IGI | EMPLOYMENT AND POSTING

EMPLOYMENT AND POSTING

27 January 2022

If you want to work in Romania and have a citizenship of a country outside the European Union European, Economic Area and the Swiss Confederation? You have to find an employer and pass the tests required by them. If they decide to hire you, they will obtain the work permit. You can be employed in Romania by a single employer, person or entity.

The application for the issuance of the employment/secondment notice shall be submitted by the employer/beneficiary of the provision of services to any of the territorial formations of the General Inspectorate for Immigration. The documentation necessary to obtain the employment/secondment notice may be submitted by any person who has the capacity of legal representative of the employer/beneficiary of the provision of services, under the law.

To do so, they will submit a number of documents.

Conditions for obtaining the work permit

At the submission of applications for the work permit, the employer will pay as follows:

for the work permit for a permanent worker, deployed worker, cross-border worker, trainee worker,high-skilled, au pair, the employer will pay a tax in RON equivalent to 100 EUR
for the work permit for a seasonal workers, the employer will pay the equivalent in RON of 25 EUR
the equivalent in RON of 25 EUR if the employer intends to hire after graduation a foreigner who is a holder of a temporary residence permit for studies, or if he wants to hire a holder of a temporary residence permit for family reunification, as well as in case of change of employer, or change of function with the same employer

The original receipt will be submitted with the signature and seal of the treasury unit where the payment was made. In case the payment of the fee for the work / deployment permit was not made at a treasury unit, the State Treasury units will confirm by signature and seal on the documents of the payment that the respective amounts have been received in the appropriate accounts for income taxes of the state budget.

In the event of refusal to issue the employment/secondment notice, the employer/beneficiary of the provision of services recovers the fee paid, in accordance with the low.

If you do not have Romanian citizenship or citizenship of another member state of the European Union, European Economic Area or the Swiss Confederation you can work in Romania, with a work permit, if the following conditions are met:

The vacant positions cannot be filled by Romanian citizens of EU Member States / EEA or by permanent residents in Romania
You meet the specific training, work experience and authorization conditions
You prove that you are medically capable to engage in the respective activity
You do not have a criminal record incompatible with the work that you are doing or are going to exercise in Romania
You fall within the annual quota approved by Government Decision
The employer has no unpaid obligations to the state
The employer carries out activities compatible with the job for which the foreigner is required to work;
The employer / beneficiary of the service was not punished for undeclared work or illegal employment during the last 6 months prior to the settlement of the application for permanent / seasonal / trainees / cross-border / trained / au pair / detached / ICT workers.

You don’t have to meet the requirements stipulated at point 1 from above, if:

you are administrator of a company with foreign participation and you are the only person appointed to this position
you are a professional athlete and you have proof that you pursued a similar activity in another country
you seek a work permit for cross-border workers
you seek a work permit for seasonal workers

CATEGORIES OF EMPLOYEES

Depending on the type of business you want to pursue in Romania, you can be hired as:

– permanent employee – foreigner employed in Romania with individual contract of indefinite duration or fixed term concluded with an employer based on the work permit

– trainee worker – foreigner employed on the territory of Romania on the basis of a vacancy notice, a holder of a higher education diploma or a form of higher education in a third country, who participates on the territory of Romania for an internship program of a duration with a view to improving vocational training or obtaining a vocational qualification as well as improving language and cultural knowledge;

– seasonal worker – foreigner who maintains his main residence in a third country, but legally and temporarily lives in Romania, being employed on the territory of Romania with an individual fixed-term employment contract, concluded with an employer on the basis of the employment notice, in order to provide an activity that takes place according to the succession of the seasons;

– cross-border worker – the foreigner, citizen of a state which has a common border with Romania and lives in the border area of the respective State, employed in a border town on the Romanian territory with individual contract of indefinite or limited duration, concluded with an employer, based on the work permit

– highly qualified worker – # foreigner employed in Romania on a highly skilled job, with individual contract of indefinite duration or fixed term of at least one year concluded with an employer based on the work permit

– deployed worker – the qualified foreigner temporarily deplyed from a company established in a third country, who is and remains employed with a valid work contract to a beneficiary of the supply of services belonging to that enterprise or to the same group of companies from where the posting is done or which has signed a contract involving the posting of its employee on the Romanian territory.

– ICT worker (person transferred within the same company) – the foreigner who lives in a third country at the date of submission of the application for the posting permit and who is subject to a transfer within the same company.

– au pair worker – foreigner temporarily employed by a host family on the territory of Romania to improve their language skills and competences in exchange for easy domestic and child care.

Please check the conditions and necessary documents for obtaining the work permit, according to its type:

The General Inspectorate for Immigration processes the applications for the issuance of the work / deployment permit within 30 days from the date of its registration. In cases where further checks are required, the deadline may be extended by 15 days. The request for a work permit submitted by the employer of a holder of a EU Blue Card issued in another member state shall be settled within 15 days of receipt.

The work / posting permit is canceled by the General Inspectorate for Immigration in the following cases:

a) it is subsequently found that at the date of issue of the work / posting permit the conditions stipulated by the Ordinance in this regard were not met

b) it is subsequently found that the work / deployment permit has been obtained on the basis of false or forged documents

c) the employer / beneficiary the services does not collect the work / deplyment permit within 30 days from the date scheduled for the settlement of the demand for the General Inspectorate for Immigration

d) it is found that the conditions for the issuance of the work / deployment permit are no longer met at the date of obtaining the long stay visa.

Upon request of the holder, the General Inspectorate for Immigration issues a duplicate of the lost, damaged or destroyed work / deployment permit.

The work / deployment permit shall be kept by the employer / beneficiary of the services for the entire period of the employment or deployment. The employer / beneficiary of the services must keep for at least the duration of the employment / deployment, a copy of the residence permit or travel document showing legality of stay of the foreigner in Romania.

After obtaining the work permit, the employer should send you this document, and you will obtain the long stay visa for employment / deployment from the diplomatic missions and consular offices of Romania. (See list of these).

The following categories of foreigners may be employed or can
work for individuals or legal persons in Romania without a work permit:

a) foreigners holding a long-term residence right in Romania

b) foreigners holding a temporary residence right for family reunification as members of the family of a Romanian citizen

c) foreigners holding a temporary stay right for studies

d) foreigners holding a temporary stay right granted pursuant to Art. 130 of the Government Emergency Ordinance no. 194/2002, republished, with its subsequent amendments

e) foreigners holding a valid temporary residence permit granted for the purpose of family reunification who have previously enjoyed a right of residence on Romanian territory as family members of a Romanian citizen and who are in one of the situations provided by art. . 64 par. (2) of Government Emergency Ordinance no. 194/2002, republished, as subsequently amended and supplemented;

f) foreigners who were granted a form of protection in Romania

g) asylum seekers, from the date they receive the right of access to the labor market according to Law no. 122/2006 on asylum in Romania, as amended and supplemented, if they are yet in the process of being granted a form of protection

h) tolerated foreigners, for the period they have been granted tolerated status in Romania

i) foreigners who are holders of the right to temporary residence for employment purposes, employed in Romania with individual employment contract for full time, or for employment with another employer, with individual contract of part-time employment with no more than four working hours a day.

j) foreigners holding a temporary residence permit for studies can be employed in Romania without a work permit only by individual employment contract for part-time work for no more than four hours a day,

k) foreigners holding the right of temporary residence for religious activities to be employed on the territory of Romania, within the units of worship.