Employment Flash News No. 4/2017

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LEGISLATION

News concerning apprenticeship at work and the performance of internship by higher education graduates

Law no. 164/2017 for the amendment of Law no. 279/2005 concerning apprenticeship at work and of Law no. 335/2013 concerning the performance of internship by higher education graduates was published within the Official Gazette no. 544 dated July 11, 2017.

The new provisions are stating that apprenticeship is organised for the 2, 3 and 4 levels of qualification (as such are established by Government Decision no. 918/2013 regarding the approval of the National framework for qualifications), thus the duration of the apprenticeship contract will be as follows:

  • 12 months, when apprenticeship at work is organised for acquiring the competences corresponding to the level 2 of qualification;
  • 24 months, when apprenticeship at work is organised for acquiring the competences corresponding to the level 3 of qualification;
  • 36 months, when apprenticeship at work is organised for acquiring the competences corresponding to the level 4 of qualification.

Also, the amending law provides that the employer concluding an apprenticeship contract, according to Law no. 279/2005, benefits, at its request, of a sum of RON 1.125/month, for the entire period of the apprenticeship contract, granted from the unemployment insurance budget within the limits of the funds allocated to this destination.

The amendments brought to Law no. 279/2005 will enter into force after a period of 30 days since the publication of the new law, respectively on August 10, 2017, period during which the Ministry of Labour and Social Justice will issue and submit for approval the amendment and completion of Government Decision no. 855/2013 approving the Guidelines for the application of Law no. 279/2005 regarding apprenticeship at work.

As regards Law no. 335/2013, the amending law provides that the employer concluding an internship contract, according to Law no. 335/2013, benefits, at its request, of a sum of RON 1.350/month, for the entire period of the traineeship contract, granted from the unemployment insurance budget within the limits of the funds allocated to this destination.

News regarding health and safety at work

On July 4, 2017, Romanian Constitutional Court debated the unconstitutionality exception of the provisions of art. 37 para. (1) and (2) of Law no. 319/2006 – regarding health and safety at work.

Art. 37 para. (1) and (2) has the following provisions:

„(1) Not taking one of the legal measures for health and safety at work by the responsible person, in case a grave and imminent threat for producing an work accident or an occupational disease is created, represents a crime and is punishable with imprisonment from one to two years or with a fine.

(2) If the deed from para. (1) produced important consequences, such will be punished with imprisonment from one to three years or with a fine.”

The Constitutional Court ruled that the provisions of art. 37 para.  (2) of Law no. 319/2006 – regarding health and safety at work are unconstitutional, stating that the expression “important consequences” is unconstitutional.

The Constitutional Court’s decision shall be published within the Official Gazette and shall be mandatory as of that moment.

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