THE EUROPEAN UNION
THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
THE EUROPEAN SOCIAL FUND The Sectoral Operational Program Human Resources Development 2007 – 2013 Priority Axis 3 “INCREASING ADAPTABILITY OF WORKERS AND ENTERPRISES” Key Area of Intervention 3.3 “Development of partnerships and encouraging initiatives for social partners and civil society” Project title: “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” Beneficiary: the Ministry of National Education Contract no.: POSDRU/93/3.3/S/53132
L31.3_Ghid3_Cucu_Ciuhan
Certification and Recognition Guidelines for the Social Worker Profession
Author: Prof. univ. dr. Geanina CUCU-CIUHAN Methodological Expert ANC, General Field 1
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THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
The European Social Fund POS DRU 2007-2013
Structural Instruments 2007 - 2013
Table of Contents
Introduction
3
I. Regulation status for the social worker profession in Romania and the 8 EU Member States 1.1.
Social worker profession in Europe
5
1.2.
European regulatory framework where the social worker profession is being regulated
5
II. Validation / certification procedures for competences applied by the CA in the countries where the profession(s) is / are being regulated
8 15
2.1. Attestation and certification for practicing the social worker profession in Italy
15
2.2. Attestation and certification for practicing the social worker profession in Spain
16
2.3. Attestation and certification for practicing the social worker profession in the Czech Republic
17
2.4. Attestation and certification for practicing the social worker profession in Austria
18
2.5. Attestation and certification for practicing the social worker profession in Great Britain
19
2.6. Attestation and certification for practicing the social worker profession in Denmark
20
2.7. Attestation and certification for practicing the social worker profession in the Netherlands
20
2.8. Attestation and certification for practicing the social worker profession in Germany
21
III. Processes for recognition of qualifications achieved in other EU Member States
22
3.1.
OVERALL FRAMEWORK FOR THE RECOGNITION OF QUALIFICATIONS /
REGULATED PROFESSIONS IN THE EUROPEAN UNION
22
3.2.
Recognition of social worker qualification in Italy
27
3.3.
Recognition of social worker qualification in Spain
29
3.4.
Recognition of social worker qualification in the Czech Republic
32
3.5.
Recognition of social worker qualification in Austria
33
3.6.
Recognition of social worker qualification in Great Britain
34
3.7.
Recognition of social worker qualification in Denmark
34
3.8.
Recognition of social worker qualification in the Netherlands
35
3.9.
Recognition of social worker qualification in Germany
36
IV. Practicing of the social worker profession in the European Union
38
V. Conclusions
41
Bibliography
43
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Structural Instruments 2007 - 2013
Introduction These Guidelines account for one of the results achieved by the “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” project, which is implemented by the Ministry of National Education in partnership with the National Authority for Qualifications and the Institute for Social Policies (IPS), co-financed from the Social European Fund through the Sectoral Operational Program Human Resources Development 2007 – 2013 (POSDRU). The overall scope of the “The Network of Competent Authorities for Professional Qualifications in Romania (IMI PQ NET Romania)” project consists in the creation and consolidation of the IMI (Internal Market Information) network for the professional qualifications in Romania (IMI PQ NET) for providing support to the EC initiative on the development of the Internal Market Information System, the development of a common initiative for this particular purpose at national level, being focused on the consolidation of the social partners’ (governmental agencies and organizations, professional associations) capacity to promote the sustainable development, by creating the proper tools and channels for communication and mutual consultation so that they achieve an effective communication with the similar organizations in the European Union and the European Economic Area (EEA) through the IMI platform. These Guidelines have been designed for the consolidation of the capacity of the National College of Social Workers in Romania, as a social partner in the project and the competent authority for the social worker profession, to become involved in the exchange of information mediated by the IMI platform. Moreover, these Guidelines have been prepared in order to provide support to the National College of Social Workers in Romania in its efforts to standardize the processes focused on the certification and recognition of the social worker profession through information on the practices in other 8 Member States of the European Union. Not ultimately, these Guidelines are designed to inform the Romanian citizens on the competence certification process and on the requirements and particularities of the social worker profession qualification recognition process in 8 EU Member States: Italy, Spain, Germany, Austria, the Czech Republic, the Netherlands, Denmark and Great Britain. For the development of the certification and recognition guidelines for the regulated professions, the foreign methodological experts at the National Authority for Qualifications have analyzed the sources of information at national level (in Romania), in the national legislation of the analyzed EU Member States as well as at community level (comparative studies conducted at EU level). Moreover, the experts have participated in study visits in several EU Member States where they had the opportunity to complete their research activity by exchanges of experience with Competent Authorities representatives on various regulated professions in those countries.
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The previous steps taken for the development of these Guidelines have been: the primary analysis and the elaboration of interim presentation documents on the recognition, certification and practicing of the social worker profession, the analysis of the specific legislation compatibility on the recognition and practicing of the social worker profession in Romania with the European legislation, followed by the comparative analysis of the situations in the eight Member States and the elaboration of preliminary comparative studies. The studied information sources include: the websites of the competent authorities in the social welfare field in the studied countries, the website of the National College of Social Workers in Romania, the legislation specialized websites in the studied countries and the European Commission website. Studied documents: national legislation in the Member States in these guidelines too, guidelines and studies published by the European Commission and other EU institutions, the online platform of the IMI internal market, procedures, statistics, and case studies.
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I. Regulation status for the social worker profession in Romania and the 8 EU Member States 1.1. Social worker profession in Europe In the European Union Member States, the social welfare activities and services account for a wide and diverse range of activities and services and are defined differently from one state to another. The main explanation might be linked to the historical evolution of education in the social welfare field, which is very different from one country to another. Therefore, while in some states there is a tradition regarding the higher education in the social welfare field and the profession is very well defined and regulated, in other states this field is only at the beginning. The last two decades could be described as a progressive “academicism” process for training in the social welfare field, along with the implementation of the Bologna System in the EU Member States higher education units. The social welfare’s main professional activities1 are the same in most of the EU Member States: the evaluation of the individual and of the family in terms of needs for care, living circumstances and risk management, the support given to individuals and families in relation to their social needs, counselling, planning, revision and assessment of social welfare activities, working with the justice system, taking responsibility for the individuals they work with, supervision and education, community development, legal counselling. Figure 1 graphically shows the social worker’s activities and the number of EU Member States where these activities are common.
Figure 1: The social worker’s main professional activities2 and the number of EU Member States where these activities are common
1
Hussein, Shereen, Social Work Qualifications and Regulation in European Economic Area (EEA), Social Care Workforce Research Unit, King’s College London, Commissioned by the General Social Care Council and Skills for Care & Development, November 2011. 2 Hussein, Shereen, Social Work Qualifications and Regulation in European Economic Area (EEA), Social Care Workforce Research Unit, King’s College London, Commissioned by the General Social Care Council and Skills for Care & Development, November 2011.
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Social worker mobility in the European Union The social worker profession indicates a very high level of mobility throughout the European Union. Therefore, 5639 social workers work in another EU Member State. This can be explained by the nature of this profession: to provide support for people in difficulty. A plausible cause of the professionals’ mobility could be the following: as a significant number of people in need for social welfare are immigrants, the social workers’ presence from the countries of origin to the countries where the persons have settled down might be a solution for having a connection to these people and for facilitating their social and professional integration. Table 1 shows a summarized report on the number of social workers working in an EU country other than the one where they are registered. The data have been taken from the European Commission’s website – EU Single Market – Database on regulated professions3.
Table 1: Summarized report on the social workers working in an EU country other than the one where they are registered
3
http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm
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THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR, FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU
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Structural Instruments 2007 - 2013
Figure 2 shows the first five EU countries with the highest number of social workers whose qualification has been recognized in a different Member State. The data have been taken from the European Commission’s website – EU Single Market – Database on regulated professions4.
Figure 2: The first five EU countries with the highest number of social workers whose qualification has been recognized in a different Member State
Figure 3 shows the first five EU host countries having recognized the lowest number of qualifications in the social welfare field. The data have been taken from the European Commission’s website – EU Single Market – Database on regulated professions5.
Figure 3: The first five EU host countries having recognized the lowest number of qualifications in the social welfare field
4 5
http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm
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Regarding the status of the social workers in other EU Member States, up to this moment no professional has requested the recognition of his/her qualification in Romania. The data have been taken from the European Commission’s website – EU Single Market – Database on regulated professions6. Regarding the status of the social workers in Romania whose qualification has been recognized in other EU Member States, until now 355 specialists have achieved this recognition. The data have been taken from the European Commission’s website – EU Single Market – Database on regulated professions7. Table 2 shows the status of the social workers in Romania whose qualification has been recognized in other EU Member States. We could easily see that most of the recognitions come from countries with the highest number of Romanian immigrants: France, Italy, Ireland and United Kingdom. The data have been taken from the European Commission’s website – EU Single Market – Database on regulated professions8.
