Employment of Ukrainian citizens in Romania

In the context of the new legislative changes, Ukrainian citizens who have legally entered the territory of Romania and who do not apply for a form of protection can be employed without an employment permit and can apply for an extension of their right to stay for work purposes without the obligation to obtain a long-stay visa.

According to the provisions of the EMERGENCY ORDINANCE no. 20/2022 on the amendment and completion of some normative acts as well as for the establishment of some support and humanitarian assistance measures, in the context of the current situation generated by the military conflict on the territory of Ukraine, Ukrainian citizens who have legally entered the territory of Romania and who do not apply for a form of protection can be employed without an employment permit, provided for by the O.G. 25/2014 on the employment and posting of foreigners on the territory of Romania.

Also, Ukrainian citizens may apply for the extension of their right of residence for employment purposes and the issuance of a single permit according to the URGENT ORDINANCE 194/2002 on the regime of foreigners in Romania, republished, with subsequent amendments and additions, without the obligation to obtain a long-stay visa for employment.

The extension of the right of residence is materialized by issuing a single permit (residence permit attesting the right of residence and work) valid for up to 1 year.

The right of residence may be extended for successive periods of 1 year, provided that the conditions on the basis of which the initial right to work was granted are maintained.

The employment of Ukrainian citizens, who come from the zone of armed conflict in Ukraine, who do not have documents proving their professional qualifications or experience in work necessary for employment, can be carried out, for a period of 12 months with the possibility of extension for periods of 6 months, for a maximum of one year, on the basis of their sworn statement that they meet the conditions of professional qualification and have no criminal record that is incompatible with the activity that they carry out or are going to carry out on the territory of Romania.

These provisions do not apply to Ukrainian citizens wishing to enter or exercise in Romania the professions of doctor, dentist, pharmacist, general medical assistant, midwife, veterinary surgeon and architect or one of the professions listed in Annexes 2, 4, 8 of Law no. 200/2004 on the recognition of regulated professions in Romania.

The procedure for employment of Ukrainian citizens from the zone of armed conflict in Ukraine was approved by OMSS 301/2022.

The individual employment contract is concluded after prior verification of professional and personal aptitudes through the procedures laid down in the applicable collective labour contract or internal regulations.

In order to verify the employee’s aptitudes, a probationary period of not more than 90 calendar days for executive positions and not more than 120 calendar days for managerial positions may be established when the individual employment contract is concluded.

Employment of Ukrainian citizens can be done either through employment agencies or directly.

               If Ukrainian citizens report to the county employment agency, the declaration is completed with the support and guidance of the guidance counsellor and they receive the assignment order to report to the employer.

If an Ukrainian citizen contacts an employer directly, without applying to the county or Bucharest employment agencies, he/she fills in the declaration on his/her own responsibility together with the employer where he/she will be employed.

Employment is based on the identity card, passport or other document proving identity and the declaration on own responsibility (Annex OMSS 301/2022).

Bilingual model of the declaration on own responsibility :