Update of Law regarding the status of foreign individuals in Romania

Update of Law regarding the status of foreign individuals in Romania

Government Ordinance no 25/2014 regarding the employment and secondment of foreigners in Romania and for amending certain laws on foreigners in Romania was published into Official Gazette no 640/30.08.2014

Main provisions:

Employment and secondment of foreigners in Romania

As a general rule, employers have the obligation to obtain a notice of employment / secondment (i.e. permit) in order to employ a foreigner and there are provided cases in which foreigners may be employed without employment permits
For example, it is not necessary to obtain the employment permit for foreigners whose free access to the labor market in Romania is established by treaties signed by Romania with other states.

Foreigners employed by legal entities domiciled in a Member State of the European Union or the European Economic Area or the Swiss Confederation can be seconded in Romania without obtaining the secondment permit, under the condition of presentation of the residence permit in that state.

Employment permit is issued by the General Inspectorate for Immigration at the request of the employer if certain general conditions are met as well as special conditions supported by documents, depending on the type of worker.

For the issuing of secondment permit it is necessary, in addition to the request, a copy of the contract for the provision of services registered to the competent tax authority.

Among the general conditions we mention:

– the employer to effectively perform the activity for which it requested the employment of foreigner (to be proved with Certificate of Registration from Trade Register);
– the employer to have paid to the state budget all the due debts in the last quarter, prior to submitting the request (to be proved with tax certificate);
– the employer has not been convicted of an offense by final decision (to be proved with judicial record).

Among the special conditions we mention:

– all the diligency have been made to fill the vacancy (to be proved with organization chart, proof of publication of a notice to fill the vacancy);
– the employer intends to hire a foreigner with full time labor contract (to be proved with firm offer of employment);
– the foreigner meets the professional qualification requirements (to be proved with curriculum vitae authorization document, judicial record).

Ordinance regulates in detail the employment of foreigners as:

– permanent workers;
– trainees;
– seasonal workers;
– cross-border workers;
– highly skilled workers;

Beneficiary of provision of services to which secondment takes place transmits to the territorial labor inspectorate a communication on seconded foreign employees, within 5 days after starting their activity in Romania.

Failure to transmit the communication is fined from 1,000 to 2,000 lei.

When obtaining employment / secondment permits, the employer / beneficiary of the services pays the equivalent of EUR 200 and the when obtaining the permit for seasonal workers it should be paid the equivalent of EUR 50.

Ordinance amends two regulations on foreigners in Romania

– Government Emergency Ordinance no. 194/2002 on foreigners regime in Romania
– Law no. 157/2011 amending certain laws concerning foreigners regime in Romania.

Ordinance enters into force 90 days after publication date. From the date of its entry into force, OUG no. 56/2007 on the employment and secondment of foreigners in Romania is repealed.

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