Table 2: The status of the social workers in Romania whose qualification has been recognized in other EU Member States
Figure 4: The status of the social workers in Romania whose qualification has been recognized in other EU Member States
1.2. European regulatory framework where the social worker profession is being regulated The social worker profession is not being regulated in all the EU Member States and it is subject to the general provisions laid down in Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications. Although it is not being regulated at European level, the social worker profession is being regulated in some of the EU Member States and in other it is not being regulated. For this particular reason, the situation at European level is complicated and fragmented. Therefore, in six of the eight Member States 6
http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm - Statistics done on May 24th, 2013. http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm 8 http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm - Statistics done on May 24th, 2013. 7
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taken into consideration by the study, the social worker profession is being regulated (Italy, Spain, the Czech Republic, Great Britain, Austria and Germany), and in the remaining two it is not being regulated (Denmark and the Netherlands). In Romania, the social worker profession is being regulated. The laws regulating this profession are: 1. Act no. 200/2004 on recognition of degrees and professional qualifications for the regulated professions in Romania 2. Act no. 117/2008 3. Act no. 466/2004 on the social worker’s status Resolutions made by the National College of Social Workers in Romania 1. Resolution on granting level of competence for the social workers 2. Social worker profession deontological code 3. Resolution for amendment and completion of the Rules for the organization and functioning of CNAS 4. Resolution on the registration of people mentioned by Article 34, paragraph (2) in the Act no. 466/2004 on the social worker’s status in the National College of Social Workers records 5. Rules for the organization and functioning of CNAS 6. Resolution for the approval of the rules on the social workers’ continuous training The National College of Social Workers has the following duties: it approves and issues the free practice certificate for the social worker, it prepares the continuous training programs in the social welfare field and it issues the approvals laid down in Act no. 466/2004. The conditions for the practicing of the social worker profession in Romania are: a) to be a Romanian citizen; b) the citizens in the Member States of the European Union, of the other states in the European Economic Area and of the Swiss Confederation; c) a citizen of the third countries with which Romania has signed bilateral reciprocity agreements and who have temporary or permanent residence in Romania. The social worker title may be held by: -
a person having been awarded the bachelor’s degree from a higher education institution specialized in the field, the long-term form of education of 4 years, which is accredited under the law;
-
a person holding a graduation degree issued by a higher education institution specialized in the field, the short-term form of education of 3 years, which is accredited under the law;
-
a person holding a social worker diploma validated under the law;
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a person holding a social worker diploma issued or recognized in any of the EU Member States, in any of the states of the European Economic Area or in the Swiss Confederation. I. In order to receive the approval for practicing the social worker profession:
a) registration application for the issue of the approval for the practicing of the profession; b) the photocopy of the ID Card; c) a legalized copy of each degree indicated by Article 2 paragraph (2) in Act no. 466/2004 on the social worker’s status, i.e.: 1. the bachelor’s degree issued by a higher education institution specialized in the field, the long-term form of education of 4 years, which is accredited under the law; 2. the graduation degree issued by a higher education institution specialized in the field, the short-term form of education of 3 years, which is accredited under the law; 3. the social worker diploma validated under the law; 4. the social worker diploma issued or recognized in any of the EU Member States, in any of the states of the European Economic Area or in the Swiss Confederation. d) an affidavit confirming that the person is not the subject of any interdiction / incompatibility laid down in Act no. 466/2004 on the social worker’s status; e) the certificate of criminal record, in original; f) a medical certificate in original; g) the proof that the person meets the condition for his/her seniority in the social welfare field (a copy of the employment record, of the job description, of a certificate issued by the employer); h) the Resume in original; i) the proof that the person has paid the file analysis fee amounting RON 112.5 – it may be paid into the account no. RO56 RNCB 0075 0352 4057 0001 opened at BCR Sucursala Sector 4 or RO38 RZBR 0000 0600 1203 7312 opened at Raiffeisen Bank, Agentia Piata Romana Bucuresti; j) hooking plastic folder. II. In order to receive the social welfare free practice certificate: The social workers having received the approval for the practicing of the social worker profession – the degree of senior competence may request the free practice certificate according to Act no. 466/2004 and the Rules for the organization and functioning of the National College of Social Workers, with current amendments. The period of time worked – following the enactment of Act no. 466/2004 – as practice in the social welfare filed by the people who, prior to the enactment of the Resolution no. 8 issued by the Executive Office of CNASR for the awarding of the professional competence degrees to social workers, published in the Romanian Official Gazette, no. 315/6.V.2011, had not applied for their registration in the National
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College of Social Workers, shall not be taken into account for the determination of the minimum period of time required for the issue of the free practice certificate. In order to receive the free practice certificate, the social worker has to prove that he/she has carried out the social welfare activities for at least 5 years without any interruption, since the date when he/she was awarded the title of social welfare graduate and 5 years since his/her registration in the RNASR. The necessary documents for the issue of the free practice certificate are the following: a) an application for the issue of the free practice certificate; b) the proof that the profession has been practiced in any of the profession practicing forms – a photocopy signed by the holder as being consistent with the original (a certificate issued by the employer according to the form, a copy of the employment record, a copy of the employment contract); c) a letter indicating why the person wants to receive the social welfare free practice certificate; d) recommendations from 3 major social workers who are registered in the National Register for Social Workers in Romania; e) the Resume in europass format; f) the proof that the person holds the senior social worker title (a copy of the approval for the practicing of the senior social worker profession); g) the proof that the person has paid the fee for the analysis of the free practice certificate application amounting RON 112.5 – it may be paid into the account no. RO56 RNCB 0075 0352 4057 0001 opened at BCR Sucursala Sector 4 or RO38 RZBR 0000 0600 1203 7312 opened at Raiffeisen Bank, Agentia Piata Romana; h) the membership contribution paid up to date. The authorization procedure: The social worker is allowed to carry out his/her activity only after the approval of the application for becoming a member in the College of Social Workers. The approval of the application automatically leads to the registration in the National Register for Social Workers in Romania and to the issue of the approval for the practicing of the profession. The Commission for Professional Approval and Attestation of the National College of Social Workers analyzes the applications for the approvals for the practicing of the social worker profession, the applications for the issue of the social welfare free practice certificates, as well as the applications for the registration certificates covering the freelancing forms of practicing the social worker profession and it recommends the Executive Office to issue them. Based on the decision made by the Executive Office, the Commission for Professional Approval and Attestation may schedule interviews with the applicants for the approvals for the practicing of the social worker profession or the social welfare free practice certificates. Following the analysis of the documents
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filed and the interviewing of the applicant, the Commission for Professional Approval and Attestation recommends the Executive Office to grant one of the competence degrees: junior social worker, practitioner social worker, specialist social worker, senior social worker, which shall be registered in the approval for the practicing of the social worker profession and the free practice certificate respectively. The logical authorization diagram is shown in Figure 5.
Figure 5: Logical authorization diagram for the social worker profession in Romania
Title granted: -
approval for the practicing of the social worker profession with the registration of the competence degree
-
social welfare free practice certificate Fees:
a) the fee for the analysis of the application / file for the issue of the approval for the practicing of the social worker profession – RON 112.5; b) the fee the analysis of the application / file for the issue of the social welfare free practice certificate – 112.5; c) the fee the analysis of the application / file for the issue of the certificate for the fulfilment of duties as a social worker – 112.5; d) the fee for the issue of the approval for the practicing of the social worker profession – RON 75; e) the fee for the issue of the social welfare free practice certificate – RON 75; f) the fee for the issue of the certificate for the fulfilment of duties as a social worker – RON 75 * (it applies to the people indicated by Article 34, paragraph 2 in Act no. 466/2004 on the social worker’s status); g) the fee for the issue of the international recognition certificate – RON 75; Register for the recording of specialists: the Register for Social Workers in Romania.
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The comparative analysis of the social worker profession in Romania and in the 8 EU Member States in the study is given in Table 3.
