General provisions:
According to the current regulations (OG) 25/2014, with subsequent amendments and additions), foreigners legally residing in Romania can be employed on the basis of the employment permit obtained by employers.
By exception, it is not necessary to obtain the employment permit for the employment in Romania of foreigners in the following categories:
foreigners whose free access to the Romanian labour market is established by treaties concluded by Romania with other countries;
foreigners who are going to carry out teaching, scientific or other specific activities on a temporary basis in institutions accredited or provisionally authorized in Romania, on the basis of bilateral agreements or as holders of a temporary right of residence for carrying out scientific research activities, and personnel with special qualifications, on the basis of the order of the Minister of National Education, as well as foreigners who carry out artistic activities in cultural institutions in Romania, on the basis of the order of the Minister of Culture;
foreigners who are going to carry out temporary activities on the territory of Romania at the request of ministries or other central or local public administration authorities or autonomous administrative authorities;
foreigners who are appointed to the management of a subsidiary, representative or branch on the Romanian territory of a company with headquarters abroad, in accordance with the documents provided for by the Romanian legislation proving this;
foreigners holding a long-term right of residence in Romania;
foreigners holding the right of temporary residence for family reunification as family members of a Romanian citizen;
foreigners holding the right of temporary residence for studies;
foreigners holding the temporary right of residence granted according to the provisions of Article 130 of the Government Emergency Ordinance no. 194/2002, republished, with subsequent amendments and additions;
foreigners, holders of a valid temporary residence permit, granted for the purpose of family reunification, who have previously benefited from a right of residence on the territory of Romania as family members of a Romanian citizen and who are in one of the situations provided for in Article 64 paragraph (2) of the Government Emergency Ordinance no. 194/2002, republished, as amended and supplemented;
foreigners who have acquired a form of protection in Romania;
Asylum seekers from the date on which they have the right to receive access to the labour market according to the Law no.122/2006 on asylum in Romania, with subsequent amendments and additions, if they are still in the procedure for determining a form of protection;
tolerated foreigners, for the period they have been granted tolerance to stay in Romania.
foreigners holding the right of temporary stay for work purposes, employed on the territory of Romania with a full-time individual employment contract, for employment with another employer, with a part-time individual employment contract;
foreigners holding the right of temporary residence for religious activities who are to be employed in Romania in religious units.
citizens of the Republic of Moldova, Ukraine and the Republic of Serbia employed on the territory of Romania with a full-time individual employment contract for a period of maximum 9 months in a calendar year.
Thus, foreigners holding the right of temporary residence for studies can be employed on the Romanian territory without employment permit only with individual part-time employment contract with a maximum working time of 4 hours per day.
Foreigners holding the right of temporary residence for work purposes, employed on the territory of Romania with a full-time individual employment contract, may be employed on the territory of Romania by another employer, without an employment permit, only with a part-time individual employment contract, with a maximum working time of 4 hours per day.
The individual employment contracts concluded by foreigners legally residing in Romania shall be suspended by law from the date on which the employer becomes aware that the General Inspectorate for Immigration has established the obligation to return the foreigner in question in accordance with the provisions of the Emergency Ordinance no.194/2002, republished, as amended and supplemented.
The General Inspectorate for Immigration informs in writing the employer of a foreigner about the establishment of the obligation to return him/her, within a maximum of 10 days after the order of the respective measure.
According to the current provisions, the employment permit is issued by the General Inspectorate for Immigration at the employer’s request if the general conditions set out below and the special conditions set out in OG 25/2014 are met depending on the type of worker.
According to article 4, paragraph (2) of the Government Ordinance (OG) 25/2014, the general conditions for issuing the employment notice are the following:
a) the employer, legal entity, authorized natural person or individual enterprise carries out on the territory of Romania activities compatible with the function for which the foreigner applies for employment;
b) the employer has paid the obligations to the state budget for the last quarter, prior to submitting the application;
c) the employer has not been definitively convicted for an offence provided for by the Labour Code or for an offence against the person committed with intent, provided for by Law no. 286/2009 on the Criminal Code, with subsequent amendments and additions, hereinafter referred to as the Criminal Code;
d) the employer has not been sanctioned according to Article 36 paragraph (1) of this Ordinance, Article 260 paragraph (1) letter e) or e1) of Law no.53/2003 – Labour Code, republished, as amended and supplemented, or according to the provisions of Article 8 paragraph (1) of HG no. 905/2017 on the general register of employees, in the last 6 months prior to the resolution of the application.
e) the annual quota per type of workers newly admitted to the labour market established according to the provisions of Article 29 paragraph (1) has not been exhausted;
f) the foreigner whom the employer intends to employ fulfils the conditions laid down in Article 6 paragraph (1) letter a), e), g) and h), Article 11 and Article 27 paragraph (2) letter c) and e) of the Government Emergency Ordinance no. 194/2002, republished, with subsequent amendments and additions, and is not in one of the cases of non-permission to enter Romania provided for in Article 8 paragraph (1) letter b)-d) of the EMERGENCY ORDINANCE No. 194 /2002, republished, with subsequent amendments and additions.
