This newsletter highlights new developments in employment and labour law in Romania, namely:

  • new rules regarding the employment of foreign nationals in Romania;
  • reinstating the obligation to draw up internal rules and job descriptions for all employers, regardless of their legal form;
  • ECHR judgment in Moraru vs. Romania case: a height requirement in the recruitment process is discriminatory;
  • online access for employees or former employees to data from the general register of employees;
  • amendment of the amount of the unemployment allowance.

I. New rules regarding the employment of foreign nationals in Romania

Since when?

As of 28 October 2022, Government Emergency Ordinance no. 143/20221 entered into force, amending the provisions of Government Ordinance no. 25/20142 regarding the employment and posting of foreign nationals on the territory of Romania and establishing additional rules for foreign-national workers.

The regulation aims to protect the initial employer who carried out all necessary steps to obtain the employment permit and who incurred the corresponding costs by introducing additional conditions for changing jobs in case of foreign-national employees.

Thus, the legislator wants to encourage a unitary workflow at the national level, given that incorrect practices were observed on the labour market, which frequently appeared when a foreign national was employed by another employer other than the one that obtained the initial or previous employment permit.

To whom do the new rules apply?

The new regulations target foreign nationals employed based on an employment permit. Exempted categories: seasonal workers.

What are the new rules?

The following conditions are introduced if the foreign national employed based on a work permit wants to take a new job with another employer:

  • the new work permit will be issued to the other employer, provided that all general, and if required, special conditions provided by the legislation for issuing such a notice are met; Note: if the new employment notice is issued to the same employer, it is not necessary to fulfil all the general, and if required, special conditions provided by the legislation, as an easier procedure is provided.
  • if less than 1 (one) year has passed from the moment of registration of the individual employment agreement concluded with the previous employer, the written consent of the previous employer is required to take a new job with another employer. The written agreement of the previous employer must be submitted to Romania's General Inspectorate for Immigration.

Exceptions: the previous employer's agreement is not required if the termination of the employment agreement occurred in any of the following situations:

  • at the initiative of the employer
  • by mutual agreement of the parties, or
  • by the foreign national's resignation, if the employer has not fulfilled the obligations assumed under the individual employment agreement.
  • for the issuance of the new employment permit, the criminal record of the foreign national issued by the Romanian authorities must also be submitted.

Our recommendations

We recommend employers who wish to hire or terminate the employment of foreign-national employees to carefully consider each particular situation, as they may be subject to additional legal obligations, including formalities with the General Inspectorate for Immigration.

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Footnotes

1. Government Emergency Ordinance no. 143/2022 for the amendment of Article 17 of Government's Ordinance no. 25/2014 regarding the employment and posting of foreigners on the territory of Romania and for the amendment and completion of some normative acts regarding the regime of foreigner nationals in Romania, published in the Official Gazette no. 1049/28.10.2022

2. Government Ordinance no. 25/2014 regarding the employment and secondment of foreigners on the territory of Romania and for the modification and completion of some normative acts regarding the regime of foreigner nationals in Romania, published in the Official Gazette no. 640/30.08.2014.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.