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
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Table 3: Comparative analysis of the social worker profession in Romania and in the 8 EU Member States in the study Romania Are there regulated professions in the social welfare field? (Yes/No) Regulated professions in the social welfare field
Competent authority for the regulated professions in the social welfare field
Activities (fulltime or parttime) of professions in the social welfare field
the evaluation of the individual and of the family in terms of needs for care, living circumstances and risk management the support given to individuals and families in relation to their social needs counselling planning, revision and assessment of social welfare activities working with the justice system taking
yes Social worker
National College of Social Workers
The social worker has exclusiveness in all the activities
Germany Yes
Austria yes
Great Britain yes
Graduate social worker House and family caretaker Social worker Zentralstelle für ausländisches Billdungswesen – the Central Office of Study Abroad
Graduate social worker
Social worker Child caregiver
Land Chambers
The social worker has exclusiveness in most of the activities
The social worker has exclusiveness in most of the activities if he/she works as a public officer
Northern Ireland Social Care Council Scottish Social Services Council Care Council for Wales Health and Care Professions Council The social worker has exclusiveness in most of the activities
the Netherlands No
Spain
Italy yes
yes
the Czech Republic yes
Denmark
Professions included in the Occupational Classification: social worker -
Professions included in the Occupational Classification: social worker -
Social welfare graduate
Social worker Junior social worker
Social worker Healthcare social worker
Ministero de Trabajo y Asuntos Sociales – the Ministry of Labor and Social Affairs
Ministero della Giustizia, Direzione Generale della Giustizia civile, Libere Professioni – the Ministry of Justice, the General Department for Civil Justice, liberal professions
Ministerstvo práce a sociálních věcí – the Ministry of Labor and Social Affairs
The activities are reserved for the professionals whose names are recorded in the register
The social worker has exclusiveness in most of the activities
The social worker has exclusiveness in most of the activities
The social worker has exclusiveness in most of the activities
no
The activities are not exclusively designed for the social worker
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE Č˜I PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
responsibility for the individuals they work with supervision and education community development legal counselling Training at academic level and whose main segment is the social welfare (minimum 3 years) or training at post-academic level in social welfare (minimum 2 years). Competences Independently, Independently, Employee in Independently, Independently, Independently, Independently, Conditions for practicing the individual Employee in the public Employee in the Employee in the Employee in the Employee in the profession offices, offices in public sector, administration public sector, public sector, public sector, public sector, association, civil employee in the employee in the employee in the employee in the employee in the professional private sector private sector, private sector private sector private sector societies, public NGOs officer, NGOs The general recognition procedure Recognition system according to Directive 2005/36/EC Qualification level according to Directive 2005/36/EC
Independently, Employee in the public sector, employee in the private sector
Employee in public administration, NGOs
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
II. Validation / certification procedures for competences applied by the CA in the countries where the profession(s) is / are being regulated 2.1. Attestation and certification for practicing the social worker profession in Italy The attestation for the practicing of all liberal professions in Italy is done based on a state exam. The competent authority for the social worker and junior social worker professions is the Ministry of Justice. The Order of Social Workers is the professional body managing the register of professionals having the right to practice both the social worker profession – it includes Section A and Section B. The people registered in Section A holds the specialist social worker professional title, and the people registered in Section B hold the social worker professional title. The registration in the Professional Register of Social Workers is accompanied by the decisions: -
Section for specialist social workers
-
Section for social workers Attestation procedure A. Section A – the specialist social worker profession Documents necessary for applying for the state exam in order to receive the social worker title: 1. The specialist diploma class 57/S – Programming and management of social policies and services, in original, a legalized copy or copies of the document. 2. The proof of having paid the fee for the entrance examinations amounting Euros 49.58 indicated by Article 2, paragraph 3 in the Decree issued on December 21st, 1990 by the Chairman of the Council of Ministers, with any current amendments. 3. The applicants also have the obligation to pay a fee established by each university pursuant to Article 5 in Act no. 24 / December 1993, 537. The proof has to be attached to the documentation mentioned above. 4. The documentation referring to the contents of the academic training program is included in the candidate’s file by the competent offices of the universities of the higher education institution where the candidate applied for taking the state exam. The state exam for Section A – the specialist social worker consists in:
1. a hands-on test based on the following topics: theory and methods for planning, organization and management of social services; research methods in the field of social services and policies; analysis methods for evaluation and supervision of social welfare services and policies;
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
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2. a written applicative test based on the following topics: the evaluative analysis of a case for planning and management of social services; debate and presentation of plans or programs for achieving the strategic objectives defined by the examination commission; 3. an oral test based on the following topics: debate based on the written works; theoretical and practical arguments referring to related activities carried out during the practice stage; professional legislation and deontology. B. Section B – social worker profession Documents necessary for applying for the state exam for receiving the social welfare title: -
Diploma class 6 – Social Service Sciences The state exam for Section B consists in:
1. a hands-on test based on the following topics: theoretical and applicative aspects of the disciplines in the social services field; principles, bases, methods, professional techniques of the social services, identification and treatment of a social protection case; 2. a written applicative test based on the following topics: social policy principles; principles and methods for organization and provision of social services; 3. an oral test based on the following topics: professional legislation and deontology; debate based on the written works; a critical examination of the activity carried out by the candidate during the professional practice stage; 4. a hands-on test based on the following topics: analysis, discussion and presentation of proposals and solutions for a case proposed by the commission from the topics indicated at point 1.
2.2. Attestation and certification for practicing the social worker profession in Spain The social worker profession is being regulated in Spain. The legislative framework for the regulation of the social worker profession in Spain: 1. REAL DECRETO 183/2008, de 8 de febrero, establishing and classifying the specializations in the health science field and the determination of various aspects comprising the medical specialty training system; 2. Directive 2005/36/EC of the European Parliament and of the Council of September 7 th, 2005 on the recognition of professional qualifications; 3. Act no. 44/2003, de 21 de noviembre, for the regulation of sanitary professions The national professional association of the social workers in Spain is the General Council of Social Workers (El Conselji General del Trabajo Social). Most of the social workers in Spain work in the social services public system. This makes the social welfare activity subject mainly to the regulations applicable in the local administrative system and to certain
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
clear legislative regulations on the practicing of the profession. For this particular reason, in Spain there is still a system regulated by the law, which provides access to the social worker profession. At this moment, the General Council of Social Workers is making efforts in order to implement a deontological code for the social worker profession in Spain and for the criteria to be fulfilled for having access to this profession9.
2.3. Attestation and certification for practicing the social worker profession in the Czech Republic In the Czech Republic the social worker profession is a regulated profession, and the competent authority is the Ministry of Labour and Social Affairs10. Moreover, the second profession – i.e. the health social worker profession – is being regulated and the competent authority for this profession is the Ministry of Health11. The social worker. The social worker’s role is to help people solve their difficult social status, to plan the social welfare activities, to monitor and assess the social services provided. The social worker works directly with the target group, he/she maintains and assesses the plans for the users of this service. Moreover, he/she provides social and legal counselling for the application of the social actions and many times he/she works with health care professionals. The legislation regulating the social worker profession social is: statutory to law No. 108/2006 Coll. Minimum conditions for certification: a) the superior vocational school diploma issued in the social welfare and social pedagogy fields, social and humanitarian welfare, social welfare or legal social and charity activity. b) the academic bachelor / master / doctoral degree – the Diploma in the social welfare field, social policies, social pedagogy, social welfare, social pathology, special law or pedagogy c) an accredited training course in the fields a), b), with a duration of minimum 200 hours and a practical experience as a social worker for minimum 5 years. Way to apply for certification in the Czech Republic: The medical social worker is a non-medical professional in the medical field providing preventive care, diagnostic and rehabilitation services in the medical social welfare field. Moreover, a medical social worker has to be part of the medical services provided to patients in relation to their social needs. The legislation regulating the medical social worker is: Act No. 96/2004 Coll., Article 10.
9
http://cgtrabajosocial.com/files/5244g68hj5s24/el_trabajo_social_ante_la_reforma_de_la_administracion_local.pdf Ministerstvo práce a sociálních věcí Na Poříčním právu 1, 128 01 Praha 2, fax: +420 224 918 391, phone: +420 221 921 111, email: posta@mpsv.cz, web: www.mpsv.cz 11 Ministerstvo zdravotnictví Náměstí Palackého 4/375, 128 01 Praha 2 , fax: +420 224972111 phone: +420 224971111, email: mzcr@mzcr.cz, web: www.mzcr.cz 10
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Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
Minimum conditions for certification: a) an accredited bachelor or master program focused on social services or a qualification course accredited for medical social workers, b) at least one cycle of studies lasting for 3 years in the social services field at a professional college and an accredited qualification course for medical social workers, or c) specialized studies in the medical social welfare field following the attainment of the professional qualifications as a nurse.
2.4. Attestation and certification for practicing the social worker profession in Austria The social worker profession is being regulated in Austria for providing access to the public positions and the official title is of Graduate social worker. The competent authority is: Bundesministerium für Wirtschaft, Familie und Jugend – the Federal Ministry for Economy, Family and Youth12. There is no national law regulating the social worker profession in Austria. The lands have different laws regulating the social welfare and they only refer to the social workers working as public officers. They are: -
For the Vienna province – The law on youth welfare (Gesetz betreffend die Jugendwohlfahrt13);
-
For the Burgenland province – The Services Act (Burgenlandisches Landesbeamten ‐ Dienstrechtsgesetz 1997); The law on youth welfare (Burgenlandisches Jugendwohlfahrtsgesetz);
-
For the Lower Austria (Niederosterreich) province – The law for the state institutions officers14; The public officers law15; NO Bewertungs‐ und Referenzverwendungsordnung vom 4.2. 2008;
-
For the Upper Austria (Oberosterreich) province – The law on youth welfare (Oö. Jugendwohlfahrtsgesetz 1991); The social welfare law (Oö. Sozialberufegesetz); The public officers law (Oö. Landes ‐Vertragsbedienstetengesetz); The law of the state regional institutions in Upper Austria (Oö. Landesbeamtengesetz 1993); The law on municipal services and staff waging (Oö. Gemeind‐Dienstrechts und Gehaltsgesetz 2002);
-
For the Salzburg province – The rules on granting social housing to youth (Jugendwohlfahrts ‐Wohnformen ‐Verordnung LGBl Nr. 55/2000); The rules on children and youth welfare in the Salzburg province (Salzburger Kinder und Jugendwohlfahrtsordnung 1992; Salzburger LandesBeamtengesetz 1987);
-
For the Steiermark province – The law on the rights and remuneration granted to the Steiermark state employees (Gesetz über das Dienst und Besoldungsrecht der Bediensteten des Landes Steiermark 2003); The law on youth welfare (Steiermärkisches Jugendwohlfahrtsgesetz 1991);
12
Contact details: Stubenring 1, Abteilung I/, 31010 Wien, Phone: +43-1 71100, Fax: +43-17142718, Email: irene.linke@bmwfj.gv.at, URL: www.bmwa.gv.at. 13 Wiener Jugendwohlfahrtsgesetz 1990 -‐ WrJWG 1990 14 DIENSTPRAGMATIK DER LANDESBEAMTEN 1972 (DPL 1972) 15 Landes ‐ Vertragsbedienstetengesetzes, LGBl. 2300–40
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
For the Tirol province – The law on state regional institutions (Landesbeamtengesetz 1998); The law on contracted staff (Landes Vertragsbedienstetengesetz L‐VBG 2001); The province law on educational and social facilities and life support for the underage (Sozialpädagogische Einrichtungen und Einrichtungen des betreuten Wohnens für Minderjährige, Richtlinien, LGBl. Nr. 63/2010; Tiroler Jugendwohlfahrtsgesetz 2002);
-
For the Karnten province – The law on youth welfare (Karntner Jugendwohlfahrtsgesetz K-JWG 1991);
-
For the Vorarlberg province – The law on youth welfare (Gesetz über die öffentliche Jugendwohlfahrt). The social welfare title is not being protected in Austria and this is why the social workers are not
obligated to register. There is a professional association of social workers – the Professional Association for Social Workers in Austria16, but it is not regarded as a competent authority. There is no institution accrediting the qualification as a social worker in Austria.
