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Romania: New Work Permit, Employment Contract, and Notification Rules Apply

April 8, 2024

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  • RomaniaRomania

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At a Glance

  • Effective March 22, 2024, Romania has implemented new employment contract, work permit, and change-of-circumstance notification rules. Specifically:
    • Employers sponsoring foreign nationals on long-stay visas must now finalize individual employment contracts within 15 business days of a foreign national’s entry into Romania or their receipt of a new work permit.
    • To obtain a work permit for a permanent foreign national employee, employers must now carry out activities in the same field as the position to be filled for at least one year.
    • Employers must now notify authorities about the termination or suspension of any employment or secondment relationship within five business days.
  • In light of these changes, businesses may need to review (and likely tighten) their internal administrative frameworks and timelines.

The situation

Effective March 22, 2024, Romania has implemented new employment contract, work permit, and change-of-circumstance notification rules.

A closer look

 

DETAILS IMPACT

Employment contracts for long-stay visas. 

Employers sponsoring foreign nationals on long-stay visas must now finalize individual employment contracts within 15 business days of a foreign national’s entry into Romania or their receipt of a new work permit. Previously, employers could conclude the employment contract at any point within the validity period of the long-stay visa. Employers who fail to follow the new rules may see the foreign national’s long-stay visa revoked and could be fined between RON 5,000 to RON 10,000.

Employers must ensure that employment contracts are promptly signed and finalized with their foreign national employees. Legal and human resources teams may need to restructure their internal administrative timelines with respect to onboarding of foreign talent. 

Relevant field of work. 

To obtain a work permit for a permanent foreign national employee, the employer must now have been carrying out activities for at least one year in the same field as the position to be filled. Previously, there was no such requirement. 

Some employers may now find themselves facing delays in being able to source permanent foreign workers, particularly for new businesses, as well as existing companies that are pursuing new service lines or opportunities.  

New notification timelines. 

  • Employers must now notify authorities about the termination or suspension of any employment relationship within five business days, as opposed to the previous 30 days. Failure to do so will result in a fine ranging from RON 100 to RON 500.
  • Foreign nationals must now notify authorities about any change in employment circumstances within three business days of the event, as opposed to the previous 30 days and any change in certain personal circumstances within 10 days of the event (down from the previous 30 days).
  • Foreign nationals must report any modifications (including extensions) to a passport within 10 days of the event, as opposed to the previous 30 days; and any theft or loss of such document within 48 hours. 

With employers and employees now facing shortened notification timelines, diligent businesses should ensure they both tighten their internal administrative timelines as well as provide adequate onboarding training to newly-arrived foreign talent. 

Background

These changes are part of efforts to make businesses and foreign nationals more diligent in complying with immigration requirements.

Looking ahead

It remains to be seen if Romanian authorities will implement further restrictive policies with respect to notifications, work contracts and work permit eligibility. These restrictive trends run counter to recent efforts to relax the country’s EU Blue Card framework (in line with the European Union’s revised EU Blue Card directive), highlighting a volatile legislative landscape.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

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  • RomaniaRomania

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