Navigating Romanian Labour Laws: Work Permits and Employment Conditions

As a foreigner looking to work in Romania, it is important to familiarize yourself with the country's labor laws and regulations. 

Romania has specific requirements and procedures in place for hiring and employing foreign citizens, making it crucial to understand the legal framework before starting your employment journey.

Under Romanian law, employers have certain obligations when hiring both Romanian and foreign individuals. 

The process for hiring foreign citizens, especially non-EU citizens, can be more complex. 

The type of employment agreement in Romania can be either indefinite or for a definite period.

 It is also essential to note that the minimum age for employment in Romania is 16, with certain exceptions for 15-year-olds under specific conditions.

When it comes to documentation required for employment, study diplomas, medical checks, and identity cards are among the necessary documents. 

Certain positions may require specific qualifications. 

Non-resident employees from countries outside the EU are typically employed with agreements for an indefinite period.

 However, hiring non-residents necessitates approval from the Romanian Immigration Office and obtaining a residence permit.

 On the other hand, the employment process for EU citizens is simpler, with registration being a requirement for stays exceeding 180 days.

Regardless of residency or citizenship, all employees in Romania have the same rights and obligations as Romanian employees. 

It is crucial to understand that the termination of an employment contract must be in writing and in the Romanian language. 

The employment contract should include details such as identification of the employer and employee, contract duration, salary details, vacation entitlement, probationary period (if applicable), and notice period.

Key Takeaways:

• Foreign employees in Romania must understand the country's labor laws and regulations.
• The employment process for non-residents, especially non-EU citizens, can be complex.
• Documentation requirements include study diplomas, medical checks, and identity cards.
• All employees, regardless of residency or citizenship, have the same rights and obligations.
• The termination of an employment contract must be in writing in Romanian.

Employment Contracts and Agreements

When it comes to employment in Romania, there are two main types of agreements: employment contracts for an indefinite period and employment contracts for a definite period. 

The former offers protection for the employee as it is not limited by a specific timeframe. 

However, for project-based work, a contract can be concluded for a limited duration, with a maximum of three successive contracts and a maximum period of 36 months.

To be eligible for employment in Romania, the minimum age is 16, with exceptions for 15-year-olds who have obtained parental consent. 

Various documents are required for employment, including study diplomas, medical checks, identity cards, and birth certificates. 

Moreover, certain positions may require additional professional specialization documentation or superior studies.

For foreign employees from outside the European Union, employers typically employ them with agreements for an indefinite period to demonstrate stability and financial support.

 In these cases, the employer must obtain approval from the Romanian Immigration Office, and the employee must apply for a residence permit.

 On the other hand, European Union citizens can easily enter into employment agreements in Romania and only need to register with the Romanian Immigration Office if their stay exceeds 180 days. 

Regardless of residency or citizenship, all employees in Romania have the same rights and obligations.

Table: Employment Contract Types in Romania

Employment Contract	Duration	Conditions
Employment Agreement for an Indefinite Period	Unlimited	Offers protection for the employee
Employment Agreement for a Definite Period	Maximum of 36 months	Project-based work with a maximum of three successive contracts

Understanding the different types of employment contracts and agreements in Romania is crucial for both employers and foreign employees.

 It ensures compliance with labor regulations and provides clarity on the rights and obligations of all parties involved.

 Additionally, it is essential to be aware of the specific documents and qualifications required for certain positions. 

By following these legal requirements, you can navigate Romania's labor laws with confidence.

Termination of Employment Contract

Terminating an employment contract in Romania follows specific procedures and regulations, especially for non-Romanian employees. 

The process can occur through the expiration of a fixed-term contract, mutual agreement, or the decision of either party.

 There are different reasons for dismissal, including employee actions or non-actions, issues unrelated to performance, or restructuring of positions.

When terminating an individual employment contract, it is crucial to follow certain guidelines. 

The contract must be terminated in writing and in the Romanian language. 

The notice period for termination varies based on the employee's position, typically 20 working days for execution positions and 45 working days for management positions.

 The minimum gross salary in Romania is RON 3,000 per month, with specific provisions for the construction field.

Employers in Romania are required to pay monthly contributions and income tax for their employees. 

The working day consists of 8 hours, with a maximum of 48 hours per week when considering overtime.

 Employees are entitled to a minimum of 20 vacation days per year, and medical leave allowances are provided for health-related reasons. 

Additional benefits commonly granted to employees include meal tickets, healthcare, travel expense reimbursement, and extra vacation days.

Termination of Employment Contract - Notice Periods

Position	Notice Period
Execution Positions	20 working days
Management Positions	45 working days

Work Permits for Foreign Employees

When it comes to working in Romania as a foreigner, obtaining a work permit is a crucial step. 

The work permit must be approved by the General Inspectorate for Immigration (IGI) within 30 days and is required to apply for a long-term visa at Romanian diplomatic missions and consular offices.

 Once you have obtained a work permit, you can work for a specific employer, and a temporary residence permit (single permit) will be issued.

It is important to note that if you are a migrant who wishes to take up a new employment position with another employer during the first year of legal employment in Romania, you will need written consent from your first employer.

 However, there are exceptions to this rule, such as when you are offered a different job with the same employer or when the contract is terminated by mutual agreement.

Employers also have certain conditions to fulfill when applying for the authorization of employment for a labor migrant in possession of a single permit. 

The right of residence granted with a long-term visa can be extended by submitting a request to the IGI at least 30 days before the previous residence permit expires. 

Similarly, the employment authorization can be extended if the work position is maintained. 

For more detailed information on work permits and residence permits, you can visit the official website of the General Inspectorate for Immigration.

Table: Overview of Work Permit Rules in Romania

Requirement	Details
Approval Process	The work permit must be approved by the General Inspectorate for Immigration (IGI) within 30 days.
Long-Term Visa	A work permit is required to apply for a long-term visa at Romanian diplomatic missions and consular offices.
New Employment Positions	Written consent from the first employer is required for a migrant to take up a new employment position with another employer during the first year of legal employment in Romania, except for certain exceptions.
Employer Requirements	Employers must fulfill certain conditions when applying for the authorization of employment for a labor migrant in possession of a single permit.
Extension of Residence Permit	The right of residence granted with a long-term visa can be extended by submitting a request to the IGI at least 30 days before the previous residence permit expires.
Extension of Employment Authorization	The employment authorization can be extended if the work position is maintained.

Conclusion

Navigating Romania's labor laws for foreign employees can be a complex endeavor, requiring employers to fulfill specific obligations and follow different procedures depending on the employee's citizenship and residency status.

 Understanding the intricacies of employment contracts, termination procedures, and work permits is crucial for both employers and foreign workers to ensure compliance with Romanian labor laws.

When hiring foreign employees in Romania, it is essential to be aware of the various employment contract types available.

 Contracts can be either indefinite or for a definite period, with provisions for project-based work. 

Additionally, terminating an employment contract must be done in writing and in Romanian, with notice periods varying based on the employee's position.

Work regulations in Romania govern essential aspects such as minimum gross salary, vacation entitlement, and working hours. Both employers and employees must adhere to these regulations to maintain a harmonious working relationship. 

It is also vital for foreign workers to obtain the necessary work permits, meeting the conditions set forth for employment authorization.

By understanding and complying with Romania's labor laws, both employers and foreign employees can establish a legally compliant working environment. 

Recognizing the rights and responsibilities of all parties involved ensures a smooth and successful employment experience in Romania.