Topic 2 Information on permits and requirements for working in Romania
- The applicable legislation states: “Annually, a Government Decision establishes the number of work authorizations that can be issued for foreigners, in keeping with the provisions of the special legislation regarding the employment and posting of foreigners in Romania.”
- Work authorization is the official document, issued with the applicable legislation, which gives its holder the right to be employed or posted in Romania, by one employer and in one position.
- You have the right of permanent/long term residence (established domicile) in Romania.
- You received a form of protection in Romania (refugee or subsidiary protection).
- You are a family member of a Romanian citizen and you have a residence permit that states this purpose.
- If you come from a country with which Romania has concluded bilateral agreements, conventions or understandings regarding the access to the labour market.
- If you carry out didactic, scientific, cultural or other specific temporary activities in accredited or temporary licensed line institutions in Romania, based on bilateral agreements.
- If you have a right of residence to carry out scientific research activities, you are part of specialized staff, on the basis of the Education, Research, Youth and Sports Minister’s Order and if you carry out artistic activities in cultural institutions in Romania, on the basis of the order issued by the Minister of Culture and National Heritage.
- If you will carry out temporary activities, requested by ministries or other bodies of the central or local public government, our by autonomous administrative authorities.
- If you are head of branch, representative office or outlet in Romania of a company based abroad, in keeping with the documents stipulated by the Romanian legislation in the field.
- If you are employed by legal persons based in one of the countries members of the EU, the EEA or the Swiss Confederation, posted in Romania, provided you have a residence permit from that country.
- If you are an asylum seeker, after one year since the asylum application was filed, if you are undergoing the protection granting procedure.
- If you are at sufferance, for the period for which you were granted sufferance to remain on Romanian soil.
- You come from a country with which Romania has concluded agreements, conventions or understandings on visa wavering or for which Romania has unilaterally wavered visas.
- You benefit from a right of temporary residence for family reunification, granted in keeping with the legislation regarding the status of foreigners in Romania.
- You benefit from a right of temporary residence for studies and you request employment based on a part-time (maximum 4 hours a day) individual employment contract;
- You are posted to Romania.
CATEGORIES OF EMPLOYEES
Depending on the type of business you want to pursue in Romania, you can be hired as:
foreigner employed in Romania with individual contract of indefinite duration or fixed term concluded with an employer based on the work permit.
foreigner employed on the territory of Romania on the basis of a vacancy notice, a holder of a higher education diploma or a form of higher education in a third country, who participates on the territory of Romania for an internship program of a determined duration with the purpose of improving vocational training or obtaining a vocational qualification, as well as improving language skills and cultural knowledge.
foreigner who maintains his main residence in a third country, but legally and temporarily lives in Romania, being employed on the territory of Romania with an individual fixed-term employment contract, concluded with an employer on the basis of the employment notice, in order to provide an activity that takes place according to the succession of the seasons.
the foreigner, citizen of a state which has a common border with Romania and lives in the border area of the respective State, employed in a border town on the Romanian territory with individual contract of indefinite or limited duration, concluded with an employer, based on the work permit.
foreigner employed in Romania on a highly skilled job, with individual contract of indefinite duration or fixed term of at least one year concluded with an employer based on the work permit.
the qualified foreigner temporarily deployed from a company established in a third country, who is and remains employed with a valid work contract to a beneficiary of the supply of services belonging to that enterprise or to the same group of companies from where the posting is done or which has signed a contract involving the posting of its employee on the Romanian territory.
(person transferred within the same company)
the foreigner who lives in a third country at the date of submission of the application for the posting permit and who is subject to a transfer within the same company.
foreigner temporarily employed by a host family on the territory of Romania to improve their language skills and competencies in exchange for easy domestic and childcare.
→ When the work authorization is issued, the employer must pay the equivalent in RON of 200 Euro for permanent, posted, cross-border, nominal workers, interns and athletes, and the equivalent in RON of 50 Euros for students and seasonal workers.
- The General Inspectorate for Immigration processes the applications for the issuance of the work / deployment permit within 30 days from the date of its registration. In cases where further checks are required, the deadline may be extended by 15 days.
- it is subsequently found that at the date of issue of the work/posting permit the conditions stipulated by the Ordinance in this regard were not met.
- it is subsequently found that the work/deployment permit has been obtained on the basis of false or forged documents.
- the employer/beneficiary the services does not collect the work/deployment permit within 30 days from the date scheduled for the settlement of the demand for the General Inspectorate for Immigration.
- it is found that the conditions for the issuance of the work/deployment permit are no longer met at the date of obtaining the long stay visa.