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

AuthorAurelian Gabriel Uluitu
PositionAssociate Professor, PhD, 'Nicolae Titulescu' University of Bucharest, Faculty of Law, Private Law Department
LESIJ NO. XXI, VOL. 1/2014
Aurelian Gabriel ULUITU*
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
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
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
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

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