Employment and secondment of foreigners in Romania

In the Official Gazette with the number 1049 of 28 October 2022 was published the Emergency Ordinance (OUG) no.143 of 28 October 2022 for the amendment of article 17 of the OG no.25/2014 regarding the employment and secondment of foreigners on the territory of Romania and for the amendment and completion of some normative acts regarding the regime of foreigners in Romania.

The foreigner employed on the basis of the employment permit, except for seasonal workers, may take up a new job, with the same employer or with another employer, at any time during the period of validity of the single permit or the EU Blue Card.

In the situations referred to in paragraph (1), the foreigner shall be employed in the new job on the basis of a new employment notice obtained by the employer under the terms of this Ordinance.

The new employment permit shall be issued to the same employer without the fulfilment of the general conditions provided for in Article 4 paragraph(2) letters (b), (e) and (f) and, as the case may be, without the fulfilment of 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.