NEWS & INSIGHTS

Up-to-date.

May 2026 – On 27 April 2026, Government Emergency Ordinance No. 32/2026 (“the Ordinance”) regarding the access of foreign nationals to the Romanian labour market entered into force.

I.  Preliminary considerations

The Ordinance regulates the registration and obligations of employers of foreign nationals, as well as the authorisation and operation of foreign placement agencies in the Romanian labour market. Compared to existing regulations, it marks a significant shift in legislative approach, aimed at more rigorous oversight of the recruitment of foreign nationals.

The Ordinance introduces a significantly stricter and more extensive system of authorisation, monitoring, and control, applicable both to placement agencies and to employers intending to employ foreign nationals. To this end, it establishes new administrative, financial, and operational obligations, including reporting and traceability requirements, substantial financial guarantees, additional requirements concerning employment contracts, and enhanced obligations regarding the protection and integration of foreign workers.

Furthermore, the Ordinance newly distinguishes between two main types of long-stay visas for employment purposes: (i) the D/AM1 visa, intended for highly qualified workers and other special categories—such as teaching or scientific staff and professional athletes—as well as for the citizens of the Republic of Moldova, Ukraine, and the Republic of Serbia employed in Romania under full-time individual employment contracts, which is available exclusively to employers registered on the WorkinRomania.gov.ro platform; and (ii) the D/AM2 visa, intended for permanent, seasonal, and cross-border workers, which may be used by authorised employers or through authorised placement agencies. Accordingly, the Ordinance establishes a distinct regime for highly qualified workers as compared to that applicable to permanent and seasonal workers, including from the perspective of the conditions imposed on employers. The employment of third-country nationals as permanent workers under the D/AM2 category is permitted exclusively for occupations included in the “List of Shortage Occupations” (the list being drawn up and updated semi-annually, or whenever necessary, by order of the Minister of Labour).

The objective pursued is to combat abusive practices in the field of international recruitment, prevent the exploitation of foreign workers, limit illegal migration and human trafficking, and strengthen the control exercised by the authorities over employers and workforce placement agencies.

We present an overview of the most important new elements introduced by the Ordinance, as well as the main obligations imposed on employers and on foreign workforce placement agencies.

II.  Employers’ obligations

The Ordinance introduces a series of extensive obligations incumbent upon employers intending to employ foreign nationals on the territory of Romania.

First, employers must be registered in the Register of Employers of Foreign Nationals (R.A.S.) and are required to register or obtain authorisation on the electronic platform WorkinRomania.gov.ro, which operates within hub.mai.gov and, as of 8 August 2026, will be the sole interface mediating the process of employing foreign nationals on the territory of Romania.

For each foreign worker, the employer must upload to the platform a binding job offer, which must include detailed information regarding the position, working conditions, salary, working hours, and accommodation and transport conditions, as well as the rights applicable to the worker. At the same time, employers are required to observe the principle of equal treatment, ensuring that foreign workers benefit from working conditions, remuneration, and protection comparable to those granted to Romanian employees.

Secondly, the Ordinance establishes two distinct categories of employers, depending on their role and level of responsibility in relation to non‑EU workers:

i. Registered employer means an employer that registers on the WorkinRomania.gov.ro platform and may initiate procedures for employing non‑EU citizens applying for a D/AM1 visa, or for a D/AM2 visa through a placement agency, provided that it meets the legal eligibility and compliance criteria set out in the Ordinance;

ii. Authorised employer means an employer that intends to directly employ non‑EU permanent workers under the D/AM2 category, provided that it meets the legal eligibility and compliance criteria set out in the Ordinance.

1. Impact on registered employers

Registered employers may directly employ foreign nationals holding a D/AM1 long‑stay visa for the following categories: highly qualified workers, teaching staff and scientific personnel, professional athletes, as well as citizens of the Republic of Moldova, Ukraine, and the Republic of Serbia employed in Romania under a full‑time individual employment contract.

Among the eligibility criteria, the following should be noted, inter alia:

• the absence of outstanding tax liabilities to the state budget;
• the performance of activity for a minimum period of one year in fields compatible with the shortage occupations included in the “List of Shortage Occupations”, drawn up and updated on a semi‑annual basis, for the recruitment through placement agencies of foreign nationals holding a D/AM2 long‑stay visa (permanent, seasonal, and cross‑border workers);
• compliance with the requirements regarding any administrative offences during the six months preceding the resolution of the application, as well as the absence of relevant criminal convictions.

