Hiring a non-EU worker in Romania: steps and employer obligations

The legal framework and the competent authority

The employment of nationals from outside the European Union and the European Economic Area is governed mainly by Government Ordinance No. 25/2014 on the employment and posting of foreigners and by Government Emergency Ordinance No. 194/2002 on the status of foreigners in Romania. The employer deals primarily with the General Inspectorate for Immigration (IGI) through its regional offices.

In essence the procedure has three stages: the work authorisation (aviz de munca) obtained by the employer, the long-stay visa obtained by the worker in their home country, and the residence permit for work, also called the single permit, obtained after arrival in Romania. The rules change frequently, so always check the version in force on the date of filing.

Stage 1: the work authorisation

The work authorisation is the document by which IGI allows a specific foreign national to be employed in a specific position by a specific employer. The application is filed by the employer, not by the worker. The employer must meet a number of general conditions, and the position must fall within the annual quota of newly admitted workers set by the Government.

The conditions usually relate to the company and the position, for example:

• the company actually carries out the activity for which it is hiring and has no outstanding debts to the state budget;
• the employer has not been sanctioned in the preceding period for undeclared work or illegal employment of foreigners, as provided by law;
• the vacancy has been advertised and the employer has carried out the recruitment steps required by law;
• the worker meets the training and experience requirements and has no criminal record incompatible with the job;
• the salary offered meets the minimum level set by law for that category of worker.

Stages 2 and 3: the long-stay visa and the single permit

Once the authorisation is issued, the worker applies for a long-stay employment visa at the competent Romanian embassy or consulate, within the validity period of the authorisation. The visa allows entry into Romania and the start of the residence procedure.

After arriving and signing the employment contract, the worker applies to IGI for an extension of the right of residence and for the single permit, before the visa expires and within the time limit set by law. The single permit certifies both the right to reside and the right to work for that employer, and it is renewed periodically as long as the conditions continue to be met.

Employer obligations after hiring

The process does not end when the permit is issued. The employer must continue to comply with the conditions under which the authorisation was granted. Key obligations include registering the contract in the national employee register, paying at least the declared salary and the statutory minimum, respecting working time and any accommodation conditions promised, and notifying IGI where the law requires it, for example when the contract ends.

Breaching these obligations can lead to fines and, in some cases, to the employer being unable to obtain new authorisations for a period of time.

Common mistakes

Many of these problems arise from haste or from unfamiliarity with the details. Having the file reviewed before submission can help avoid refusals and delays.

• letting the worker start before the single permit is issued, or in a position other than the one authorised;
• diplomas or proof of experience not translated or legalised as required;
• actual pay lower than the salary declared when the authorisation was obtained;
• failing to apply in time for the extension of the right of residence;
• relying on intermediaries who promise timelines or outcomes that nobody can guarantee.

What happens when the worker changes employer

The single permit is tied to a specific employer. If the worker wants to work for another company, a new work authorisation obtained by the new employer and an update of their right of residence are normally required. In recent years the legislation has also introduced additional restrictions, such as requiring the written consent of the first employer where the contract has lasted less than one year, subject to statutory exceptions, for instance where the contract was terminated by the employer.

These rules have been amended several times and may change again, including as a result of EU rules on the single permit. The specific situation should therefore be checked before the worker starts with the new employer. The information in this article is general, and every case requires individual analysis.

This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.