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Legal alert no. 1 - Government Decision for the amendment and completion of the Methodological norms for the applicability of Law no. 279/2005 regarding the apprenticeship

In this issue:

The Government Decision no. 423 of 20 June 2019 was published in the Official Gazette no. 531 of 28 June 2019

We have summarized below some of the main amendments brought to the Methodological norms for the applicability of Law no. 279/2005 regarding the apprenticeship (“Methodological Norms”).

The amendments brought to the Methodological Norms enter into force as of their publication in the Official Gazette, respectively on 28 June 2019.

Documents required for the conclusion of the apprenticeship agreement

As a novelty, a new document is required for the conclusion of the apprenticeship agreement: an affidavit on the applicant’s own responsibility stating that, over the past 2 years, no apprenticeship agreement was terminated for reasons attributed to the apprentice and he/she does not have qualification/graduation documents or professional qualification certificates, recognized nationally, in the line of work for which the respective apprenticeship is organized.

“Reasons attributed to the apprentice” means: (i) the termination of the employment agreement following the disciplinary sanctions applied to the employee due to serious or repeated breach of the disciplinary rules; (ii) termination of the employment agreement by resignation.   

Trial period

It is expressly provided that the person selected as apprentice has to be informed by the employer with respect to the trial period which is to be included in the period for which the apprenticeship agreement is concluded. 

As a novelty, the professional training services agreement (to be concluded between the employer and the service provider) is concluded after the termination of the trial period and not, as previously provided, for the entire period of the apprenticeship agreement.

The convention concluded with the territorial employment agency

As per the recent amendments brought to the Methodological Norms, in order to obtain the financial benefits regulated by Law no. 279/2005 regarding the apprenticeship (i.e., RON 2,250/ month for the entire period for which the apprenticeship agreement is concluded), the convention between the employer and the local employment agency has to be concluded within 60 days as of the expiry of the trial period provided by the apprenticeship agreement and not within 30 days, as previously stated.

Moreover, the convention template was also amended.

 

For additional information, please contact:
Dragoș Radu, Managing Partner
Andrei Ștefanovici, Senior Managing Associate – Head of Employment Practice

 

Radu și Asociații SPRL

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Email: eylaw@ro.ey.com

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