Employment of foreign citizens in Romania

1. Who is considered a foreign citizen in Romania?

In Romania, an EU member state, it is considered foreign citizen any person who does not hold:

• Romanian citizenship
• Citizenship of an EU/EEA member state
• Swiss citizenship

Examples: Workers from Nepal, India, Sri Lanka, Vietnam, Pakistan, Philippines, Turkey, Moldova (non-EU), African states.

They can work legally only based on:

1. Work permit (issued by the General Inspectorate for Immigration)
2. Residence permit for work purposes

Legal basis: Art. 36 of the Labor Code (Law 53/2003)

2. The legal framework – what you need to know

Main legislation:

• OG 25/2014 – regarding the employment and posting of foreigners on the territory of Romania
• Law 53/2003 – Labor Code
• Law 122/2006 – on asylum and international protection
• Government Decree 132/2022 – establishing the annual quota

Categories of foreign workers:

3. Annual quota – legal employment limit

For 2025: 100,000 new opinions (GD 132/2022)

What does this mean?

• National ceiling for new entries on the labor market
• NOT includes renewals of existing permits
• NOT includes highly qualified workers (Blue Carnet)
• When it runs out → the issuance of new permits is suspended

Contingent check: igi.mai.gov.ro – Statistics section

4. Who submits the application? Step-by-step procedure

 IMPORTANT: The employer submits the application, NOT the worker!

Stage 1: Preparation of the file

Employer documents:

• Company registration certificate (max. 6 months old)
• Tax certificate (no debts to the budget)
• Company criminal record (max. 6 months)
• Proof of work space (lease/ownership contract)
• Proof of financial capacity (balance sheet)
• Declaration on your own responsibility (IGI model)

Documents of the foreign worker:

• Valid passport (min. 6 months)
• Diploma of studies legalized and apostilled
• Criminal record certificate from the country of origin
• Detailed CV
• Medical certificate
• Proof of professional qualification (if applicable)

Stage 2: Labor Market Test (LMT)

MANDATORY for general functions (unskilled worker, cook's assistant, etc.)

The employer must prove that Did NOT find Romanian/EU candidates by:

• Publish AJOFM advertisement (min. 30 days)
• Publication on your own website or recruitment platforms
• Keeping evidence (screenshots, lists of rejected candidates)

EXCEPTIONS (without TMM):

• Jobs from Shortage Occupational Lists (e.g. IT, construction, transportation)
• Highly skilled workers
• Intra-company transfers
• Key personnel from companies with investments > EUR 2 million

Stage 3: Submitting the application

Where: IGI – Bucharest County/Municipality Center Online: ecitizen.igi.mai.gov.ro

Taxes (2025):

• Employment notice: 100 EUR (RON equivalent)
• Residence permit: 120 EUR
• EU Blue Card: 250 EUR

Settlement deadline: 30 working days (can be extended to 60 days)

Step 4: Obtaining the visa

After approval of the opinion:

1. The worker applies for long-stay visa (type D) at the Romanian embassy/consulate in the country of origin
2. Present the employment notice + proof of accommodation in Romania
3. Duration: 15-60 days

Stage 5: Entry into Romania and residence permit

In 30 days from the entrance:

• The worker applies for residence permit at IGI
• Present: passport, visa, employment notice, criminal record, medical insurance, proof of residence

Residence permit: valid for 1 year (renewable 90 days before expiration)

5. Special situations – when approval is NOT required

I can work. without employment notice:

 -Citizens with long-term residence permit in Romania
 -Family members of Romanian citizens
 -Family members of EU citizens residing in Romania
 -Refugees and beneficiaries of subsidiary protection
 -Foreign students (max. 6 ore/zi)
 -Holders of an EU Blue Card issued by another member state
 -Workers posted by EU companies (max. 1 year)

Careful: Even if a permit is not required, they must have a valid residence permit!

6. Individual employment contract

Mandatory legal requirements:

 Format:

• Written in Romanian language (required)
• Certified translation in a language understood by the employee (recommended)
• 2 original copies (one for each party)

 Registration:

• Revis – before starting the activity
• Failure to declare = fine 20,000 – 40,000 RON

 Minimum mandatory content:

• Identity of the parties
• Place of work (exact address)
• Function and duties
• Contract start date
• Duration (determined/indefinite)
• Working time duration
• Gross salary and components
• Vacation leave
• Rights and obligations of the parties

Guaranteed rights (identical to those of Romanian employees):

 Guaranteed gross minimum wage (2025: 4,050 RON)
 Daily rest: min. 12 consecutive hours
 Weekly rest: 2 consecutive days (usually Saturday-Sunday)
 Annual leave: min. 21 working days
 Days off on public holidays: 15 days/year
 Equal treatment (without discrimination)
 Safe working conditions (OSH)
 Education training
 The right to join a union
 Protection in case of dismissal (notice, compensation)

7. Working time and overtime

Regular schedule:

• 8 hours/day
• 40 hours/week
• Max. 48 hours/week (including overtime)

Additional work:

 Only with written consent of the employee!

