(1) By professional training is meant any training process as a result of which an employee acquires a qualification, attested by a certificate or a diploma issued in accordance with the law.

(2) Continuous professional training means any training process in which an employee, already having a qualification or a profession, completes his professional knowledge by deepening his knowledge in a certain field of the basic specialty or by learning some methods or procedures. new applied in the respective specialty.

(3) By technical training is meant any training system through which an employee acquires the procedures of application in the work process of technical and technological means.

(1) The employer is obliged to create the necessary conditions and to favor the professional and technical training of the employees who follow the training in production, improve themselves or study in educational institutions, without leaving the activity.

(2) Within each unit, a legal entity, the employer, together with the employees' representatives, draws up and approves annually the professional training plans.

(3) The conditions, modalities and duration of the professional training, the rights and obligations of the parties, as well as the volume of financial means allocated for this purpose (amounting to at least 2 percent of the unit's salary fund), are established in the collective labor contract; in the collective agreement.

(4) If the participation of the employees in the professional training courses or internships is initiated by the employer, all the related expenses shall be borne by him.

(5) In case of dismissal of the employee for a short period, for the purpose of professional training, the action of his individual employment contract continues with the maintenance of the average salary. If the respective period exceeds 60 calendar days, the individual employment contract of the employee is suspended, he benefiting from an indemnity paid by the employer according to the provisions of the collective labor contract.

(1) The employee has the right to professional training, including obtaining a new profession or specialty. This right can be realized by concluding, in written form, some professional training contracts (art. 215, 216 par. (3) and (4)), additional to the individual employment contract.

(2) Suspended)

(3) If the employee comes with the initiative of participating in a form of professional training with decommissioning, organized outside the unit, the employer will examine the written request of the employee jointly with the employees' representatives.

(4) Within 15 calendar days from the date of registration of the request, the employer shall decide under what conditions he may allow the employee to participate in a form of professional training according to paragraph (3) and whether he shall bear, in whole or in part, its cost.

(1) The professional qualification contract is a special contract, in addition to the individual employment contract, concluded in written form, based on which the employee undertakes to follow a professional training course, organized by the employer, in order to obtain a professional qualification.

(2) The professional training at unit level according to the professional qualification contract is carried out by an instructor or training foreman, appointed by the employer from among the qualified employees with professional experience and authorized in the manner provided by law.

(1) The employer has the right to conclude an apprenticeship contract with the person who is looking for a job and who does not have a professional qualification.

(2) The apprenticeship contract, concluded in written form, is a civil law contract and is regulated by the Civil Code and other normative acts.

(3) The employer has the right to conclude a continuous professional training contract with any employee of the unit.

(4) The contract of continuous professional training is concluded in written form, is an additional act to the individual labor contract and is regulated by the labor legislation and other normative acts containing norms of the labor law.

(1) The apprenticeship contract and the continuous professional training contract will include:

a) name and surname or name of the parties;

b) the indication of the profession, specialty and qualification that the apprentice or employee will obtain;

c) the obligations of the employer regarding the creation of the training conditions stipulated in the contract;

d) the term of the contract;

e) the obligation of the person to follow the professional training course and to work according to the profession, specialty, qualification obtained within the term established by the respective contract;

f) the conditions of remuneration for the work during the apprenticeship or the continuous professional training.

g) the conditions for covering (reimbursing) the expenses incurred by the parties (on the one hand) during the apprenticeship or continuous professional training in case of dismissal of the employee (art.85, art.86 par. (1) letter g) -r)) before the expiration of the term provided by the contract according to letter e).

(2) The apprenticeship contract and the continuous professional training contract may also include other clauses determined by the parties, which do not contravene the legislation in force.

(1) The duration of the apprenticeship or of the continuous professional training must not exceed, during the week, the duration of the working time established by the present code for the respective age and profession at the execution of the corresponding works.

(2) The time necessary for the apprentice to participate in theoretical activities related to professional training is included in the working time.

(3) The employees employed in the continuous professional training in the unit may be temporarily released from the work provided by the individual employment contract or may work under the conditions of partial working time or of the flexible working time regime, with the written consent of the employer.

(4) In the case of employees employed in continuous professional training, the following are prohibited:

a) work performed in difficult, harmful and / or dangerous conditions;

b) additional work;

c) night work;

d) secondment not related to professional training.

(5) The term of the apprenticeship contract, as well as of the one of continuous professional training, starts to run on the date indicated in the contract, extending with the period of the medical leave and in other cases provided by the contract.

(1) The labor legislation, including the labor protection legislation, shall apply to apprentices and employees who have concluded a contract for continuous professional training.

(2) The clauses of the apprenticeship contracts and of the continuous professional training contracts that contravene the legislation in force, the provisions of the collective agreements and of the collective labor contracts are considered null and inapplicable.

(3) The employer shall ensure, through an appropriate control, carried out jointly with the employees' representatives, the efficiency of the apprenticeship system and of any other system of staff training and their adequate protection.

The continuing vocational training contract may be terminated on the grounds provided for in this Code for the termination of the individual employment contract or on other grounds provided for by the legislation in force.

The apprenticeship contract terminates (terminates) on the grounds provided by the Civil Code.