It is also important to emphasise that the legislation does not impose on registered employers an obligation to provide a financial guarantee. At the same time, the number of individual employment contracts concluded with foreign nationals holding a D/AM2 long‑stay visa may not exceed the average number of employees recorded by the employer in the previous year.

2. Impact on authorised employers

Authorised employers may directly employ foreign nationals holding a D/AM2 long stay visa—permanent, seasonal, and cross border workers—exclusively for occupations included in the “List of Shortage Occupations,” without the obligation to conclude a services agreement with an authorised foreign worker placement agency. This activity may be carried out solely to meet the employer’s own personnel needs and may not be performed for the benefit of other employers.

In the case of authorised employers, the legislation requires the provision of a financial guarantee in the amount of EUR 1,000 for each foreign worker, payable in RON at the official exchange rate of the National Bank of Romania. At the same time, authorised employers are prohibited from charging foreign workers commissions, fees, or other similar costs or from requiring the provision of financial guarantees or deposits, except for those provided for under the legislation of the worker’s state of origin.

Among the main eligibility conditions are the following:

• the absence of outstanding tax liabilities to the state budget;
• the performance of activity for a minimum period of 24 months in fields of activity compatible with the shortage occupations included in the “List of Shortage Occupations”;
• the existence of an average workforce of at least 50 employees in the previous year;
• in the previous year, the employer employed foreign nationals, and no more than 20% of them, at the time of submission of the authorisation application, fell into one of the following situations: (i) they no longer had a valid right of stay, or (ii) they no longer held a valid long‑stay visa;
• compliance with the requirements regarding the history of administrative offences and the absence of relevant criminal convictions (including under tax, accounting, customs, and financial discipline legislation).

3. Obligations regarding individual employment agreements

Individual employment agreements must be concluded both in Romanian and in the language of the foreign national’s country of origin or in an international language known by the foreign national. Breach of this requirement is sanctioned with an administrative fine of RON 6,000 for each individual case.

In addition, employers are required to provide occupational health and safety training in a language accessible to the foreign worker and must facilitate the integration of foreign workers by organising Romanian language courses and cultural orientation sessions for a minimum period of six months. Breach of this requirement is sanctioned with an administrative fine ranging from RON 5,000 to RON 10,000 for each foreign worker placed.

An exception is also introduced with respect to the presentation of the medical certificate for foreign nationals upon hiring. They may be employed without this document, provided that the medical certificate is obtained no later than the commencement date of employment.

With regard to the termination of the individual employment contract, new grounds have been added, such as the rejection of a single residence application or a finding of illegal stay by the General Inspectorate for Immigration. In such cases, the employer must issue a termination decision based on the notifications received from the competent authorities via the electronic platform.

4. Information obligations

The Ordinance also establishes notification obligations vis‑à‑vis the authorities, requiring employers to inform the General Inspectorate for Immigration and the placement agencies of any unjustified absences, the termination of employment relationships, or any situation that may indicate exploitation or violations of the rights of foreign workers. At the same time, employers must retain the relevant documents relating to the stay and employment of foreign nationals and make them available to the competent authorities during any inspection or control activities.    

5. Recommendations for employers

In light of the new provisions introduced by the Ordinance, employers intending to hire foreign nationals in Romania must take the following measures as soon as possible:

• verify compliance with the legal eligibility requirements for registration or authorisation on the WorkinRomania.gov.ro platform;
• implement appropriate internal procedures for monitoring and notifying the competent authorities, in compliance with the five-day legal deadline;
• review individual employment contracts to ensure they include all mandatory elements required by the applicable law, as well as drafting them in a bilingual format;
• organise and conduct Romanian-language courses for foreign workers, with a minimum duration of six hours per week, for a period of at least six months.

In addition to the above, authorised employers must specifically implement the following:

• verify in advance that the occupations for which recruitment is being conducted are included in the “List of Shortage Occupations,” a list to be published within 45 days as of the Ordinance’s entry into force;
• establish a financial guarantee for each foreign worker, in accordance with the applicable legal requirements.