Limits:

• Max. 8 hours/week
• Max. 360 hours/year (480 hours with the employee's consent)

Compensation:

• Adequate free time + 50% increase OR
• 75% salary increase (Monday-Friday)
• 100% increase (Saturday-Sunday, holidays)

8. Recognition of diplomas and qualifications

For employment:

Body: CNRED (National Center for Recognition and Equivalence of Diplomas)
Website: cnred.edu.ro

Procedure:

1. Submitting an online/physical file to CNRED
2. Documents: diploma certified (Hague apostille) + certified translation
3. Fee: 150-500 RON (depending on the type of diploma)
4. Term: 30-90 days

Types of recognition:

• Academic recognition (for further studies)
• Recognition for employment purposes (for unregulated professions)
• Professional recognition (for regulated professions: doctor, engineer, architect)

 CAREFUL: Recognition for employment purposes NOT it is automatically valid for continuing your studies!

Regulated professions (requires additional authorization):

• Doctor, nurse, pharmacist
• Lawyer, notary, bailiff
• Architect, civil engineer
• Chartered accountant, financial auditor
• Professor

Info: pecp.cnred.edu.ro – National Contact Point for Regulated Professions

9. Accommodation and employer obligations

 The employer is NOT legally obligated to provide accommodation, BUT:

1. Proof of residence is mandatory for the residence permit
2. In practice, employers provide accommodation to attract candidates

Options:

• Rent from salary (individual rental contract)
• Free insurance (employer expense)
• Service dormitory

Average cost: 200-600 RON/person/month (depending on city and conditions)

Registration at the address:

In 30 days from the entrance:

• The worker + the owner show up at Population Records (DEPABD/SPCLEP)
• Or online: ecitizen.gov.ro
• No registration = fine for owner and worker

10. Tax and social security obligations

The employer pays (as for any Romanian employee):

Total costs: Gross salary × 1.0225 (as for any employee)

Private medical insurance (optional, but recommended):

Cost: 30-100 EUR/month/person
Advantages:

• Quick access to medical services
• Private hospitals
• Translators available

11. Common problems and how to avoid them

 Common mistakes made by employers:

1. Unlawful work

Consequences:

• Fine: 20,000 – 30,000 RON for each person
• Suspension of activity: 3-6 months
• Criminal liability (art. 264 Criminal Code)
• Interzicerea angajării de străini: 6 luni.

2. Fake part-time contract (works full-time, declared part-time)

Consequences:

• Tax evasion → criminal liability
• Undeclared work → ITM fines
• The risk of losing permits for all foreign workers

3. Untranslated contracts

Problems:

• The employee does not understand the clauses → disputes
• Weak evidence in court
• Complaints to ITM

Solution: Certified translation into the employee's language (English, Hindi, Bengali, etc.)

4. Failure to grant legal leave or rest

Consequences:

• ITM fines: 10,000 – 20,000 RON
• Labor disputes
• Complaints to IGI → risk of losing approvals

5. Passport retention

LEGALLY PROHIBITED!

• is human trafficking (art. 210 Criminal Code)
• Punishment: 3-10 years in prison

12. Termination of the employment contract

Situations:

A) At the employer's initiative:

• Notice: 20 working days (or according to CIM)
• Compensations:
  
  • Disciplinary dismissal: 0
  • Dismissal for non-attributable reasons: according to CCM/CIM

B) At the employee's initiative:

• Notice: according to CIM (min. 15-20 days)
• Can leave without notice in case of serious abuses

C) Consequences for the residence permit:

 VERY IMPORTANT:

1. The employer must notify IGI within 15 days since the cessation
2. The worker has 60 days to find a new job
3. The new employer applies for transfer notice
4. If not found within 60 days → forced to leave Romania

Exception: If he/she has worked legally for > 1 year, he/she can apply extension of work search permit (max. 6 months)

13. Practical examples and estimated costs

EXAMPLE: Hiring an unskilled worker from Nepal

+ Monthly costs:

• Salary: 4,050 RON (minimum) + contributions → ~900 EUR/month total employer
• Accommodation (if provided): 50-150 EUR/month
• Total: 1,000-1,050 EUR/month

