In the situation where Romanian employers want to employ people with Ukrainian citizenship, they have this possibility following a simplified procedure.
In short, this procedure only involves obtaining the NIF (Fiscal Identification Number) without the need to obtain a work permit.
Thus, according to article 13 paragraph (3) Government Order 25/2014 regarding the employment and secondment of aliens on the Romanian territory and for the modification and completion of some normative acts regarding the aliens regime in Romania, by exception from the provisions of paragraph (1) and paragraph 2) letter a), no employment notice is required for citizens of the Republic of Moldova, Ukraine and the Republic of Serbia employed in Romania with a full-time individual employment contract, for a maximum period of 9 months in a calendar year , if they meet the conditions set out in paragraph 2 letter (b).
Therefore, Ukrainian citizens can be employed in Romania for a determined period of maximum 9 months in a calendar year without a notice of employment if they meet the conditions of authorization provided by the legislation in force in Romania for employment (if for the position on there are such conditions of authorization to occupy it) and has no criminal record incompatible with the activity to be carried out in Romania.
It is important to note that the 9 months during which Ukrainian citizens can work in Romania without a notice of employment refer to the calendar year.
According to article 34 of GOVERNMENT ORDER 24/2015, the employer / beneficiary of the provision of services who has employed / seconded a foreigner from the category provided in article 3 paragraph (2) or article 20 paragraph (2) has the obligation to communicate to the Inspectorate General for Immigration, within 10 days from the date of starting their activity on the Romanian territory, the copy of the individual employment contract, the copy of the secondment deed, as well as the documents attesting the affiliation to one of the categories provided in article 3 paragraph (2) or in Article 20 paragraph (2), as appropriate.
Also, the employer / beneficiary of the service has the obligation to communicate to the General Inspectorate for Immigration, within 10 days, the modification or termination of the individual employment contract concluded with the foreigner or, as the case may be, the termination of his secondment.
Therefore, after concluding the individual employment contract and registering in Revisal, the employer must communicate to the General Inspectorate for Immigration (IGI) a copy of the individual employment contract (CIM) as a foreigner was hired exempted from obtaining the employment permit.
Under the conditions in which the employed Ukrainian citizen does not obtain the Romanian CNP, the issuance of the NIF will be requested based on the submission of the 030 form, this being necessary for the declaration in the 112 form.
According to Article 82 paragraph (1) letter e) of the Fiscal Procedure Code, any person or entity that is the subject of a fiscal legal report is fiscally registered receiving a fiscal identification code.
The fiscal identification code is for the natural persons who do not have a personal numerical code, the fiscal identification number assigned by the fiscal authority.
The fiscal identification code is for the natural persons who do not have a personal numerical code, the fiscal identification number assigned by the fiscal body. In case of subsequent obtaining of the personal numerical code, the previously assigned fiscal identification number is replaced by the fiscal authority with the taking over of the fiscal information registered during the possession of the fiscal identification number on the personal numerical code. Fiscal administrative acts, enforcement acts or other acts issued by the fiscal authorities and communicated prior to the replacement of the fiscal identification number remain valid.
Thus, in the absence of the Personal Numerical Code (CNP), the Ukrainian employee can be declared in the 112 declaration based on NIF.
In addition, according to a recent communiqué of the National Agency for Employment (ANOFM), in order to benefit from all the services and measures provided by Law no. 76/2002 on the unemployment insurance system and the stimulation of employment with the subsequent amendments and completions, during the nine months, the Ukrainian citizens can request the granting of the refugee status.
After acquiring a form of international protection, they can register in the records of the employment agencies, thus benefiting, free of charge, from the measures to stimulate employment: mediation of the work through which the employers are connected with the people looking for a job. for work; information and professional counseling which provides a range of services provided free of charge to job-seekers, which aim to provide information on the labor market and the evolution of occupations; vocational training; evaluation and recognition of professional competencies obtained in a non-formal and informal system, etc.
By Government Order, the professional training branches ensure, according to the law, the initiation, qualification, requalification, improvement and specialization of the persons looking for a job.
- Legal basis:
- Fiscal Procedure Code (approved by Law no. 207/2015, published in the Official Gazette no. 547 of 23.07.2015), with subsequent amendments and completions;
- Fiscal Code (approved by Law no. 227/2015, published in the Official Gazette no. 688 of 10.09.2015), with subsequent amendments and completions;
- GOVERNMENT ORDER 25/2014 regarding the employment and secondment of foreigners on the Romanian territory and for the modification and completion of some normative acts regarding the regime of foreigners in Romania.
- anofm.ro