2.5. Attestation and certification for practicing the social worker profession in Great Britain The social worker profession is being regulated in Great Britain. The competent authorities vary for England, Scotland, Wales and Northern Ireland, and their contact details are shown in Table 3: Phone: +44 (0) 28 9041 7600 7th Floor, Millenium House, 19-25 Great Victoria Street Fax: +44 (0) 28 9041 7602 BT2 7AQ Belfast URL: http://www.niscc.info 11, Riverside Drive Phone: +44 0845 60 30 891 Scottish Social Services Council DD1 4NY Dundee URL: http://www.sssc.uk.com Phone: +44 0845 070 0399 Registration Team, Southgate House, Wood Street Care Council for Wales Fax: +44 029 207 80660 CF10 1EW Cardiff URL: www.ccwales.org.uk Phone: +44 207 582 0866 Park House, 184 Kennington Park Road Health and Care Professions Council Fax: +44 207 820 9684 SE11 4BU London URL: www.hcpc-uk.org Table 3: The competent authorities for the social worker profession in Great Britain and their contact details Northern Ireland Social Care Council
In England, the competent authority for the social worker profession is the General Social Care Council. All the social workers have to be registered at this body and to maintain their registration in order to be allowed to practice their profession. The main condition for registration is the graduation of an academic bachelor program of minimum 3 years in the social welfare field or of a post-academic program in this field, lasting for minimum 2 years.
16
Österreichischer Berufsverband der SozialarbeiterInnen (http://www.sozialarbeit.at)
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
Since April 1st, 2005 the social worker title has been protected in England by the law17, and this mean that the people who are not registered at the General Social Care Council cannot make use of the social worker title. The registration has to be renewed every 3 years and the minimum condition is the accumulation of at least 90 hours (15 days) of continuous training. Moreover, in Great Britain there is also another regulated profession in the social welfare field – childminder. For a person to be a childminder he/she has to hold a secondary level competence certificate. The competent authorities for this profession are: -
the Early Years Directorate18 (OFSTED)
-
the Care and Social Services Inspectorate for Wales19.
2.6. Attestation and certification for practicing the social worker profession in Denmark In Denmark the social worker profession is not being regulated. There is a professional association recognized at national level, i.e. the Danish Association for Social Workers20, but this is not regarded as a competent authority, and the registration in this association is not mandatory for the practicing of the profession. For the practicing of the social worker profession in Denmark, the person has to hold a bachelor’s degree in the field, with minimum 210 transferable credits (ECTS). Moreover, at least four months of handson activity have to be attained under supervision and this activity has to be carried out during the bachelor education stage.
2.7. Attestation and certification for practicing the social worker profession in the Netherlands The social worker profession is not being regulated in the Netherlands. The social workers have to be registered in the National Registry for Social and Welfare Workers21. The registry is divided into two chambers: the social workers chamber and the welfare workers. There are two types of registration: -
Temporary – based on the degree
-
Executive – based on the degree and the professional background
17
Article 61, Care Standards Act 200 for England and Wales, http://www.legislation.gov.uk/ukpga/2000/14 Ofsted, Alexandra House, 33 Kingsway WC2B 6SE London Phone: +44 0161 618 8610 URL: ofsted.gov.uk 19 Cathays Park CF10 3NQ Cardiff Phone: +44 01443 848450 Fax: +44 029 2082 3417 URL: www.cssiw.org.uk 20 http://www.socialrdg.dk/ 21 Beroepsregister van Agogen en Maatschappelijk Werkers 18
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Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
There is also another registry – that of the Danish Association of Social Workers22, which is also the most powerful professional association in the Netherlands, with more than 4000 members. The Danish Association of Social Workers is not a competent authority. The registration and renewal of the registration is done based on a process for the assessment of the education and professional experience. The regarding is renewed every five years. In the Netherlands registration is an official accreditation body in the social welfare field – the Accreditation Organization of the Netherlands and Flamands23, which includes an online system for the verification of accreditations granted to education institutions in the social welfare field.
2.8. Attestation and certification for practicing the social worker profession in Germany In Germany there are three regulated professions in the social welfare field: -
Graduate social worker – with academic studies
-
House and family caretaker – holding a certificate attesting the graduation of a secondary training course
-
Social worker – holding a certificate attesting the graduation of a secondary training course The competent authorities vary for each of the 16 lands and the recognition is coordinated by the
Central Office of Study Abroad24. The social worker titles approved by the state25 and the social pedagogue title26 approved by the state are being protected in Germany. The social worker has the obligation to register his/her name at the competent authority in the respective land before being allowed to practice his/her profession. There are no differences regarding the registration procedure and requirements in the German lands. For registration purposes, the person should hold the bachelor’s degree in the relevant specialization or the training graduation certificate and he/she has to fulfil certain minimum criteria regarding the continuous training: he/she has to know the professional ethics principles established by the German Professional Social Welfare Association27 and the implementation of management and quality assurance principles. These two additional criteria are not applied in all the German lands and they rather depend on the institutions where the social workers are employed.
22
Nederlandse Vereniging van Maatschappelijk Werkers (NVMW) http://nvao.com/ 24 Zentralstelle für ausländisches Billdungswesen, Lennénstr. 6, 53113 Bonn, Phone: +49.228.501.0, Fax: +49.228.501.229, Email: zab@kmk.org 25 Staatlich anerkannter Sozialarbeiter 26 Staatlich anerkannter Sozialpädagoge 27 DBSH Office Berlin (association office), Rungestraße 22-‐24, 10179 Berlin. Website: http://www.dbsh.de/ 23
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
Processes for recognition of qualifications achieved in other EU Member States
3.1. Overall framework for the recognition of qualifications / regulated professions in the European Union Throughout the European Union there are clear instruments favouring the transfer of qualifications and competences for academic or professional purposes. The scope of their implementation is the citizens’ right to free movement, more precisely the right to practice a professional activity or to attend training courses in a Member State. There are two types of such instruments: the qualification recognition system for regulated professions and instruments meant to provide the visibility of competences and qualifications at European level: Europass and the national reference points for professional qualifications. Each Member State includes two information points, i.e.: the National Reference Point de Professional Qualifications and the ENIC-NARIC Network. A person who studied in an EU Member State may ask for recognition in another EU Member States in order to continue his/her studies or to practice his/her profession. The recognition bodies in each country are responsible for the recognition of the qualifications. There are two types of “international” recognition:
Academic Recognition, which allows the person in question to attend or to continue his/her studies in order to be allowed to make use of a national title or degree in the host country based on the title or degree obtained in his/her country of origin;
Professional Recognition referring to the evaluation methodologies and procedures for having the right to practice the profession / occupation. The academic recognition and the professional recognition have different objectives and in most of
the EU countries they are approached differently and via different instruments. Each of the EU countries has its own system of regulated professions. Therefore, a profession may be regulated in an EU Member State and it may not be regulated in another. In the country where the profession is not being regulated, the applicant has to apply for the academic recognition in order to be allowed to practice his/her profession while in the country where the profession is being regulated he/she has to apply for the professional recognition. The social worker profession is being regulated in some of the EU Member States while in other it is not. This often leads to unjustified obstacles in the way of the professionals who want to practice their profession as social workers in another EU Member State.
