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28 December 2022

Changes to employment conditions for labour migrants in Romania

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An amendment was introduced to the ordinance on the employment of labour migrants and posted workers in Romania, as a result of lobbying from companies that work with migrants.

The amendment limits the access of migrants to new jobs offered by a different employer during their first year of work in Romania; something which can cause resentment on the part of the employer who initially supported the costs of the work permit. 

Currently, the fee for authorising a labour migrant to take up their first employment contract in Romania is 100 EUR. For any other work authorisation issued to employers for migrants with a residence permit, the fee is 25 EUR. Based on the type of authorisation they have secured, an employer has the right to conclude a work contract with a migrant, and the migrant is then issued a temporary residence permit while they seek new employment (the so-called 'single permit').

The amendment states that a migrant offered employment with another employer during their first year of legal employment in Romania must secure the written consent of their first employer in order to take up the new position. 

The new rule does not apply in the following instances:

  • the migrant is offered a different job with the same employer
  • the employer decides to terminate the contract themselves
  • the contract is terminated by mutual agreement
  • the migrant terminates the contract because the employer does not fulfill their legal obligations

Other changes brought about by the same amendment relate to conditions that must be fulfilled by employers when applying for authorisation of employment of a labour migrant in possession of a 'single permit'.

The full text of the amendment can be read online in Romanian here.

Details

Authors
Government of Romania
Geographic area
Romania
Contributor type
National governmental actor
Original source
Posted by
Luciana Lazarescu
Country Coordinator

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