IMPORT OF WORKFORCE IN ROMANIA: How can a company hire non-EU foreign nationals

I. INTRODUCTION

Through this article, we are going to analyze what are the conditions that a Romanian company must meet in order to employ citizens from outside the European Union (EU), the European Economic Area (EEA) or the Swiss Confederation (EC).

According to Romanian legislation, the employment of foreign citizens (outside the EU, EEA and EC) is possible based on conditions and obligations that must be taken into account by both the employer and the employee.

Such an approach requires a good knowledge of the specific provisions of various laws applicable in Romania as well as the interaction with several authorities of the Romanian state and of the one from which the foreign citizen comes. This process is a complex one that can take up to 6 months.

The procedure for hiring foreigners by employers, individuals, or legal entities in Romania, requires the following steps:

1. obtaining the employment permit;
2. obtaining a long-stay visa;
3. obtaining the right of residence;
4. issuance of a residence permit for work / secondment purposes.

According to Government Ordinance no. 25/2014 regarding the employment and secondment of foreigners on the Romanian territory, depending on the type of activity performed, the workers are divided into: permanent worker, trainee worker, au-pair worker, seasonal worker, cross-border worker, highly qualified worker, posted worker and staff with special qualification.

Through this article we shall deal with the employment procedure of foreigners as permanent workers.

II. EMPLOYMENT PERMIT

According to art. 2 lit. a) of Ordinance no. 25/2014 regarding the employment and secondment of foreigners on the Romanian territory and for the modification and completion of some normative acts regarding the regime of foreigners in Romania (“Government Ordinance no. 25/2014”), the employer is defined as a legal person or natural person with registered office or professionally in Romania or the Romanian branch of a foreign legal entity with headquarters abroad, which employs a foreigner under the conditions of Law no. 53/2003 – Labor Code, republished, with subsequent amendments and completions, hereinafter referred to as the Labor Code.

Letter c) of art. 2 of  the Government Ordinance no. 25/2014 stipulates that the employment permit represents “the official document issued by the General Inspectorate for Immigration, which certifies the right of an employer to employ a foreigner in a certain position”.

Thus, by corroborating the provisions provided above, in order to employ a foreign citizen, it is necessary for an employer to obtain the employment permit.

The employment permit is obtained both for the employment in Romania of foreign citizens, and for the change of employer. The employment notice, both the initial one and the one for changing employer is obtained by the employer.

Obtaining the employment permit is the first step for a foreign citizen to be able to work legally in Romania. Thus, the employer (company or employer) must obtain this employment permit for the foreign citizen who meets the conditions of employment, from the territorial formations of the General Inspectorate for Immigration (“IGI”) in the county where it has its registered office.

In order to obtain the employment permit, it is necessary to make a series of documents and go through some stages without which IGI will not be able to proceed to the admission of the application for the issuance of the employment permit.

In order to obtain the employment permit for permanent workers, the employer must meet the following special conditions:

a) has applied for a vacancy by a Romanian citizen, by a citizen of another Member State of the European Union or of the European Economic Area, by a citizen of the Swiss Confederation or by a foreigner entitled long-term stay in Romania. This is attested by the presentation by the employer of the following documents:

1. the organizational chart, specifying the occupied and vacant positions;
2. the certificate regarding the available labor force for the vacant job, issued no later than 60 days prior to the submission of the application for the employment permit by the employment agency in whose territorial area it has its registered office or professional headquarters;
3. proof of publication by mass media in Romania of a vacancy notice;
4. copy of the minutes from which to result in the selection made for the vacant job, as a result of the publication of the announcement provided in let. c), as well as the fact that the foreigner that the employer intends to place on the vacant job meets the conditions of professional training and work experience provided by the legislation in force for the occupation of that job.

b) intends to employ a foreigner with an individual full-time employment contract for an indefinite or determined period. The proof of fulfilling the special condition is made by presenting a copy of the firm employment offer;

c) the foreigner that the employer intends to place on the vacant job fulfills the authorization conditions provided by the legislation in force for the occupation of that job and does not have a criminal record incompatible with the activity he is to carry out on the Romanian territory. Proof of fulfillment of the special condition is made by presenting the following documents:

– curriculum vitae of the foreigner;

– the authorization document provided by law, when applicable;

– the criminal record of the foreigner or another document with the same legal value, issued by the authorities from the country of origin or residence, translated and legalized in accordance with the law.

The application for the issuance of the employment notice is resolved within 30 days from the date of registration. In cases where additional completions / verifications are necessary, this term may be extended by 15 days.

The employment notice is kept by the employer during the entire employment period.

III. OBTAINING A LONG STAY VISA FOR THE PURPOSE OF EMPLOYMENT

The long-stay national visa allows the stay of foreigners on the Romanian territory for a period not exceeding 90 days. This visa allows foreigners on the territory of Romania to request the General Inspectorate for Immigration to extend the right of temporary residence and to obtain a residence permit. The extension of the right to stay in Romania is requested at least 30 days before the expiration of the validity of the long stay visa.

A series of documents will be submitted for this procedure, among which:

• The employment permit issued by the General Inspectorate for Immigration;
• Proof of means of maintenance;
• Criminal record certificate;
• Medical insurance;
• Border crossing document;

IV. OBTAINING A RESIDENCE PERMIT FOR WORK PURPOSES

After entering Romania, the foreign citizen will have to obtain a residence permit for work purposes (obtaining the first single permit). This permit is obtained from the territorial formations of the General Inspectorate for Immigration in the county where the foreign citizen resides.

The documentation for obtaining the single permit is submitted at least 30 days before the expiration of the right of residence granted by the visa.

For this procedure, a series of documents will be submitted, including:

• Border crossing document;
• Proof of legal ownership of the living space;
• Labor contract;
• Through the screen in the General Register of Employee Records;
• Medical certificate;

The documentation is submitted in a first phase through the IGI online portal, and insofar as the documents comply with the legal requirements, IGI proceeds to establish an appointment that requires the physical presence of the foreign citizen.