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
The recognition of the social worker qualification in Romania The Rules for the organization and functioning of the College of Social Workers in Romania, Official Gazette 256 of March 23rd, 2012. I. Practicing of the social worker profession in Romania by foreign citizens as freelancers or as employees: The social worker profession may be practiced in Romania by citizens of the EU Member States, of the other states in the European Economic Area and of the Swiss Confederation, as well as by citizens of third countries with which Romania has already signed bilateral reciprocity agreements if they latter hold documents issued by the Romanian competent authority confirming that they obtained the right to live in Romania. The citizens of the EU Member States, of the European Economic Area and of the Swiss Confederation pot practice their profession as social workers as freelancers or as employee and the recognition of their degrees is done according to the provisions applicable to the recognition of higher education degrees granted for a minimum 3-year training form of education as laid down in Act no. 200/2004, with current amendments and completions. The social workers who are citizens of the EU Member States, of the European Economic Area and of the Swiss Confederation, who practice their profession as social workers in Romania have – for practicing their profession – the same rights and obligations as the Romanian social workers who are members in the College. In order to practice their profession as freelancers or as employees, the citizens of a Member State of the European Union, of a state in the European Economic Area or of the Swiss Confederation, who live in Romania, have the obligation to enrol in the College, under the legal provisions. The enrolment in the College and the issue of the approval for the practicing of the profession shall be done only for people who fulfil the conditions stipulated by the law for the practicing of the profession and who hold the documents certifying their right to be residents in Romania, documents that are issued by the Romanian competent authority. The College shall provide the professional recognition of the degrees held by citizens in the EU Member States, in the European Economic Area and in Switzerland for being allowed to practice their profession as social workers. These provisions also apply to the degrees obtained by Romanian citizens in any of the EU Member States, in the states of the European Economic Area and of the Swiss Confederation. Necessary documents: The professional recognition is done based on an application filed at the College; the application has to be accompanied by the following documents:
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
a) the study document / the professional competence certificate / the document confirming the applicant’s professional experience, in legalized copy and authorized translation; b) the authenticity certificate referring to the study document, which is issued by the issuing higher education institution – in original or in legalized copy and authorized translation; c) appendix to the study document (official transcript or diploma supplement), in legalized copy and authorized translation; d) personal identification documents (passport or ID Card), in copy, as well as the proof for having changed the name, if the name on the diploma is no longer the same as the one in the ID Card, in legalized copy and authorized translation; e) documents issued by the competent authorities in the Member State of origin or provenience, indicating that the applicant has not been criminally convicted or that his right to practice his/her profession as a social worker has not been suspended, in legalized copy and authorized translation filed within maximum 3 months since the issue of these documents. (3) The recognition is done through a BEX decision upon the proposal forwarded by the Commission for Professional Approval and Attestation, within maximum 3 months since the submission of the complete file by the applicant. If the recognition is approved, the BEX decision shall also indicate the necessary comments regarding the issue of the approval for the practicing of the profession by the applicant and his/her registration in the National Register for Social Workers in Romania. II. Practicing of the social worker profession in Romania by foreign citizens as part of service provision activities The temporary and occasional feature of the service provision activities is evaluated per case, especially with reference to the provision duration, frequency, periodicity and continuity. The social worker profession may be practiced as part of the service provision activities by citizens in a Member State of the EU, in a state of the European Economic Area or of the Swiss Confederation, who practice their profession as social workers in any of these states and who hold a document issued by the recognized professional bodies or by the public authorities certifying the legal practicing of the profession in the state where they live. These people are not requested to become members in the college, to obtain the approval for the practicing of the profession / the free practice certificate when they carry out – in Romania – activities specific to the social worker profession as part of the service provision activities. Necessary documents: The people who are part of this category have the obligation to present and submit at the National College of Social Workers an application accompanied by the following documents, in legalized copy and authorized translation:
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Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
a) a document issued by the professional bodies / public authorities certifying the legal practicing of the profession in the state where they live and confirming that they are not prohibited from practicing their profession, in legalized copy and authorized translation; b) a statement on the information referring to the insurance coverage or other means of personal or collective protection for their professional liability (to be renewed once a year if the provider wants to provide services in Romania during that year); c) the proof indicating the professional qualifications; d) a statement regarding the services provided; e) passport or ID Card; f) a statement on the temporary or occasional performance of the activity. (2) The temporary performance of the activity covers a definite period of time that has to be indicated. (3) The application and the relevant documents have to be approved by BEX, which shall decide on the registration of the persons in question in the National Register for Social Workers in Romania during the provisions of the services. (4) If the applicants providing services for the first time, the provider’s professional qualifications shall be verified regarding their conformity with the provisions laid down in Act no. 200/2004, with current amendments and completions. These verifications shall be done by the Commission for Professional Approval and Attestation. (5) The people providing temporary services shall be temporarily registered in an annex of the National Register for Social Workers in Romania and they shall receive a certificate during the provision of the services indicated in the applicant’s request. The certificate shall be a standard form at national level and it shall be signed by the President of the College of Social Workers in Romania. The social worker is allowed to carry out his/her activity only after the application for becoming a member in the College is approved. The approval of the application automatically leads to his/her registration in the National Register for Social Workers in Romania and to the issue of the approval for the practicing of the profession. In order to receive his free practice certificate, the social worker: a) has to prove that he/she has provided social welfare services for at least 5 years prior to the submission of his/her application; b) should not be considered guilty by the College in an investigation on the social welfare practices; c) has to submit at the College: the application accompanied by his/her Resume, a motivation letter and recommendations from 3 social workers.
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
SOLVIT SOLVIT is a problem solving network within which the EU Member States cooperate without using legal procedures in order to solve the problems arising due to the inappropriate application by the public authorities of the legislation regarding the internal market. In each of the EU Member States there is a SOLVIT centre providing these services free of charge. It deals with the cross-border problems between an enterprise or a citizen (on one hand) and a public authority (on the other hand) where there is the possibility that the community legislation was incorrectly applied. The fields where the problems are very frequent and where there are complaints to be treated via SOLVIT are as follows: the professional recognition of qualifications and diplomas / degrees; the access to education; residency permits; the rights to vote; the social security; the rights to occupy a position; the driver’s licenses; the registration of motor vehicles; the border control; the access of products to the market; the access of services to the market; settling down as an independent; public procurements; taxation; the free movement of capitals and payments. In each of the EU Member States there is a SOLVIT centre28 providing these services free of charge. Any complaint sent via SOLVIT is solved by following four stages: Stage 1 – the acceptance of the case based on the verification of the action legality and if the documents included in the application by the centre of origin are not sufficient, additional documents are requested; Stage 2 – the receipt of the solution: the competent authority involved in the filed case is contacted and cooperates so that the proper solution is found pursuant to the European legislation; Stage 3 – the proposal of the solution (implemented or not), which has to be real, practical and consistent with the European legislation; Stage 4 – the monitoring of the solution if it was not implemented when making the proposal – a case is deemed as having been solved only when the solution is implemented and solves the applicant’s problem. The EU Member States have to intensify their efforts in order to make sure that the individuals and companies can effectively make use of their rights related to the unique market, guaranteeing an effective application and the execution of the legislation regarding the unique market by the national courts by providing high-quality e-governing information, instruments and procedures, as well as by making investments into mechanisms designed for quick solving of problems. The SOLVIT potential is still insufficiently exploited as a key instrument for solving problems at national / European level, partly because of the insufficient number of employees working for the various SOLVIT centres and at the same extent due to the insufficient information of the European citizens on the competences of these centres. The SOLVIT Centres in the eight Member States included in these Guidelines are:
28
In Romania the contact details for the SOLVIT Centre are: Guvernul Romaniei, Departamentul pentru Afaceri Europene, Bvd. Aviatorilor nr. 50A, Sector 1, Bucuresti 011854, Romania, Tel.:+4021.308.53.60, Fax:+4021.318.55.24, E-mail: solvit@dae.gov.ro
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Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
SOLVIT Italy: Presidenza Consiglio Ministri, Dipartimento Politiche Comunitarie, Piazza Nicosia 20, IT 00186 Roma, Tel. +39 06 677 95 844, Fax. +39 06 677 95 044, solvit@palazzochigi.it SOLVIT the Czech Republic: Odbor vnitřního trhu a služeb EU, Ministerstvo průmyslu a obchodu, Na Františku 32, CZ - 11015 Praha 1, Tel. +420 22 422 1701, Fax. +420 22 485 3079, solvit@mpo.cz SOLVIT Denmark: Danish Business Authority (Internal Market Centre), Langelinie Allé 17, DK - 2100 Copenhagen, Tel. +45 35 46 62 00 (the hotline), Tel. +45 35 46 66 16, Tel. +45 35 46 66 73, SOLVIT@erst.dk SOLVIT Germany: Bundesministerium für Wirtschaft und Technologie, Scharnhorststr. 34-37, DE - 10115 Berlin, Fax. +49 3018 615 5379, solvit@bmwi.bund.de SOLVIT Spain: SOLVIT – España, Ministerio de Asuntos Exteriores y de Cooperación, Serrano Galvache 26, ES - 28033 Madrid, Tel. +34 91 379 9999, Fax. +34 91 394 8684, solvit@ue.maec.es SOLVIT
the
Netherlands:
Ministerie
van
Economische
Zaken,
Landbouw
en
Innovatie,
Bezuidenhoutseweg 30, Postbus 20101, NL - 2500 EC, Den Haag, Tel. +31 70 379 7708, Fax. +31 70 379 7014, solvit@mineleni.nl SOLVIT Austria: Bundesministerium für Wirtschaft, Familie und Jugend, SOLVIT Center, Abteilung C1/2, Stubenring 1, AT - 1010 Wien, Tel. +43 1 71100-5119, Tel. +43 1 71100 – 5293, Tel. +43 1 711005187, Fax. +43 1 71100-2207, solvit@bmwfj.gv.at SOLVIT Great Britain: Department for Business, Innovation and Skills, 1 Victoria Street, UK - London SW1H
0ET,
Tel.
+44
20
7215
2833,
Fax.
+44
20
7215
2234
solvit@bis.gsi.gov.uk 3.2. Recognition of social worker qualification in Italy Italy has transposed Directive 2005/36/EC through the Legislative Decree no. 206 of November 6 th, 200729. This Decree sets out the rules based on which the citizens in the EU Member States may practice in Italy the regulated profession they have been qualified for in their Member State of origin. The conversion refers to the so-called “regulated” professions defined by Article 4, paragraph 1, letter a) in this Decree. The Decree applies to the nationals in the EU Member States, who want to practice their profession in Italy either as employees or independently – including as freelancers, a regulated profession based on a professional qualification attained in a Member State of the European Union and the conditions allowing them to practice their profession. Moreover, the competence certification is done based on several specific regulatory acts. The profession the applicant wants to practice in Italy shall be the one he/she had received the qualification for in his/her Member State of origin if the activities are comparable and if they can be practiced as a permanent activity or as a temporary and occasional provision of cross-border activities.
