Employees may be required to pay compensation related to vocational training courses if their employment relationship was terminated by agreement of the parties, if the employee and employer concluded an additional act on vocational training, which stipulates that the termination of the employment relationship by agreement of the parties entails has the obligation to pay compensation.

On the other hand, as long as the parties have not entered into such a supplemental deed or the supplemental deed does not contain such a provision, most courts rule in favor of employees, holding that the severance agreement cannot be construed as an initiative of the employee. the employee before the end of the employment relationship, and, implicitly, he is not obliged to pay compensation.

According to the current legislation, professional training can take place both at the initiative of the employer and at the initiative of the employee. If vocational training is carried out at the employer’s initiative, the costs associated with the employee’s participation in vocational training courses or internships shall be borne by the employer.

However, the employer and the employee have the possibility to terminate the individual employment contract at any time in accordance with the legal provisions, which may lead to possible unfair situations for them in the context of the participation of employees in vocational training courses.

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The article was signed by Kosmina Sima, a collaboration between D&B David and Baias SCA

Article supported by PwC Romania