If you want to hire a person who is not in the European Union or in the European Economic Area, you must know that the procedure lasts between 30 and 60 days.
As a future employee in Romania there is nothing for you to do before hiring, the future employer is dealing with the procedure, the employer shall obtain from the General Inspectorate for Immigration a work permit for the future employee from the county where their headquarters are. The work permit is obtained for the company, and it must contain the following: company name,the name of the future employee, the position, and work permit type (for permanent worker or for seasonal worker).
Depending on the work permit type chosen, the employer will pay a tax at the state treasury, as follows:
- 200 Eur (the equivalent in RON) for permanent work permit;
- 50 Eur (the equivalent in RON) for seasonal work permit;
List of necessary documents for obtaining the work permit for non–EU citizens:
- Detailed request to the General Inspectorate for Immigration to support your choice, respectively to bring into attention the qualities of the person you are going to hire, which might be the advanced knowledge of the foreign language that the post requires, the specialty studies in the field, the experience in the field;
- The employer should make available copies of Fiscal Identification Code, ascertaining certificate, tax attestation certificate;
- The Employment Agency certificate, the procedure is described below;
- Proof that the vacancy has been posted online, on the official recruitment sites and a copy of the recruitment report showing that it did not find the suitable candidate;
- The receipt through which the treasury fee was paid. If the fee is paid through online banking, it must be signed / stamped by the state treasury;
- The organizational chart of the company including the vacancies;
- Job description of which the work permit is requested for
- The employment offer approved / signed by the foreign citizen;
- Personal Declaration of responsibility of the foreign citizen, written in Romanian or English, that he/she is medically fit, as a proof that the foreigner has a minimum knowledge of Romanian or knows an international language;
- The foreigner’s employment documents: CV / Resume, 2 photographs ¾, the attested educational certificates in the field, border crossing documents (passport), criminal record or other similar document proving that he has no criminal record.
How to get the certificate from the Employment Agency
The employer must inform the employment agency about the job vacancy. For this, the employer submits the job vacancies, Annex 1A – mandatory in Romanian, completed in accordance with the requirements of the job (studies, foreign languages), and will be filled in with “Yes” in the “valid offer for EU citizens” column, and the validity of the offer must be at least 5 business days from the date the offer is submitted.
Together with the list of vacancies an application must be submitted also, for the issuance of the necessary certificate to the General Inspectorate for Immigration and a POA (power of attorney) plus identity card copy for the person who will pick up the certificate.
Based on this list, the Employment Agency will issue a certificate to the employer that must be a part of the file for obtaining the work permit.
How long it takes for work permit to be issued?
The work permit is issued within 30 days from the date of submitting the application and can be extended by up to 15 days if the file is incomplete.The work permit is valid only for the employer and the position for which it was released, if the position changes, the employer must inform the General Inspectorate for Immigration and pay the equivalent of 50 Eur in RON
Can the foreign citizen have more than one employment contracts in Romania or can he/she change their job ?
If the employer changes the position of the employee without announcing the General Inspectorate for Immigration, it risks cancellation of foreigner’s work permit. In this situation, the General Inspectorate for Immigration informs the employer in writing of his obligation to take measures to expatriate the foreign citizen within 10 days. From the moment of the notification from the General Inspectorate for Immigration, the employer is obliged to suspend the foreign citizen’s contract and to repatriate him.
If the non-EU citizen changes his employer, the future employer must obtain another work permit for him.
If the employee had a fixed-term employment contract and it is extended under the Labor Code with the maintenance of the other unchanged elements, there is no need to request another work permit.
Foreign citizens with seasonal work permit who are employed on a full-time basis may have part-time employment contract with a maximum of 4 hours a day with another employer, without a work permit.
Foreigners who have a temporary residence permit for studies may be employed without a work permit but only with part-time employment contract with a maximum of 4 hours a day.
Based on work permit, the employer signs the individual labor contract with the non-EU citizen and sends it to Revisal, and the foreign citizen will have the same rights and obligations as the Romanian employees and will comply with the Romanian legislation. The minimum wage that a non-EU citizen could have in Romania for full time employment contract, is equal to the medium country’s salary, 4162 RON at this time.
The employer places the work permit at the disposal of the foreign citizen and the foreign citizen personally goes to the diplomatic missions or consular offices of Romania to obtain the long-term residence permit for work, on which he/she will receive personal identification number (PIN).
Foreign citizen’s PIN begins with 7 for men and 8 for women.
Once they have a work permit in Romania, foreign citizens must go to a general physician known as a family doctor and let the employer know which health care institution he/she belongs to.
Based on the PIN, foreign citizens are declared monthly at ANAF through the 112 statement and they are insured for health, pensions and unemployment system.
Are there people who do not need to follow the procedure for obtaining a work permit?
Yes, there are. The following categories do not need to meet the requirements above in order to obtain a work permit. If:
- you are the only administrator of a company with foreign participation;
- you are a professional athlete and you have proof that you pursued a similar activity in another country;
- you seek a work permit for cross-border workers;
- you seek a work permit for seasonal workers;
We are waiting for your questions and our consultants will answer you.
Gabriela is a HR expert with more than 10 years experience