The employee refuses vocational training - what can the employer do?

Professional training is, under the Labor Code (Law No. 53/2003), both a right of the employee and an obligation of the employer. But what happens when the employee refuses to participate in the training courses or programs offered by the company? The legislation does not expressly regulate this situation, which leaves the employer in a legal vacuum that is difficult to manage.

Here’s how to correctly address a refusal and what legal consequences it may produce.

What obligations fall upon you as an employer?

According to Law No. 53/2003 - Labor Code, employers have the obligation to ensure periodic professional training for employees, depending on the number of employees: 

·         At least once every two years if you have a minimum of 21 employees;

·         At least once every three years if you have fewer than 21 employees.

Employers who are legal entities with more than 20 employees must develop and implement annual professional training plans, consulting the union or the representatives of the employees.

Training takes place during working hours - you cannot require employees to attend courses outside of work hours. The costs are fully borne by the employer, and the employee benefits from all salary rights and seniority throughout the duration of the training.

Refusal of training - a disciplinary offense or professional incompetence?

This is the key question that many employers ask themselves. The practice of courts in Romania indicates a clear trend: the refusal to undergo professional training does not generally qualify as a disciplinary offense, but rather represents an objective indication of professional incompetence.

The reasoning is simple: if the employer has fulfilled its legal obligation - provided access to platforms, courses, or specialization programs - and the employee has refused, the responsibility for future underperformance naturally transfers to the employee.

Specifically: if at the professional evaluation the employee fails not because they did not have access to information, but because they refused to train, the conditions for establishing professional incompetence are met and, implicitly, for dismissal according to Art. 61 lit. d) of the Labor Code.

WHAT DOCUMENTS DO YOU NEED TO KEEP?

Evidence is essential. Without solid documentation, any termination procedure for incompetence can be successfully contested in court. Make sure you have:

·         Proof that you offered access to training (invites, internal addresses, accessed online platforms, attendance lists);

·         The explicit or implicit refusal of the employee (e-mails, notifications, minutes);

·         The results of periodic professional evaluations, conducted under equal conditions for all employees in similar positions;

·         Evidence that the decrease in performance or quality of work is related to the lack of training, not to  other factors.

·         The evaluation procedure must not appear as a measure of pressure or discrimination, but as an objective necessity, applied uniformly, for the continuation of the company’s operations.

WHEN DOES THE ADDITIONAL ACT BECOME MANDATORY?

When the training is initiated by the employer and involves a significant investment, through an additional act

to the individual labor contract, a period is established during which the employee cannot resign. If they leave before the agreed term, they are obliged to reimburse the training costs proportionally to the remaining period, according to the Labor Code.

REFERENCE NORMATIVE ACTS

Law No. 53/2003 - Labor Code, republished, with subsequent amendments and completions:

art. 39 (employee rights), art. 40 (employer obligations), art. 61 lit. d)

(dismissal for professional incompetence), art. 194-213 (professional training)

Do you need consulting on managing situations of training refusal or in preparing

the professional evaluation procedure?

The Geseidl Consulting Group team, CECCAR Prahova leader for 18 consecutive years, can support you with tailored solutions specific to your company's needs.