14. Sanctions – what the employer risks

Controls: ITM, IGI, Border Police, Financial Guard

15. Useful official resources

Institutions:

 General Inspectorate for Immigration (IGI)

• Website: igi.mai.gov.ro
• Online portal: ecitizen.igi.mai.gov.ro
• Info: 021.313.05.00

 Labor Inspection (ITM)

• Website: labor inspection.ro
• Green: 0800.080.689

 CNRED (Diploma Recognition)

• Website: cnred.edu.ro
• Email: office@cnred.edu.ro

 AJOFM (Employment Agency)

• Website: anofm.ro
• Find the AJOFM of your county

 Revisal (Electronic Register)

• Portal: revisal.gov.ro

Online legislation:

• legislation.just.ro – all updated laws
• monitor.gov.ro – Official Gazette

16. Frequently Asked Questions (FAQ)

1. How much does it cost in total to hire a foreign worker?

Initial investment: 1,400 – 4,400 EUR (depending on country of origin and if you use an agency)
Monthly: ~1,000-1,150 EUR (minimum wage + contributions + accommodation)

2. How long does the whole process take?

6-9 months from the moment of the decision until the worker actually starts work:

• Recruitment + TMM: 1-2 months
• Notice: 1 month
• Visa: 1-2 months
• Residence permit: 1 month

3. Can the foreigner work before the permit?

NOT! Working without a valid permit and permit is unlawfully → fines + suspension of activity + expulsion of the worker.

4. Can I hire without taking the labor market test?

YES, if:

• The function is in List of shortage occupations (check on the MMPS website)
• He is a worker. highly qualified (salary > 2x national average)
• It is intra-company transfer

For the rest of the functions → the test is compulsory.

5. What happens if I no longer need the employee after receiving the notice?

You can legally terminate the contract (with notice), BUT:

• I have to notify IGI within 15 days
• Lucrătorul trebuie să plece din România sau să găsească alt angajator în 90 zile

6. Can a foreign student work full-time during vacation?

NOT. Limit of 6 ore/zi applies all year round, including holidays.
Exception: After completing his studies, he has 9 months to find a full-time job and obtain a permit.

7. Who pays for transportation and accommodation?

Legal: There is no obligation for the employer.
Practical: Most employers provide them to attract candidates. It is possible to negotiate:

• Free (employer expense)
• With payment from salary
• Free transportation + rent from salary

8. What happens if the employee leaves early?

If EMPLOYEE terminates the contract:

• Has the right (subject to notice)
• Trebuie să-și găsească alt angajator în 90 zile
• He can leave Romania at any time.

If flees (no one announces):

• Enter illegality
• IGI cancels his license → he becomes wanted
• Angajatorul trebuie să anunțe in 15 zile IGI pentru a evita sancțiuni 

9. Do I need to provide a translator at work?

It is not legally binding., but it is highly recommended:

• For OHS training (mandatory)
• For daily communication
• To avoid accidents

Solutions:

• Hire a coordinator who speaks their language
• Use translation apps
• Romanian courses for employees

10. Can I bring the worker's family to Romania?

YES, after the worker obtains the residence permit:

• Spouse and minor children can apply family reunification
• Must prove: sufficient income (salary > 2x number of family members) + adequate housing
• The process takes: 6-12 months
• Family members I can work. after receiving a residence permit (without separate notice)

17. Conclusion

The employment of non-EU foreign citizens in Romania is a process legal, but complex, which requires:

 -Precise knowledge of the legislation
 -Strict compliance with procedures
 -Preparation time (4-6 months)
 -Initial financial investment
 -Careful adherence to deadlines

When is it worth hiring foreign labor?

 Chronic staff shortages in certain areas
 Seasonal workers (agriculture, tourism)
 Positions difficult to fill with Romanian candidates
 Rare technical specializations

Final recommendations:

1. Plan ahead – the process takes months, not weeks
2. Consult a specialist – errors are expensive
3. Obey the law – the sanctions are severe
4. Integrate the team – Romanian language courses, cultural mediator
5. Document everything – for controls and litigation

Legal disclaimer: This guide is of general informational nature. For specific situations, consult a lawyer specializing in labor and immigration law or contact IGI and ITM directly. Legislation changes periodically – always check the updated version on legislation.just.ro.

For assistance in the recruitment and legal integration of foreign workers, including the complete management of administrative procedures, GlobalWorker OFFERS services specialized consultancy.

 Contact: office@globalworker.ro

 Phone: +40730034044

 Web: www.GlobalWorker.ro