Wednesday, June 1, 2016

The procedure for the recognition of the training and professional experience gained in Romania in other EU countries

The procedure for the recognition of the training and professional experience gained in Romania in other EU countries is regulated by Order no. 134/2016 of the Ministry of Labor, Family, Social Protection and Elderly People.
This Order regulates the approval of the procedure of attestation of the training and work experience for the recognition of professional experience in Romania for persons wishing to engage in certain professional activities in another Member State of the EU, EEA or the Swiss Confederation. These activities, among other things, imply the exercise of professions in the field of textile production, wood production, the beverage industry, as well as postal and telecommunication solutions.
This being said, this Order is aimed at individuals who wish to practice in another Member State of the EU, EEA or the Swiss Confederation.
The recognition of professional experience under these regulations will result in the applicant's right to access the territory of another member state of the EU, EEA or Swiss Confederation for practicing the same activities or occupations such as that for which he was qualified in Romania and to exercise the same conditions as the nationals of the EU, EEA or the Swiss Confederation where the applicant wishes to practice.
In order to obtain the certificate provided by the Order mentioned above, the applicant will have to submit a dossier containing the following documents to the registration office of the agency in the county where the applicant has the domicile or residence:
◦ the application;
◦ identity document;
◦ birth certificate;
◦ marriage certificate;
◦ affidavit made before a notary public.
These documents can be submitted personally, by mail with return receipt, as well as by email, but in the latter case the applicant must submit the original of the affidavit by mail.
Moreover, for the recognition of professional experience required in order to practice these activities in another country, the applicant will have to prove a relevant work experience for a minimum period of time, regulated in the above-mentioned Order.
According to art. 8 paragraph. (1) of the attestation procedure regulated by the Order, the documents required to prove professional experience gained as an employee are:
◦ a copy, certified by the legal representative of the employer or by a person authorized by him, of the page of the electronic register, which contains entries concerning the employee;
◦ certificates issued by employers containing the records found in the General Registry of employees: name, identification number (PIN), date of employment, job title, contract type; duties performed;
◦ the employment record book, if applicable;
◦ any other document issued by the employer, stating the work done by the applicant and seniority in the occupation for which he obtained the qualification.
Par. (2) of the same Article provides that proving the professional experience as an independent worker involves submitting the following documents:
◦ a copy of the registration certificate issued under the law;
◦ documents provided by the law, issued by the National Trade Register Office;
◦ any document showing the periods of time during which the employee actually performed the activity for which he is requesting the certificate and achieved revenues.
The application for a certificate shall be resolved within 30 days from the date of filing the complete documentation, or 15 days from the date of solving irregularities regarding the submitted documents.


For more information on the recognition of professional experience acquired in Romania in other countries of the EU, EEA or the Swiss Confederation, as well as submitting the application for obtaining the necessary certificate, do not hesitate to contact one of the lawyers within the Darie, Manea & associates law firm.