Proof of fulfilment of the general condition provided for in point a) shall be provided by the submission of the following documents by the employer, legal entity, authorised natural person or individual enterprise:
a) the certificate of incorporation or registration in the Trade Register or the certificate of registration in the Register of Associations and Foundations, in copy and in original;
b) the certificate stating that no mention of the opening of bankruptcy proceedings has been entered in the commercial register or, as the case may be, in the Register of Associations and Foundations.
The proof of fulfilment of the general condition provided for in letter b) above shall be provided by the employer’s submission of the tax certificate issued by the public finance administration in whose territorial radius the employer has its registered office or professional headquarters or, as the case may be, domicile, regarding the payment of obligations to the state budget at the end of the quarter preceding the submission of the application.
Proof of compliance with the general condition provided for in letter c) shall be provided by the employer’s submission of the criminal record.
Verification of the general conditions provided for in points d)-f) is carried out by the General Inspectorate for Immigration through its territorial formations.
In order to obtain the employment permit, the employer submits to the General Inspectorate for Immigration an application accompanied by:
– a copy of the valid border crossing document of the foreigner they intend to employ and, if applicable, a copy of their temporary residence permit in Romania;
– two 3/4 photographs of the foreigner;
– a declaration on the foreigner’s own responsibility that he/she is medically fit to be employed and that he/she has a minimum knowledge of Romanian or an international language;
– the job description for the vacant position;
– the documents proving the fulfilment of the general conditions provided for in article 4 paragraph (2) letter a)-c);
– documents proving the fulfilment of the special conditions provided for in this Ordinance according to the type of worker.
Important! The natural person employer must also submit a copy of his/her identity card.
Employment of foreigners as permanent workers:
According to the current provisions, the employment permit for permanent workers is issued to the employer for the employment of a foreigner with a full-time individual employment contract for an indefinite or fixed period.
The fixed-term individual employment contract is extended under the conditions provided for by the Labour Code, without obtaining a new employment permit, if the conditions of employment at the place of work are maintained.
According to Article 7, paragraph (2), the special conditions for issuing the employment permit for permanent workers are as follows:
a) the employer has applied for a job vacancy by a Romanian citizen, by a citizen of another Member State of the European Union or of the European Economic Area, by a citizen of the Swiss Confederation or by a foreigner holding the right of long-term residence in Romania;
b) the employer intends to employ a foreigner with an individual full-time employment contract for an indefinite or fixed term;
c) the foreigner whom the employer intends to employ in the vacant job fulfils the conditions of authorization provided for by the legislation in force for the occupation of that job and has no criminal record incompatible with the activity he/she intends to carry out on the territory of Romania.
The notice of employment for permanent workers is issued without fulfilling the condition provided for in letter a) if the vacant job is the position of company director regulated by the Law on Companies no.31/1990, republished, with subsequent amendments and additions, and the employer in question has no other foreigner employed in such a position.
The notice of employment for permanent workers shall be issued without fulfilling the special conditions provided for in letters a) and c) if the vacancy is for professional athletes and the employer in question is a legal entity whose main object of activity is the performance of sports activities.
Important mentions!
Proof of compliance with the special condition provided for in Article 7 paragraph (2) letter a), mentioned above, is made by the submission by the employer of the following documents:
the employer’s organisation chart specifying the occupied and vacant positions;
certificate on the available labour force for the vacant job, issued no later than 60 days prior to the submission of the application for the employment notice by the employment agency in whose territorial area the employer has its registered office or professional headquarters;
proof of publication of a vacancy advertisement in the mass media in Romania;
a copy of the minutes drawn up by the employer showing that the selection for the vacant job has been carried out, following the publication of the advertisement referred to in letter c), as well as the fact that the foreigner whom the employer intends to place in the vacant job fulfils the professional training and work experience requirements stipulated by the legislation in force for that job.
The proof of the fulfilment of the special condition provided for in Article 7 paragraph (2) letter b) shall be made by the employer’s presentation of the copy of the firm offer of employment.
Proof of fulfilment of the special condition laid down in Article 7(2)(c) shall be provided by the employer’s submission of the following documents:
curriculum vitae of the foreigner;
the authorisation document provided for by law, where applicable;
criminal record of the foreigner or other document with the same legal value, issued by the authorities of the country of origin or residence, translated and legalized in accordance with the law
Legal basis:
– Labour Code of 2003 (Law No. 53 of 24 January 2003) – Re-publication, as amended and supplemented;
– EMERGENCY ORDINANCE 143/2022 amending Article 17 of Government Ordinance No. 25/2014 on the employment and secondment of foreigners on the territory of Romania and amending and supplementing certain regulations on the regime of foreigners in Romania;
-Government Order 25/2014 on the employment and secondment of foreigners on the territory of Romania and for the modification and completion of some normative acts on the regime of foreigners in Romania.