Although employers are legally required to provide training to employees, these provisions are not always applied in practice, either because the employers don’t realise the importance of employee development or because they are not willing to bear the costs of such trainings.
Professional training leave paid by the employer
If the employer failed to comply with its obligation to pay for providing employee training, the employee is entitled to a paid leave of up to 10 days or 80 hours, according to the Labor Code.
The employee benefits from a compensation for training leave, which can’t be less than the basic salary, compensations and permanent bonuses due for the respective period and provided in the employment contract. Moreover, during the leave the employee can receive a higher compensation given that, according to the Labor Code, the compensation represents the daily average of salaries in the 3 months prior to the month of the leave, multiplied by the number of leave days.
For example, if according to the employment contract an employee has a gross monthly salary of 2,000 lei and he benefits from 10 days of professional training leave in the period 02.03.2015 – 13.03.2015, then to determine the compensation for the leave we have to consider:
- The month of leave:
- The daily average in the 3 months prior to the month of the leave:
Therefore, the employee will receive the higher compensation, namely 1,000 lei.
According to the Labor Code, the period in which the employee benefits from paid professional training leave is determined by mutual agreement with the employer. However, in this situation the duration of the training course will be taken into consideration.
The request for paid professional training leave must be submitted to the employer at least one month prior to the leave and has to include the date when the training starts, as well as its scope and duration, and the name of the training institution (art. 156, para. (1) of the Labor Code).
Unpaid professional training leave
As per the employee’s request, he or she can benefit from unpaid leave during professional training courses taken at their own initiative.
The unpaid professional leave can be taken either in full or split during a calendar year for graduation exams or exams needed for passing the year in higher education institutions.
The employee must ask the employer for unpaid leave at least a month before, mentioning the date when the training starts, as well as its scope and duration, and the name of the institution. The employer must grant the employee the unpaid leave for professional training, unless the employee’s absence would severely interfere with the company’s activity.
During the unpaid professional training leave the employee’s labor contract is suspended, but this period is considered work experience and is taken into consideration in determining the rights granted in relation to this.
Professional training is an effective management tool that benefits both the employee and the employer. Thus, the employee benefits from the development of professional skills, learns new skills necessary for his or her job, has increased opportunities to obtain new positions in the company, to move up the corporate ladder, to get a higher salary, to ensure job stability and has better chances to find a new job.
On the other hand, the employer benefits from increased competitiveness on the market, increase in quality of products / services, motivating and retaining employees, better performing and more efficient employees and creating a positive image in the labor market. In addition, the costs for the employees’ professional development are deductible expenses in calculating profit tax, according to the Tax Code.
Given these issues, it’s important for the employer to undestand the need for employee professional training, which must not be seen as a cost that has to be minimized, but as an investment. Investing in human resources is an essential condition for business survival in the context of an increasingly dynamic and competitive society.
Contact: Andreea Paun Payroll Supervisor firstname.lastname@example.org