29
“Attuazione della direttiva 2005/36/EC relativa al riconoscimento delle qualifiche professionali, nonche' della direttiva 2006/100/EC che adegua determinate direttive sulla libera circolazione delle persone a seguito dell'adesione di Bulgaria e Romania”
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GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
Based on Article 56, paragraph 4, and Article 57 in Directive 2005/36/EC, the Department for Coordination of Community Policies attached to the Presidency of the Council of Ministers is the national coordinator and the National Point of Contact30. LD 206/2007 sets out the rules based on which the citizens in the EU Member States may practice in Italy the regulated profession they have been qualified for in their Member State of origin. For the social worker profession the competent authority is the Ministry of Justice. As this is a regulated profession both in Italy and in Romania, Italy does not restrict the free provision of services for the social workers who had been awarded attestations in Romania. But there is a special requirement, i.e. that the person moving to Italy from an EU Member State and having the intention to provide services as a social worker here, he/she has to get information from the Italian competent authority through a prior written statement. This statement has to include details regarding any personal or collective insurance or protection regarding his/her professional liability (according to Article 10 in decreto legislativo 9 Novembre 2007, n. 206, attuazione della direttiva 2005/36/EC relativa al riconoscimento delle qualifiche professionali). This statement has to be renewed every year. In the case of temporary provision, for the first provision of services the statement has to be accompanied by the following documents: -
the proof of nationality
-
a certificate indicating that its holder is legally settled in a Member State in order to perform the activities in question and that he/she has no interdiction applicable to practicing his/her profession, even temporarily, at the time when the attestation is issued
-
his/her professional qualifications
-
the certificate of criminal record
Regarding the recognition of social worker diploma, the Romanian citizen has to go to the Italian Ministry of Justice. For the recognition of the diplomas mentioned above, the applicant has to submit to the Italian Ministry of Justice a standard application accompanied by the following documents: 1. the diploma in question; 2. a certificate indicating the subjects tested and the duration of the course (for the bachelor’s degree in engineering, the photocopy of the curriculum including the exams taken is accepted in non-official translation); 3. a certificate issued by the National College of Social Workers in Romania indicating that the profession is being regulated or not, which are the professional activities that can be carried out in that country based 30
Presidenza del Consiglio dei Ministri, Dipartimento Politiche Comunitarie, Ufficio Mercato Interno e Competitività, Piazza Nicosia 20, 00186 ROMA, ITALY, e-mail: puntonazionaledicontattoqualificheprofessionali@politicheeuropee.it, Website: www.politichecomunitarie.it. Contact persons: Dott.ssa Lucia Monaco e-mail: lu.monaco@palazzochigi.it, Dott.ssa Maria Giuseppina Castellano e-mail: g.castellano@palazzochigi.it, Tel.: 0039 06 677 92 548- Fax: 0039 06 6779 5064.
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Fondul Social European POS DRU 2007-2013
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on the degree to be recognized, if the applicant meets the criteria indicated by the local legislation for the practicing of the profession, and for this purpose a declaration of value issued by the Italian diplomatic mission in the country of origin may be submitted; 4. a certificate issued by the National College of Social Workers in Romania indicating that the applicant is able to practice his/her profession, including the registration in the National Register for Social Workers; 5. an attestation indicating the professional experience, with a detailed description of the activities covered so far; this attestation has to be issued by the institution in which it had been performed; if the person is self-employed, the activity has to be proven by fiscal documents; 6. two fiscal stamps amounting Euros 14.62. The diploma to be recognized may be submitted in original or in legalized photocopy. All the documents issued in Romanian have to be accompanied by translations to be certified by the Italian Embassy in Romania or by an Italian court. The photocopies of the documents have to be legalized by an Italian competent authority or by the Italian diplomatic mission in our country.
3.3. Recognition of social worker qualification in Spain The Royal Decree 1837/2008 includes in Annex VIII (Annex L11a_2) the alphabetical list of the professions and activities classified depending on the level of training existing in Spain for the people to have access to the practicing of their profession in correlation with the levels described in Article 19 (Article 11 in 2005/36/EC). Legislation on the professional recognition in Spain Spain has implemented Directive 2005/36/EC through the Royal Decree 1837/8.11.2008, which sets out the rules based on which the citizens in the EU Member States may practice in Spain the regulated profession they had been qualified for in their own Member State of origin. Regarding the recognition procedure in Spain, we can summarize it as below: It consists in the recognition – in Spain – of the qualifications attained by the nationals of any Member State in the European Union, of any state in the European Economic Area (Iceland, Norway and Liechtenstein), in Switzerland and – when applicable – by citizens in of third countries who are in addition citizens of any of the states mentioned above (double citizenship) for them to have the right to practice their profession or a regulated activity in Spain, with the same effects as if they had achieved the qualification specific to Spain. The official recognition gives the interested party the right to become a member in the respective professional associations and to practice his/her profession in the activities exclusively established for the respective professional group.
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The applicant has to be sent by the applicant directly to the General Technical Secretariat 31. It has a standard form and has to be accompanied by various justifying documents (both academic and professional), certified, accompanied by their official translation into Spanish (made by an authorized translator, any diplomatic representative office or by the Spanish Consulate or – if abroad – by the diplomatic or consular representative office of the applicant’s country of citizenship in Spain). Provision of temporary services in the case of professions for which professional associations recognized in Spain exist The regulated profession is defined as a group of professional activities that can be accessed, practiced or exercised in any way – directly or indirectly – if a professional title has been issued and is a profession in a Member State. In this category of regulated professions, this case of use is focused on related professions that involve the temporary or permanent provision of a service in the Spanish state by individuals or companies or by nationals of an EU Member State. The provision of such services has therefore two requirements: -
The applicant has to hold a recognized diploma / degree.
-
The applicant’s name has to be registered at the Professional Association where he/she is to carry out his/her activity. The associated professions are characterized by a system of independent professional associations. Common procedures for professions for which professional associations recognized in Spain
exist The first requirement of the related professions is that the service provider holds a proof officially recognizing that he/she has achieved knowledge leading to the effective practicing of the professional activity. In the case of a professional title obtained in an EU Member State, it has to be recognized in Spain. Any professional from a Member State, who wants to provide a service in Spain, has to hold the approval or the recognition of his/her professional qualifications as a requirement imposed by the professional association he/she wants to join. This group of qualification recognition rules applies only to the EU nationals. The Ministry of Health and Social Policies is in charge with the recognition of social worker diplomas held by nationals of the EU Member States and of other states in the European Economic Area. The recognition of the social worker qualification and the practicing of this profession in Spain require an academic education of minimum 3 years. Necessary documents:
31
Paseo de la Castellana, 162 - 28071 Madrid
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1. an application – according to the model indicated on the Ministry of Health and Social Policies website
2. a copy of the ID Card, passport or equivalent documentation confirming that the person is a citizen in any of the EU Member States or in the states having already signed the EEA Agreement
3. a copy of the academic title(s) and – as applicable – of the professional titles whose equivalence is being requested
4. the official certification and the customized training program attended by each applicant, with indication of: a. the duration of studies, given in academic years b. the description of the subjects studied, with an indication of the number of hours per each subject and their classification into theoretical and hands-on activities.
5. The certification issued by the competent authority in the Member State of origin or the Member State of provenance certifying that the applicant is a professional who has not been disqualified from practicing his/her profession (“Certificate of good standing”) and that he fulfils the criteria laid down in the EU Directive for practicing the same profession (this document is annulled unless submitted within maximum three months since its date of issue).
6. A certificate issued by the competent authority in the Member State of origin or the Member State of provenance certifying that the submitted title allows the practicing of the profession in the country and that it also fulfils the conditions laid down in Directive 2005/36/EC.
7. A certificate indicating the specific practice contents, which is issued by the competent authority if the person has worked full-time for at least two years over the last ten years in the Member State that issued the title, only provided that it does not regulate the profession. All the documents issued in other EU Member States have to be accompanied by their official translations into Spanish. The requested documents have to be submitted as copies certified by a Notary Public or by officers who are in charge with the receipt of the applications after the original document is presented. The application file for the recognition of the social welfare qualification in Spain – according to Directive 2005/36/EC – is submitted two the documentation indicated at point I to the Political and Social General Department for Families and Children within the Ministry of Health and Social Policies or by any other means laid down in Article 38.4 in Act no. 30/1992 issued by the Council on November 26, according to the legal regime of public administrations and the common law administrative procedure.
3.4. Recognition of social worker qualification in the Czech Republic
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Fondul Social European POS DRU 2007-2013
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The recognition of the professional qualifications and the list of necessary documents are being regulated in the Czech Republic by Act no. 18/2004. Just as in Romania, in the Czech Republic there is the Professional Qualifications Recognition Centre that is similar to the National Centre for Recognition and Equivalence of Diplomas in Romania. The Centre provides information on the recognition of professional qualifications and on the regulations applicable in the Czech Republic based on Directive 2005/36/CE. The Centre coordinates the activities of the recognition authorities and represents the Czech Republic at the European Commission32. The Centre manages the databases including the regulated and non-regulated professions in the Czech Republic. For each profession there are qualification requirements, specific recognition commissions and legal regulations applicable to that profession in the Czech Republic. The database specific to the type of profession also includes information on the recognition procedure and the application form for the recognition of a professional qualification. In the case of the regulated professions, the contact point may rather be the Ministry of Industry and Commerce33, due to the fact that it is relevant by the highest number of regulated professions under its supervision. Just as in Romania the regulated professions are recognized only by the relevant competent authorities34 through the submission of an application accompanied by the related documents: the application form in Czech, the personal identification, a document certifying the candidate’s nationality, the proof of his/her formal qualifications and the receipt confirming the payment of the administrative fee amounting CZK 2000. The recognition authority shall examine whether or not the application and the attached documents include the necessary information for the qualifications to be attested and for a decision to be made. If necessary, the competent authority shall ask the candidate for additional information. After the qualification recognition commission receives the file, it is obligated – according to Article 24, paragraph 5 in Act no. 18/2004 – to make a decision within maximum 60 days. In the complex cases, the authority may exceed this timeframe but it is still obligated to make a decision within maximum 90 days. Following the examination of the application filed by the candidate, the competent authority has to make a decision pursuant to one of the following circumstances: - the professional qualification is recognized, or - it informs the national on the compensatory actions either as a probation stage or as a skills test to be taken by the candidate, or - the application for the professional qualification recognition is rejected 32
Contact details: the Ministry of Education, Youth and Sport, the Professional Qualifications Recognition Centre, the Department for “Adults’ Education”, Karmelitská 7, 118 12 Prague 1, tel.: + 420 257 19 33 76, e-mail: qualifications@msmt.cz, web: www.msmt.cz 33 The contact details of the Ministry of Industry and Commerce are: Na Františku 32, 110 15 Praha 1, Tel.: + 420224851111, Fax: + 420224811089, E-mail: posta@mpo.cz, web: www.mpo.cz 34 There is also the possibility to request the application from the Professional Qualifications Recognition Centre, which redirects the application to the relevant competent authority.