III. Obligations of foreign workforce placement agencies on the labour market

1. Authorisation requirement

Agencies may carry out their activity only if they are authorised by the National Agency for Employment (ANOFM) and registered in the Register of Foreign Workforce Placement Agencies (R.A.P.S.). Authorisation is conditional upon the cumulative fulfilment of a set of strict requirements, including, inter alia:

• the absence of significant outstanding debts to the state budget;
• compliance with the requirements regarding the history of administrative offences and the absence of relevant criminal convictions, including under tax, accounting, customs, and financial discipline legislation, as well as under the Labour Code, or convictions abroad in the field of labour relations and occupational health and safety;
• the legal representatives, as well as the directors, partners, or shareholders are Romanian citizens, citizens of a Member State of the European Union, of a state party to the Agreement on the European Economic Area, or of the Swiss Confederation;
• the absence of involvement in activities affecting national security and the identification of the beneficial owners;
• the existence of a financial deposit;
• the absence of involvement, whether in management structures or shareholding, in a foreign workforce placement agency whose authorisation has been withdrawn.

2. Permitted activity

Agencies may intermediate exclusively jobs included in the “List of Shortage Occupations” and only for employers registered on the WorkinRomania.gov.ro platform. At the same time, the Ordinance prohibits any activity that does not strictly aim at establishing an employment relationship between the employer and the foreign worker.

3. Prohibition on charging fees to foreign workers

Agencies are prohibited from charging commissions, fees, or other charges to foreign workers and may not require them to provide financial guarantees or deposits. The costs of placement services must be borne exclusively by the employer, based on the services agreement concluded with the agency.

4. Requirements regarding contracts and information

The agency must conclude a tripartite placement agreement between the agency, the employer, and the foreign national, drafted both in Romanian and in a language understood by the foreign worker. In addition, the agency is required to inform the foreign national of the working conditions, remuneration, the legal stay regime, the risks of exploitation, and the competent institutions to which any potential abuses may be reported.

5. Administrative and digital requirements

The agency is required to use the WorkinRomania.gov.ro platform, upload individual applications for the foreign nationals placed, complete and manage the necessary documentation, and notify any changes regarding its registered office or places of business.

6. Requirement to provide a financial guarantee

The agency must provide either a financial deposit or a bank guarantee letter. The minimum amount established is EUR 75,000 for up to 250 placed workers, with the additional obligation to supplement the amount by a further EUR 50,000 for each additional 250 workers. This financial guarantee is intended to cover costs related to the repatriation of workers, accommodation and assistance expenses, as well as any unpaid fines.

7. Ongoing compliance requirements

The agency must continuously maintain the conditions underlying its authorisation. The authorisation may be suspended where the placed workers do not hold the declared qualifications, the individual employment contracts do not comply with the binding job offer, the financial deposit is not replenished, or there is a high number of visa refusals or rejected applications.

8. Requirement to cooperate with the authorities

Agencies are subject to inspections carried out by the National Agency for Employment (ANOFM), the General Inspectorate for Immigration, the Labour Inspectorate, and other competent authorities, and are required to provide the documents and information requested during verification and control activities.

IV. Conclusions

The new regulations introduced by the Ordinance provide a significantly stricter framework for authorisation, monitoring, and control, applicable both to placement agencies and to employers recruiting foreign workers. The legislative amendments substantially increase administrative and compliance obligations, establish additional verification and monitoring procedures, and condition the conduct of activities on the use of the electronic platform WorkinRomania.gov.ro. At the same time, the normative act requires the provision of substantial financial guarantees by placement agencies, expands obligations relating to the information, integration, and protection of foreign workers, and introduces extensive control mechanisms accompanied by severe sanctions, including the suspension or withdrawal of authorisations.

From a practical perspective, the new rules are likely to lead to increased recruitment and compliance costs, longer timeframes required for the employment of foreign workers, and additional bureaucratisation of the international recruitment process. Moreover, the new conditions may limit market access for agencies and employers that lack the administrative and financial resources necessary to meet the requirements imposed by the new legislative framework.

Although the stated purpose of the regulation is to strengthen the protection of foreign workers and prevent abusive practices, the concrete effect of the proposed measures may be to hinder the employment of third‑country nationals and reduce employers’ flexibility, in an economic context already characterised by a significant labour shortage.