New regulation of the graduates of higher educational institution's probation period

• Author: Aurelian Gabriel Uluitu
• Position: Associate Professor, PhD, 'Nicolae Titulescu' University of Bucharest, Faculty of Law, Private Law Department
• Pages: 21-27

LESIJ NO. XXI, VOL. 1/2014

NEW REGULATION OF THE GRADUATES OF HIGHER

EDUCATIONAL INSTITUTION’S PROBATION PERIOD

Aurelian Gabriel ULUITU*

Abstract

Romanian Labor Code – Law no. 53/2001 has stipulated from its modification in 2011 (operated by the

Law no. 40/2011), in art . 31, that the persons who had gradua ted a higher educational institution shall

be considered in probation period during the first months after th eir d ebut in profession. Those

professions in which the probation is regulated by special laws shall be exempted. The Labor Code did

not d eveloped the regulation of this kind of pr obation per iod, but it mentions tha t the modality of

performing the probation period for the gra duates of higher educationa l institutions shall be regulated

by a special law. After almost three years after the Romanian Labor Code had been modified and begun

to be applied the new normative content, the legislator enforced the regulation of the special law having

object the proba tion period of the graduates of higher educational institutions (Law no. 335/2013

regar ding the execution of the probation per iod by the graduates of higher educational institutions2).

The present pa per repr esents a juridica l analyze of the pr obation period for the gradua tes of higher

educational institutions’ normative framework.

Keywords: pr obation period, probationer , mentor, pr obation period contract, employer,

evaluation, evaluation commission

Introduction*12

It is a specific of the labor market that

the persons who entered in a specific

profession have to go through a speci fic

probation period. This probation period has

specific main purposes consisting in the

graduate’să accommodationă ată theă

professional activities he is going to perform

and the verification by the employer of the

graduate’săabilities.ă

The Romanian Labor Code – Law no.

53/2013, republished in 2011 – is regulating

two form of probation period: (1) the

principal form of pr obation period, which

represents the first stage of the individual

laboră contract’să execution,ă foră everyă

* AssociateăProfessor,ăPhD,ă“NicolaeăTitulescu”ăUniversityăofăBucharest,ăFacultyăofăLaw,ăPrivateăLawăDepartmentă

(gabi_uluitu@yahoo.com).

1 Republishedăinătheă“OfficialăGazetteăofăRomania”,ă1stăpart,ăno.ă345ăofă18ăMayă2011.

2 Publishedăinătheă“OfficialăGazetteăofăRomania”,ă1stăpart,ăno.ă776ăofă12 December 2013. The regulation will come

into force after 90 days from its publication.

employee [art. 31 paragraphs (1) – (4), art.

32-33]; (2) the specific probation period for

the graduates of higher educational

institutions [ar t. 21 p aragraphs (5) and (6),

correlated with Law no. 335/2013 regarding

the execution of the probatio n period by the

graduates of higher educational institutions).

We are referring in the present paper

only to the specific probatio n period of the

higheră educatională institutions’ă graduatesă

who go through this probation as employees.

The Labor Code exempts the probation

period for those professions which are

regulated by special la ws (as specific

professional statutes).

Theă Romaniană Laboră Code’să

provisions having object the pro bation