Romanian Residency and Employment Rules Change for Foreigners

As a law firm in Romania many of the queries we have to deal with are in relation to employment matters as well as residential issues.  Foreign investors and local companies hire or have seconded to them employees from outside Romania.

Romanian legislators have kept up with this trend and recently adopted Government Ordinance no. 25/2014, published on the Official Gazette on 30th August 2014.  The effects of this Ordinance enter into force on 28th November this year.

Government Ordinance no. 25/2014 transposes the Directive 2011/98/EU of the European Parliament and regulates the access of foreign citizens to economic activities or professional activities and employment in Romania.

The provisions of the Ordinance repeal the current legal provisions regarding the employment of foreign citizens stipulated on the Emergency Ordinance no. 56/2007.  The new Ordinance does though still keep the concepts based on Emergency Ordinance no. 56/2007.

Upon reading the text it is clear from the start that the the legislator has tried to enlarge the sphere of the people who will not need a notice of employment issued by the General Inspectorate of Immigration in order to conclude a labour contract in Romania.

New situations have been added, for example, when the notice of employment is no longer necessary: foreigners whose free access to the labour market in Romania is established by treaties concluded between Romania and other countries; foreigners holding long-term residence permit in Romania; foreigners holding temporary stay permit for family reunification purposes if they are family members of a Romanian citizen; victims of human trafficking or trafficking in migrants; sponsor`s family members, after coming of age; sponsor`s family members after the death of the sponsor or after a divorce provisions is announced which alters the status of the parties.

According to the new provisions there will no longer be requested an employment notice to foreigners who have already have a right to reside in Romania for study purposes.  They can be employed without obtaining the employment notice if they conclude part-time labour contracts. (4h/a day).

The procedure for obtaining the employment notice is not so different from the procedure of the work permit authorization. The employer must submit an application to the General Inspectorate of Immigration together with other documents.  Unlike in the current regulations now new documentation is necessary.  These are the employer’s criminal record which must show that there has been no conviction against him for offenses provided by the Labour Code , or any offense committed with intent against an individual. Another legal request regarding the employer consists in not being sanctioned in the last three years for facts related to the employees register.

There is a novel provision regarding the long stay visa for developing professional activities, according to special legislation. The future provisions will regulate the liberal professions (lawyers and doctors for example), as activities for which the foreigner can obtain a long stay visa, presenting the following documents: the proof of fulfilling the legal conditions in order to develop the profession; the proof that the foreigner develops the same activity in his country; medical insurance during visa validity period; a criminal record or any other document having the same juridical force.

As the law currently stands Government Ordinance no. 25/2014 regulates the detachment of foreigners in Romanian. The main change in this sector consists in including the citizens employed in Switzerland in the exception area, meaning the category of citizens who do not need a detachment notice if they are detached in Romania. Together with these citizens are still foreigners who are employed in states who are members of the European Union or in states member of European Economic Area.

Finally I must mention that the future dispositions will introduce a new identification document called “single permit” stating the right of residence and work in Romania for the foreigner citizen, which shall be issued by the Inspectorate General for Immigration.

So Romania moves further into integration into Europe and will continue to play its part in the full development of the Union, whatever that may be.

About Nicholas S Hammond

Nicholas is an English solicitor who has been practising in Romania since 1990. He has been a partner in a number of law firms in Romania as the principal partner. Hammond and Associates trading as Hammond Partnership is the culmination of many years experience.

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