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The recognition commission takes compensatory actions only if there are substantial differences between the applicant’s certified competences and the ones required for the practicing of the profession in the Czech Republic. During the probation stage, the candidate provides regular services under a professionally competent person’s supervision. Another training stage might be included in this period. The duration of the adjustment period cannot exceed 3 years. The skills test usually consists in a written test and an oral test. It is usually taken in Czech before a recognition commission that is representative for the respective qualification, a university or another institution taking into account the national’s specialization. The examination is meant to establish whether or not the candidate has the knowledge and competences necessary for the practicing of the profession and which have not been included in the candidate’s previous training (the examination costs CZK 5000 at the most). The decisions made by the recognition authority commissions may be challenged within maximum 15 days since being communicated. Moreover, the inconsistent decisions may be challenged in court through a civil action (Article 72 and Article 247 in Act no. 150/2002) within maximum 2 months since the referral of the decision to the file assessment commission. The NARIC CZ Centre35, a member in the UE ENIC network since 1997, provides information on the higher education qualifications in the Czech Republic and the EU countries, facilitating this way even the recognition of the professional qualifications attained by the Czech citizens having left the country to work abroad. Moreover, the National Institute for Technical and Vocational Education and Training36 (NUOV) is a consultancy centre for elementary or higher education qualifications. Upon the request received from the competent authorities, NUOV provides expertise on the level of education attained by a national or the contents and scope of his/her education for the requested qualification, so that there is no doubt that the national has the competences required for him/her to practice the regulated profession in the Czech Republic. NUOV cooperates with similar institutions abroad.
3.5. Recognition of social worker qualification in Austria The social worker profession is being regulated in Austria for providing access to the public positions and the official title is of Graduate social worker. The competent authority is: Bundesministerium für Wirtschaft, Familie und Jugend – Federal Ministry for Economy, Family and Youth37.
35
Contact details: the Higher Education Centre / Education Document Equivalence Centre – ENIC/NARIC, Udvou srpů 2024/2, 15000 Praha 5, Tel.: + 420257011335, Fax: + 420257531672, e-mail: naric@csvs.cz, web: www.naric.cz. 36 Contact details: the National Institute for Technical and Vocational Education and Training, Weilova 1271/6, 102 00 Praha 10, Tel.: + 420 274 862 251 – 6, Fax: + 420 274 863 380, E-mail. nuov@nuov.cz, web: www.nuov.cz. 37 Contact details: Stubenring 1, Abteilung I/, 31010 Wien, Phone: +43-1 71100, Fax: +43-17142718, Email: irene.linke@bmwfj.gv.at, URL: www.bmwa.gv.at.
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There is no national law regulating the social worker profession in Austria. The lands have different laws regulating the social welfare and they only refer to the social workers working as public officers. The recognition of the social worker profession for the citizens in the EU and EEA states and in Switzerland A social worker who is the citizen of an EU or EEA state or a Swiss citizen may apply for practicing his/her profession in Austria. The authorization is done by the Federal Ministry for Economy, Family and Youth. Application requirements: the proof of his/her nationality, the proof that he/she has the right to practice his profession as an architect in the country of origin, the proof of good conduct, financial solvency and non-violation of the profession ethics code, issued by the competent authority in the country of origin.
3.6. Recognition of social worker qualification in Great Britain In Great Britain, the access to the regulated professions benefiting from automatic recognition of professional qualifications achieved in the other EU Member States is done according to the national legislation transposing Directive 2005/36/EC. Starting with October 1st, 2008 the practicing of the social worker profession in Great Britain is allowed only for the graduates of long-term academic courses specializing in “social welfare” (Social Work Degree). Moreover, they have to go through a period of minimum 130 days of supervised hands-on activity that may be carried out during their education or after their completion. For the recognition of his/her profession, the social worker has to submit a file at the competent authority where he/she wants to practice his/her profession (England, Scotland, Wales or Northern Ireland). In England, the competent authority for the social worker profession is the General Social Care Council. The documents requested by the competent authority are: -
a standard form that has to be filled out;
-
a document proving the person’s citizenship (passport, ID Card or birth certificate);
-
a diploma or a document certifying the completion of the training courses necessary for having access to the regulated profession, that proof that the person completed an internship stage or that he/she is registered at a similar body in his/her country of origin;
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a document proving the person’s professional experience;
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medical certificate;
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a certificate on his/her professional reputation, issued by the competent authority in his/her country of origin.
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Temporary provision of services in a regulated field In order to provide services for a definite period of time in a regulated field in Great Britain, the interested persons have to carry out their usual activity on the territory of another EU Member State, to hold a qualification that allows them to practice the regulated profession in their country of origin and not to be the subject of an interdiction issued by the authorities in that state with reference to the said right. The temporary provision of services is allowed only after the competent authority in Great Britain is notified properly. If the social worker profession is not being regulated in the country of origin, the person might be asked to submit documents on the practicing of the profession in the country of origin, to take a skills test or to go through a short-term adjustment period. During the provision of the services, the professional title existing in Great Britain has to be used and the professional regulations imposed by the professional competent authority have to be complied with. 3.7. Recognition of social worker qualification in Denmark The social worker profession is not being regulated in Denmark. The procedure for the qualification recognition involves the submission of the application to the la Danish Agency for Universities and Internationalisation. In addition, an authorization or a similar recognition document from the Danish competent authority is also necessary. If temporary services are to be provided in Denmark, the EU/EEA citizens have to only submit a statement. Professional recognition for citizens in the EU, Iceland, Norway, Lichtenstein and Switzerland. If the applicant is a citizen of these states and if he/she has completed his/her studies in any of these states and has the right to practice his/her profession in that state, he/she has the right to freely practice his/her profession in Denmark, because the social worker profession is not being regulated. The social worker may enrol in the Danish Association of Social Workers38, but this does not play the role of a competent authority, and the enrolment in the association is not mandatory for a person to be allowed to practice his/her profession. The social worker provides the services under the professional title attained in his/her country of origin. The Danish title may only be used if the applicant’s professional qualification has been verified in Denmark.
3.8. Recognition of social worker qualification in the Netherlands The Foundation for Cooperation on Vocational Education, Training and the Labour Market39, and the Netherlands Organization for International Cooperation in Higher Education40 are the two Dutch centres
38 39
http://www.socialrdg.dk/ Foundation for Cooperation on Vocational Education, Training and the Labour Market (S-BB)
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Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
for recognition of qualifications attained in other states, depending on the qualification type: NUFFIC (in the Hague), for the recognition of higher education degrees and of general pre-academic education diplomas, and S-BB (in Zoetermeer), for the recognition of qualifications attained in the vocational training system (EFP). Regarding the access to the practicing of the profession, in the Netherlands the professions may be classified into the same large categories: regulated professions and non-regulated professions. In the case of the non-regulated professions, for the legal practicing of that profession no recognition of the professional qualification by a competent authority in the Netherlands is necessary if the professional title was obtained in another Member State.
Nuffic also plays the role of NARIC in the Netherlands, therefore it provides support both for the applicants asking for the recognition of their qualifications in the higher education (workers, employers), and the competent authorities for the regulated professions, as well as for information on the provisions laid down in Directive 2005/36/EEC on the recognition of qualifications attained in the higher education system. The recognition of the vocational qualifications is done in a separate department within S-BB, which is financed by the Ministry of Education out of a special fund. The social worker profession is not being regulated in the Netherlands. For the profession recognition to be obtained, the procedure for the recognition of qualification in the higher education is followed and the following documents are submitted at NUFFIC: -
a copy of the bachelor’s degree or of equivalent documents;
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a copy of the official transcript or of the diploma supplement;
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a copy of the authorized translation of the diploma and of the official transcript / diploma supplement;
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a copy of the passport or of the residence permit. Normally a recognition process may last up to 4 months.
