Work permit in Romania


Work permit in Romania



  1. WORK PERMITS IN ROMANIA



Jurimed’s legal advisers are providing their support to any Romanian or foreign legal entity carrying out an activity in Romania to employ staff under an individual employment contract from the European Economic Area and EU Third Countries, by providing the following services:



For legal advice and assistance, please write to jurimedoffice@gmail.comor make an appointment by telephone: (+4) 0723.575.737.



BASIC INFORMATION:



Foreigners with legal residence in Romania may be employed only based on the employment approval issued by the General Inspectorate for Immigration competent for the area, where the registered office of the company employing the foreign citizen is located.



By way of exception, obtaining the employment approval for hiring foreigners in Romania is not required for the following categories of foreigners:



a) foreigners, whose free access to the labour market in Romania is established by treaties concluded by Romania with other states;

b) nationals of the European Union;

c) foreigners, who will carry out educational or scientific activities, or other categories of specific activities temporarily in specialized institutions that are accredited or provisionally authorized in Romania, based on bilateral agreements or as holders of a right of temporary residence for performing scientific research activities and specially qualified personnel, based on the order of the Minister of National Education, and the foreigners performing artistic activities in cultural institutions in Romania, based on the order of the Minister of Culture;

d) foreigners, who will carry out temporary activities in Romania that are requested by ministries or other bodies of the central or local public administration or by autonomous administrative authorities;

e) foreigners who are appointed as heads of a subsidiary, representative office or branch in Romania of a company based abroad, in accordance with the documents provided by Romanian legislation producing such proof;

f) foreigners holding a long-term right of residence in Romania;

g) foreigners holding a temporary right of residence for family reunions as family members of a Romanian citizen;

h) foreigners holding a temporary right of residence for studies;

i) foreigners holding a temporary right of residence granted pursuant to article 130 of Government Emergency Ordinance no. 194/2002, republished, as amended and supplemented;

j) foreigners who have previously received a right of residence in Romania for at least 3 years, as family members of a Romanian citizen, and who are in one of the situations provided in article 64 paragraph (2) of Government Emergency Ordinance no. 194/2002, republished, as amended and supplemented;

k) foreigners who were granted a form of protection in Romania;

l) asylum seekers from the date, when they are entitled to gain access to the labour market according to Law no. 122/2006 on asylum in Romania, as amended and supplemented, if they are still in the procedure of determining a form of protection;

m) tolerated foreigners for as long as they have been given a tolerated status to stay in Romania;

n) Foreigners holding a temporary right of residence for studies may be employed in Romania without an employment approval only under an individual part-time employment contract with a maximum working time of 4 hours a day.

The employment approval is issued by the General Inspectorate for Immigration at the employer’s request, if the general and special conditions stipulated by law are met depending on the type of worker.



The general conditions for the issuance of the employment approval are the following:



a) the employer – legal entity, authorized individual or family enterprise is actually conducting the activity for which it seeks the foreigner’s employment;

b) the employer has paid all taxes to the state budget for the last quarter prior to submitting the application;

c) the employer has not been finally sentenced for an offense covered by the Labour Code or for an offense against a person committed intentionally, stipulated by the Law no. 286/2009 on the Criminal Code, as amended and supplemented, hereinafter the Criminal Code;

d) the employer has not been sanctioned for illegal employment in the last 3 years preceding the application;

e) the annual quota o types of newly admitted workers on the labour market established by the Ministry of Labour, Family, Social Protection and Seniors according to the labour migration policy and taking into account the labour market situation in Romania has not been exhausted;

f) the foreigner, whom the employer intends to employ, meets the requirements provided in article 6 paragraph (1) letters a), e), g) and h), article 11 and article 27 paragraph (2) letters c) and e) of the Government Emergency Ordinance no. 194/2002, republished, as amended and supplemented, is not in any of the cases of interdicting the entry in Romania, provided for in article 8 paragraph (1) letters b)-d) of the Government Emergency Ordinance no. 194/2002, republished, as amended and supplemented.



SANCTIONS AND CONTRAVENTIONS:



Receiving for work purposes of up to 5 foreigners without the right to work in Romania constitutes the contravention provided in article 260 paragraph (1) letter e) of the Labour Code.

If this contravention related to receiving for work purposes of foreigners illegally staying in Romania, one or more of the additional civil sanctions can be applied:

a) total or partial loss of the right of the employer/beneficiary of the rendered services to receive public benefits, aids or subsidies, including EU funding managed by Romanian authorities for a period of up to 5 years;

b) prohibiting the right of the employer/ beneficiary of the rendered services to participate in the award of a public procurement contract for a period of up to 5 years;

c) full or partial recovery of the public benefits, aids or subsidies, including EU funds managed by the Romanian authorities, which were granted to the employer/ beneficiary of the rendered services for up to 12 months before ascertainment of this deed;

d) temporary or permanent closure of the place(s) of business, where the contravention was committed, or the temporary or permanent withdrawal of the license to conduct the professional activity in question, if justified by the severity of the infringement.

The ascertainment of contraventions and application of sanctions provided in articles 35 and 36 are made by the workers of the General Inspectorate for Immigration and by the labour inspectors of the territorial labour inspectorates.