) and art. 65 65 para. ((1) of Law no. 53/2003 , republished, with subsequent amendments and completions. + Article 19 Control of compliance with obligations regarding the maintenance of employment relationships concluded between apprentices and employers who benefit from amounts from the unemployment insurance budget, pursuant to art. 16, shall be carried out by the control bodies of the county employment agencies, respectively of the city of Bucharest. + Article 20 Labor inspectors have the competence to control the way of conclusion, execution, modification, suspension and termination of the apprenticeship contract in the situations and under the conditions provided by the methodological norms for the application of the provisions of this law. + Article 21 The Ministry of Labor, Family, Social Protection and Elderly, through the county employment agencies, respectively of the city of Bucharest, exercises the control of the activity of authorized training providers training for apprenticeships at work. + Article 22 Conflicts in connection with the conclusion, execution, modification, suspension and termination of the apprenticeship contract shall be resolved according to the legal provisions on labor conflicts. + Article 23 It constitutes contravention and is sanctioned by persons with control powers according to art. 20, with a fine of 10,000 lei, violation of the provisions provided in art. 5 5, art. 6 6 para. ((3), art. 7 7 para. ((1) and (3), art. 8 8 para. ((2), art. 9 9 para. ((1), (2), (4)-(6), art. 11 11, 12, art. 14 14 para. ((2) and art. 15. + Article 24 The Ministry of Labour, Family, Social Protection and Elderly elaborates and submits for approval to the Government the methodological norms *) for the application of the provisions of this law, within 90 days from the date of its publication in the Gazette Official of Romania, Part I. ----------- Note * *) See footnote from art. 6 6 para. ((9). + Article 25 State aid measures are notified by the Ministry of Labour, Family, Social Protection and Elderly, according to the legislation in force, and will be granted only after authorization, under the law. + Article 26 This law shall enter into force 120 days from the date of publication in the Official Gazette of Romania, Part I* *). ------------ Note ** **) Law no. 279/2005 was published in the Official Gazette of Romania, Part I, no. 907 907 of 11 October 2005. NOTE: We reproduce below the provisions art. II-V of Law no. 179/2013 to amend and supplement Law no. 279/2005 on apprenticeships at work, which are not incorporated into the republished form of Law no. 279/2005 and which continue to apply as own provisions of the amending act: "" Art. II. -The provisions of art. It shall enter into force 30 days from the date of publication of the present law in the Official Gazette of Romania, Part I. Art. III. -Apprenticeship Contracts concluded according to the provisions Law no. 279/2005 on the apprenticeship at work, republished, in progress on the date of entry into force of this Law, shall produce its effects until the expiry of the period for which they were concluded according to the legislation in force on the date of their conclusion. Art. IV. -Within 30 days from the date of publication of the present law in the Official Gazette of Romania, Part I, the Ministry of Labour, Family, Social Protection and Elderly will develop and submit for approval the modification and completion of the Norms methodological application of the provisions Law no. 279/2005 on apprenticeships at work, approved by Government Decision no. 234/2006 , with subsequent amendments and completions. Art. V.-Throughout the Law no. 279/2005 on apprenticeship at work, republished, the phrase "Ministry of Labour, Family and Social Protection" is replaced by the phrase "Ministry of Labour, Family, Social Protection and Elderly", and the phrase " apprenticeship contract at the place of work "is replaced by the phrase" apprenticeship contract "." --------