3.9. Recognition of social worker qualification in Germany The recognition of qualifications for foreign citizens in Germany is done depending on the access to studies and for the practicing of the profession. For the recognition of the professional qualifications achieved abroad, in 2012 Germany adopted the “Recognition Act”, also known as the Act for the improvement of assessment / analysis and recognition of foreign professional qualifications"13; it regulates the recognition of foreign qualifications for the professions the federal government is in charge with. The Recognition Act combines a new federal act, the Act of 40
NUFFIC - Netherlands Organization for International Cooperation in Higher Education (in the Hague)
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Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
professional qualification determination - BQFG (the responsibility of BMBF) with the amendments made in the current legislation and the professional regulations (government departments in charge with the respective fields). The law on the assessment and recognition of professional qualifications (BQFG – Article 1 in the Recognition Act) is a federal law part of the new area of competence of the Federal Ministry of Education and Research. It is the basic legislation for the recognition of professional qualifications in Germany, stating the procedures and criteria for the assessment of foreign professional qualification equivalence to those applicable to the German reference profession, providing support for the integration of the skilled immigrants and of skilled foreign workers on the German labour market. Since April 1st, 2012, the possibility for your foreign professional qualifications to be recognized in Germany has improved significantly. The act issued by the Federal Government for the recognition of the diplomas inserts the legal right for people to have the qualifications obtained abroad evaluated in comparison to their equivalent in Germany, improving the opportunities granted to individuals having obtained professional qualifications abroad to practice their professions in Germany. This act includes extended, simplified and improved procedures for the assessment of foreign vocational qualifications under the responsibility of the Federal Government. However, this act does not regulate the professions that fall under the responsibility of the German lands. In this context, the recognition of the social worker profession in Germany is being regulated by the legislation in force in the German lands. The applications for professional recognition are to be submitted to the relevant professional chambers in the 16 lands. For the professional recognition of the social worker profession in Germany the person has to go through a equivalence stage referring to the diploma obtained in another EU Member State41. Once his/her diploma is validated, the social worker has to register his/her name at the competent authority in that land before being allowed to practice his/her profession. There are no differences between the lands in terms of the registration procedure and requirements. For registration purposes, the person has to hold his/her bachelor’s degree or the certificate confirming that he/she has graduated the training courses.
41
http://www.anerkennung-in-deutschland.de/tools/berater/en/berater/profile/377
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IV.
GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
Practicing of the social worker profession in the European Union
In Romania the social worker may practice his/her profession in the following ways:
the social worker profession may be practiced independently under free practice conditions by people who are granted the free practice certificate;
the social workers may choose to establish individual offices, offices in association or civil professional societies under the law;
since the date of their registration in the National Register for Social Workers in Romania, the civil professional societies are granted legal personality provided that the common law requirements are fulfilled;
the individual social welfare offices and the social welfare offices in association may employ collaborators for carrying out their activity. Moreover, both in Romania and in all the other analyzed Member States, the social worker may
practice his/her profession as an employee working for the public administration. But in Denmark the social workers practice their profession only as public officers and they cannot work independently, because it is not being regulated. In Italy, the Order of Social Workers is the professional body managing the register including the professionals having the right to practice their profession as social workers. The registration in the Professional Register of Social Workers is mandatory for a person wanting to practice his/her profession. The certified social worker has to be registered in the professional association in the province where he/she wants to work and to comply with the specific rules and deontological code. The Italian Occupational Classification states as follows: in Chapter 3.4.5.1.0. Social Workers, the following occupations: psychiatric nurse at home, social worker, labour field social worker, family social worker, medical-hospital social worker, medical-psychological-pedagogic social worker, social worker for the underage, psychiatric social worker, school social worker. In Spain, the social welfare graduate is a regulated profession. The certified professional has the obligation to comply with the bylaws and the deontological code of the National Professional Association of Social Workers in Spain - El Conselji General del Trabajo Social. The national classification of occupations in Spain includes in the category with code – sociologists, historians, psychologists and other professionals in the social sciences field: code 2824 Social Welfare and Education Professionals and Code 2825 Agents for Equal Chances for Women and Men.
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Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
In the Czech Republic the social welfare and the health social welfare are regulated professions, and this is why the professionals have to be registered at the competent authority, i.e. the Ministry of Labor and Social Affairs42. In Austria the social worker title is not protected; this is why the social workers are not obligated to become registered. There is a professional association for social workers – the Professional Association of Social Workers in Austria43, but this is not the competent authority. In Great Britain the social worker title is protected by the law44, and this means that the persons who are not registered at the General Social Care Council cannot make use of their title as social workers. The registration has to be renewed every three years, and the minim requirement is the accumulation of at least 90 hours (15 days) of continuous training. Moreover, the social workers are forced to comply with the Code of Professional Practice45. If there are any suspicions regarding the violation of the rules, the social worker shall be investigated and – if he/she is found guilty – he/she shall be removed from the register for a period of time ranging from 2 to 5 years. In Denmark, the specialist practicing his/her profession as a social worker has to accept and comply with the professional, statutory and administrative regulations related to his/her profession, such as the definition of the profession, the use of titles and the malpractice issues, which are directly linked to the client’s protection and safety, as well as with the disciplinary provisions applicable in Denmark for these professionals. In Germany, the social worker has the obligation to register his/her name with the competent authority in that land before having the right to practice his/her profession. There are no differences between the lands in terms of the registration procedure and requirements. For registration purposes, the person has to hold his/her bachelor’s degree or the certificate confirming that he/she has graduated the training courses,, as well as to meet certain minimum requirements regarding the continuous training: to be familiar with the professional ethics principles established by the German Professional Social Welfare Association46 and the implementation of management and quality assurance principles. These two additional criteria are not applied in all the German lands and they rather depend on the institutions where the social workers are employed. In the Netherlands, the social worker profession is not being regulated. The social workers have to register their names in the National Register of Social Workers and Welfare Field47 or in the Register of
42
Ministerstvo práce a sociálních věcí Na Poříčním právu 1, 128 01 Praha 2, fax: +420 224 918 391, phone: +420 221 921 111, email: posta@mpsv.cz, web: www.mpsv.cz 43 Österreichischer Berufsverband der SozialarbeiterInnen (http://www.sozialarbeit.at) 44 Article 61, Care Standards Act 200 for England and Wales, http://www.legislation.gov.uk/ukpga/2000/14 45 Care Standards Act 200 for England and Wales, http://www.legislation.gov.uk/ukpga/2000/14 46 DBSH Office Berlin (association office), Rungestraße 22-‐24, 10179 Berlin. Website: http://www.dbsh.de/ 47 Beroepsregister van Agogen en Maatschappelijk Werkers
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the Danish Association of Social Workers48. The registration and the renewal of the regarding can be done based on an education and professional experience assessment process. The renewal of the registration is done every five years. In Romania, in order to practice his/her profession, the social worker has to comply with the specialist’s obligations laid down in the Social Worker Deontological Code. This is valid in all the analyzed states where the social worker profession is being regulated, i.e. the registered social worker has to comply with the deontological code developed by the competent authority and/or the professional association he/she is part of.
48
Nederlandse Vereniging van Maatschappelijk Werkers (NVMW)
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InstrumenteStructurale 2007 - 2013
V. Conclusions The social worker profession is being regulated in six of the eight studied EU Member States: Italy, Spain, Austria, the Czech Republic, Germany and Great Britain. Between these countries and Romania, the free movement and the mutual recognition of the social worker title are done according to the principle of general recognition of qualification titles, based on the coordination of the training minimum requirements. The profession is not being regulated in the Netherlands and in Denmark. However in the Netherlands the social workers have to be registered in any of the two national registers: the National Register of Social Workers and Welfare Field49 or the Register of the Danish Association of Social Workers50. In the EU Member States the social welfare activities and services cover a wide and diverse range of activities and are defined differently from one state to another. The main explanation might be related to the historical evolution of education in the social welfare field, which is very different from one country to another. Therefore, while in some states there is a tradition of the higher education in the social welfare field and the profession is very well defined and regulated, in other states this field is only at the beginning. The last two decades could be described as a progressive process for “academicism” of training in the social welfare sector, along with the implementation of the Bologna system in the higher education in the EU Member States. The social welfare’s main professional activities51 are the same in most of the EU Member States: the evaluation of the individual and of the family in terms of needs for care, living circumstances and risk management, the support given to individuals and families in relation to their social needs, counselling, planning, revision and assessment of social welfare activities, working with the justice system, taking responsibility for the individuals they work with, supervision and education, community development, legal counselling. The social worker profession accounts for a very high level of mobility throughout the European Union. Therefore, 5639 European social workers work in a different EU Member State. This fact can also be explained by the nature of this profession: to provide support to people in difficulty. The attestation process in the social worker profession is very different in the eight states analyzed. Therefore, compared to Romania, the attestation process is much simpler in Germany, where the graduate from a specialized faculty has only to register at the competent authority in that land. As opposed to this, 49
Beroepsregister van Agogen en Maatschappelijk Werkers Nederlandse Vereniging van Maatschappelijk Werkers (NVMW) 51 Hussein, Shereen, Social Work Qualifications and Regulation in European Economic Area (EEA), Social Care Workforce Research Unit, King’s College London, Commissioned by the General Social Care Council and Skills for Care & Development, November 2011. 50
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UNIUNEA EUROPEANA
GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE Č˜I PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
the attestation process in Italy is much more difficult than in our country and the social worker has to pass a national exam in order to be allowed to practice his/her profession. Moreover, there are states where the access to this profession is not being regulated by clear laws (Spain), as well as countries where the social worker practicing the profession in the public administration has to comply with the local administration legislation (Austria). The recognition of the social worker profession is much more homogenous in the eight analyzed Member States and similar to Romania. Except for Germany where, although the profession is being regulated, the recognition is done based on the equivalence of the higher education degree. Regarding the practicing of the social worker profession, in the analyzed Member States where the profession is being regulated (Italy, Spain, Austria, the Czech Republic, Germany, Great Britain and Romania) the activities in the social welfare field are being performed by people holding the official qualification title as social workers. In the analyzed states where the social worker profession is being regulated, it can be practiced independently under free practice conditions. Except for Denmark, where the social workers only work as public officers.
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UNIUNEA EUROPEANA
GUVERNUL ROMANIEI MINISTERUL MUNCII, FAMILIEI, PROTECTIEI SOCIALE ȘI PERSOANELOR VARSTNICE AMPOSDRU
Fondul Social European POS DRU 2007-2013
InstrumenteStructurale 2007 - 2013
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Fondul Social European POS DRU 2007-2013
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