Contractul de ucenicie și contractul de calificare profesională – forme specifice de prestare a muncii [Articol]

Abstract

Although the Labor Code of the Republic of Moldova contains a separate chapter in title VIII called „Apprenticeship agreement and professional qualification agreement”, however o proper defitinion of such agreement types cannot be found in the provisions of law. According to art. 216 para. (2) of the Labor Code of the Republic of Moldova, apprenticeship agreement is a civil law contract that is and is regulated by the Civil Code and other normative acts. The analysis of the legal provisions, at a first sight, creates the false conclusion that this contract belongs to the civil law rule, thus it makes it impossible to treat the apprenticeship agreement according to the legal definition mentioned above, meaning as an individual employment agreement of a particular type. This contract, as a judicial nature, is also an individual employment agreement. But this one is of a particular type, because it has a complex object, that not only contains the performance of work and payment of sallary, but also, what is decisive for this contract, the professional training in a certain job, provided by the employer, whereas the employed apprentice is committing himself to attend the classes. What prevails in the apprenticeship agreement is the professional training, and not the performance of work itself, which is only the method that ensures the qualification of the concerned person. Unit-level training qualification in accordance with the agreement is performed by a professional trainer or instruction master, appointed by the employer amongst the qualified employees with professional experience and duly authorized under the law. In practice, there may be doubts and confusions between the professional qualification agreement and the apprenticeship agreement, due to certain ambiguities between the legal regulation for these types of agreements. In this regard, with this scientific article, we intend to identify common and differet elements of the apprenticeship and professional qualification agreements by taking into account their legal regulation.