According to the legislation in force, a foreigner is a person who does not have Romanian citizenship, the citizenship of another Member State of the European Union or of the European Economic Area, or the citizenship of the Swiss Confederation.
Depending on the type of activity to be carried out in Romania, and within the limits established annually, the following categories of workers may be employed in Romania:
– permanent worker
– trainee worker
– seasonal worker
– cross-border worker
– highly skilled worker
– posted worker
The procedure for hiring foreigners by employers, natural or legal persons in Romania, requires the following steps:
1 obtaining the employment permit;
Persons who are not Romanian citizens or citizens of another Member State of the European Union or of the European Economic Area may be employed in Romania, with an employment permit, only if the following conditions are met:
– Job vacancies cannot be filled by Romanian citizens, citizens of EU/EEA (European Economic Area) member states or permanent residents on Romanian territory;
– Special conditions of professional training, work experience and authorization are met;
– Proof of medical fitness to carry out the job is provided;
– He/she has no criminal record incompatible with the activity he/she is carrying out or will carry out on the territory of Romania;
– He/she falls within the annual quota approved by Government Decision;
– The employer has paid up to date the obligations to the state budget;
– The employer actually carries out the activity for which the employment permit is requested;
– The employer has not been sanctioned in the last 3 years for undeclared work or illegal employment.
- obtaining a long-stay visa;
After obtaining the work permit, the employer must send this document to the employee, who will obtain the long-stay visa for employment from the diplomatic missions and consular offices of Romania.
3- issue of a residence permit for the purpose of work/secondment.
The foreigner who has been granted or, where applicable, extended the right of residence in Romania is issued a residence permit by the General Inspectorate for Immigration.
Employment of EU, EEA (European Economic Area) or EC citizens
EU/EEA/EC citizens can work on the territory of our country in a dependent or independent manner under the same conditions as Romanian citizens, there are no limitations as long as the activities carried out are in accordance with the conditions provided for by the laws in force.
If the time spent on Romanian territory exceeds 90 days, they must register their residence with the General Inspectorate for Immigration in the county where they live. The authorities issue on the same day a registration certificate which is valid for a maximum of 5 years.
In the case of those who have come to the country to take up employment, the documents required include the employment contract (original and copy) or the certificate issued by the employer (original), together with a “print screen” from the General Register of Employees (REGES), in the section containing the data relating to the employment contract, stamped and signed by the employer to confirm the veracity of the document submitted.
EU / EEA / EC citizens seconded to Romania must include, among others, the secondment contract, together with the address of secondment translated and legalized in accordance with the law and the address from the Romanian company confirming that they are seconded for the stipulated period. in the secondment contract.
Based on the CNP received from IGI, the expat employee will be included in the 112 Declaration, thus being registered in the social insurance system and benefiting from all the rights regulated by the national legislation, in conditions similar to those established for Romanian citizens.
The foreign employee must request a doctor’s certificate from the employer (standard model) and register with a family doctor in Romania because one of the mandatory information for declaring the individual health contribution is the one related to the employee’s Health House.
The period of work in Romania is seniority and is recognized in all EU / EEA countries when establishing the pension.