ROMANIA FROM 28TH NOVEMBER 2014 EMPLOYERS NEED TO OBTAIN LABOR MARKET APPROVAL BEFORE APPLYING FOR WORK PERMITS AS EARLIER EMPLOYERS USED TO APPLY DIRECT WORK PERMIT FOR IMPORTING FOREIGN WORKERS WHICH MEANS NOW MAKING DIFFICULT TO HIRE FOREIGNERS A new ordinance adopted by the Romania government on the 26th of August revises the hiring process for foreign nationals in Romania. Effective the 28th of November, 2014, companies doing business in Romania must obtain an employment approval (the equivalent of a labor market approval or test in other countries) in order to hire a foreigner under most situations. The ordinance seeks to harmonize Romanian national legislation with a series of relevant European regulations. In order to employ foreigners under a full-time individual employment agreement, on a permanent or temporary basis, employers are required to obtain employment approvals. To this end, the employer shall first seek to fill the vacancy with a Romanian citizen, a citizen of an EU Member State or of the European Economic Area (EEA), a citizen of the Swiss Confederation or a foreigner holding a right of long-term residence in Romania. Clear guidelines have yet to be established for the process to complete an assessment of the Romanian labor market for viable candidates. As such, additional announcements and details on the planned implementation of this requirement are expected in the coming weeks. A separate process exists for foreigners from a state bordering Romania who live at the border or in a border town on Romanian territory. These workers are eligible for an approval for cross-border workers, for which the Romanian company does not need to demonstrate that they attempted to fill the vacancy as stated above. The same applies to the employment of foreigners as highly qualified workers. They can be employed on a permanent basis or for a temporary term of at least one year. For seconding a foreigner in Romania, the employer in Romania must obtain a secondment approval, issued under conditions similar to obtaining the employment approval. Any failure to meet the legal obligations regarding the employment or secondment of foreigners is punishable by fines from RON 700 to RON 3,000. Furthermore, depending on the severity of offences committed, employers can also be punished by prohibition of certain rights, total or partial recovery of benefits, aids or subsidies, including EU funds and the temporary or permanent closure of the unit or units where the offence was committed. The same regulation stipulates that it is not necessary to obtain an employment approval for the employment of foreigners who fall under the following conditions: Their free access to the labor market in Romania is established by treaties signed by Romania with other states. They are to carry out temporary scientific or didactic activities in specialized institutions / artistic activities in cultural institutions in Romania / temporary activities requested by ministries or other administrative authorities, or are appointed to manage a Romanian subsidiary, agency or branch of a company with its head office registered abroad. Foreigners holding a right of long-term residence, temporary residence for family reunification as family members of a Romanian citizen, or temporary residence for studies. Foreigners holding a right of temporary residence for studies can be employed without an employment approval only under a part-time individual employment contract, with a work schedule of no more than four hours a day. Previously, companies doing business in Romania needed only to secure a work authorization for the individual employee. No employment approval was needed. This change is expected to lengthen processing times. Additional documents will also be required. For more information, please contact your Emigra/Emigra Ogletree Worldwide representative.
Posted on: Thu, 25 Sep 2014 02:58:43 +0000
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