Employment of foreigners as seasonal workers:
According to the legislation in force, the employment permit for seasonal workers is issued to the employer in order to employ a foreigner with a full-time fixed-term individual employment contract to perform an activity that is carried out according to the succession of seasons.
The expected duration of the individual employment contract is mentioned in the employment notice for seasonal workers.
According to Article 11, paragraph (2), the special conditions for issuing the employment permit for seasonal workers are as follows:
a) the employer intends to employ a foreigner under a fixed-term full-time individual employment contract to perform an activity which is carried out according to the succession of seasons;
b) the foreigner whom the employer intends to employ in the vacant job meets the conditions of professional training, work experience or authorization provided for by the legislation in force for the employment of that job.
It is important to specify that the list of sectors comprising activities that are carried out according to the succession of seasons is established, by reference to the Classification of Activities in the National Economy, by Government decision, at the proposal of the Ministry of Internal Affairs.
The proof of the fulfilment of the special condition provided for in Article 11 paragraph (2) letter a) shall be made by the submission by the employer of the copy of the firm offer of employment, specifying, in accordance with the provisions of the Labour Code and the applicable collective labour agreement:
a) place and kind of work;
b) the duration of the contract;
c) the salary and the frequency of its payment;
d) the working hours per week or month;
e) the duration of all paid leave;
f) the starting date of employment, if possible;
g) other relevant working conditions.
Proof of compliance with the special condition laid down in Article 11 (2) (b) shall be provided by the employer by submitting the following documents:
a) curriculum vitae of the foreign national;
b) the authorization document provided for by law, when applicable
Please note that one of the following documents shall be attached to the foreigner’s curriculum vitae, when applicable:
a) the certificate of recognition of studies necessary to fill the job vacancy, issued by the Ministry of National Education, under the conditions provided by the legislation in the field, or the diploma of studies issued by accredited educational institutions in Romania;
b) copies of documents attesting to professional training obtained outside the education system or, where appropriate, attesting to professional experience, translated and legalised in accordance with the law;
c) copies of the documents attesting the professional qualification required for the vacant job in Romania or in another European Union Member State, translated and legalized in accordance with the law, when applicable.
For the issuance of the employment permit for the employment of a foreigner as a seasonal worker at the employer where he/she has performed the same activity at least once in the last 5 years, it is not necessary to submit the documents proving the fulfilment of the special conditions provided for in Article 11 paragraph (2), if the foreigner has complied with the obligation to leave the territory of Romania at the termination of the previous individual employment contract.
Issuance of the employment notice in special situations
Recently, by EMERGENCY ORDINANCE (OUG) 143 (published in the Official Gazette no. 1049 of 28 October 2022), article 17 of the OG 25/2014 underwent some changes.
Thus, according to the new provisions, Article 17, paragraph 1, the foreigner employed on the basis of the employment permit, except for seasonal workers, may take up a new job, with the same or another employer, at any time during the period of validity of the single permit or the EU Blue Card.
In the situations provided for in the previous paragraph, the foreigner shall be employed in the new job on the basis of a new employment permit obtained by the employer under the terms of this Ordinance.
We mention that the new employment permit is issued to the same employer without fulfilling the general conditions provided for in Article 4 paragraph (2) letter b), e) and f) and, as the case may be, without fulfilling the special conditions provided for in Article 7 paragraph (2) letter a) or Article 9 paragraph (2) letter a).
The new employment authorization shall be issued to another employer provided that the general conditions laid down in Article 4 and, where applicable, the special conditions laid down in Article 7 or 9 are met.
In the situations referred to in paragraph (1), provided that not more than one year has passed since the registration of the individual employment contract with the previous employer, a new employment with another employer may be carried out only on the basis of the written consent of the previous employer, which is submitted by the new employer to the General Inspectorate for Immigration.
The provisions of the previous paragraph do not apply if the termination of the individual employment contract occurred at the initiative of the previous employer or as a result of the agreement of the parties or by the resignation of the foreigner if the employer does not fulfill the obligations assumed by the individual employment contract, under the conditions provided by Law no. 53/2003 – Labour Code, republished, with subsequent amendments and additions.
For the issuance of the new employment permit, the criminal record of the foreigner issued by the Romanian authorities must be submitted.
The foreigner employed under the employment permit for seasonal workers can take up a new job with another employer only if the maximum period of stay as a seasonal worker has not been exhausted. The foreigner shall be employed in the new job on the basis of a new employment permit obtained by the employer under the terms of this Ordinance.
The new employment permit shall be issued without fulfilling the general conditions provided for in Article 4 paragraph (2) letter b), e) and f).
For the issuance of the new employment permit, the criminal record of the foreigner, issued by the Romanian authorities, shall be submitted.
Legal basis:
– Labor Code of 2003 (Law no. 53 of January 24, 2003) – Republished, with subsequent amendments and additions;
– EMERGENCY ORDINANCE (OUG) 143/2022 to amend article 17 of Government Ordinance no. 25/2014 regarding the employment and posting of foreigners on the territory of Romania and for the modification and completion of some normative acts regarding the regime of foreigners in Romania;
– OG 25/2014 regarding the employment and posting of foreigners on the territory of Romania and for the modification and completion of some normative acts regarding the regime of foreigners in Romania.