In order to facilitate the transition of higher education graduates from the education system to the labor market, the Labor Code institutes a six-month internship period, regulated through Law no. 335/2013 regarding the completion of internships for higher education graduates, with subsequent amendments. Thus, a predictable legal framework is ensured for the completion of internships and, at the same time, the integration of fresh graduates into the workforce.
The implementation of this law in practice was carried out through methodological norms, approved by Government Decision no. 473/2014. With the changes brought about by Law no. 408/2023, the implementation rules have undergone modifications and additions, provided for in Government Decision no. 240/2024.
A first change involves the elimination of provisions regarding the evaluation committee, its duties being taken over by the mentor. Therefore, the mentor must conduct an objective evaluation of the intern’s activity and suggest ways to improve their performance.
The certificate or completion certificate of the internship will be issued by the employer based on the evaluation report drawn up by the mentor, which must be completed ten working days before the end of the internship.
In addition, from the intern’s perspective, there is no longer an obligation for them to draw up the internship report, which previously included a description of the activities carried out. Likewise, their participation in the evaluation process is no longer mandatory. However, they are entitled to receive the evaluation report within a maximum of 3 working days from its completion and, if necessary, the possibility to contest it.
The intern has the right to obtain the certificate/completion certificate of the internship. The preparation of the evaluation report will no longer be done in three copies, but in two: one for the intern and one for the employer.
Internship contracts in progress on December 22, 2023, remain valid until the initially established duration, in accordance with the rules existing at the time of their signing, without being affected by subsequent changes.
Law no. 335/2013 provides that the employer who concludes an internship contract can request funding from the state for the duration of the internship contract, in the amount of 2,250 lei/month. In order to benefit from this funding, employers must go through the following steps:
➡️ Concluding the internship contracts in written form and annexing them to the employment contracts;
➡️ Concluding a special agreement at the territorial agency for workforce employment, within a maximum of 30 working days from the date of concluding the internship contract;
➡️ Submitting to the aforementioned agency the following documents: copies of the intern’s identity document, the individual employment contract, and the internship contract;
➡️ Monthly submission of a nominal table with the interns, the daily record sheet of the intern employees, and the payrolls for the respective month.
Funding is granted only for the period during which the employment relationship is active and proportional to the time worked by the intern. In case the employer terminates the intern’s employment contract, they will no longer receive the funding and will have to return the amounts received up to that moment, plus the reference interest rate of the National Bank of Romania, in force on the date of termination of the employment relationship.
However, the bureaucracy associated with signing internship contracts is a hurdle for employers. According to Ministry of Labor statistics, the number of graduates employed in internships has significantly decreased in recent years. Employers consider the process of concluding internship contracts to be bureaucratic and face lengthy and cumbersome procedures for organizing the internship period and evaluating interns. Also, they prefer interns’ evaluation to be carried out by the employer and consider direct observation of their activity, behavior, and performance to be essential for evaluation.
Although subsidies are available for professional internships, employers are discouraged by the large number of documents required to obtain them.
For further information or any additional inquiries, please do not hesitate to contact us:
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📧 Email: office@grecupartners.ro
We are here to assist and provide legal support for all your needs. We look forward to discussing with you.
Ana Maria Nistor – Attorney at Law
