Major Legal Changes in Romania for Employers of Non-EU Workers

On 27 April 2026, Emergency Ordinance No. 32/2026 on the access of foreigners to the Romanian labour market was published in the Official Gazette. The ordinance reshapes the framework governing the recruitment, placement and employment of workers from third countries in Romania, by introducing a digital and compliance-focused system.

The main changes concern:

• A new digital platform. The platform WorkinRomania.gov.ro will be developed and managed by the Ministry of Internal Affairs and will be used, among others, to manage procedures related to the employment of foreign nationals, including the registration or authorization of employers and agencies that place foreign nationals, the submission of applications, and the monitoring of specific activities.
• A key tool in the form of a list of shortage occupations, as hiring workers from outside the EU will be permitted only for positions included in an official list, updated periodically based on data from the National Employment Agency and other relevant institutions.
• Registration and authorisation of employers. Employers who wish to hire non-EU workers directly, without using the services of an authorised placement agency, will be subject to new registration and compliance requirements. The registration will be subject to additional criteria, including financial and operational requirements.
• More detailed job offers and contractual documentation. Employers will have to provide detailed firm job offers, including information on the position, working time, remuneration, paid leave, social insurance, working conditions and allocation of costs such as accommodation, food and transport. Individual employment agreements with foreign workers must be concluded both in Romanian and in the language of the worker’s country of origin or in an international language understood, or reasonably presumed to be understood, by the worker.
• Regulation of placement agencies. Agencies placing foreign workers on the Romanian labour market will operate under a specific authorisation regime, including registration, monitoring, financial guarantees and possible suspension or withdrawal of their authorisation. The ordinance also harmonizes the contractual framework, with the Ministry of Labour expected to approve standard templates for service agreements with employers, three-party placement agreements between the agency, the employer and the worker, as well as for individual employment agreements to be concluded with foreign workers.
• Financial guarantees and the “employer pays” principle. The new rules introduce financial guarantees for placement agencies and, in certain cases, for authorised employers. They also expressly prohibit the charging of commissions, fees, guarantees or deposits to foreign workers in connection with their recruitment or placement.
• New employer obligations after hiring. Employers will have to comply with additional requirements, such as paying salaries in the worker’s bank account, in alignment with the firm job offer and the employment agreement, ensuring that any accommodations costs charged to the worker remain within the legal limits, and notifying the authorities in specific cases, including unjustified absence, termination of employment or risks of exploitation.
• Stricter sanctions. The ordinance establishes a strengthened sanctions regime, which includes both fines and additional penalties, such as restrictions on access to benefits, public aid or subsidies, including European Union funds, for a period of up to 5 years, the temporary or permanent closure of the business location or locations where the violation occurred, as well as the temporary or permanent revocation of the permit to carry out the professional activity in question, in the event of non-compliance with legal obligations.

During the transition period to these new rules, certain pending applications will continue to be processed in accordance with the previous rules. At the same time, foreign nationals who are in Romania and whose right of residence, granted on the basis of a long-stay visa for employment or a single permit, has expired, but for whom no return order has been issued, may apply, until December 31, 2026, for an extension of their temporary right of residence for the purpose of employment. This extension may be obtained without the requirement for a new long-stay visa, subject to the applicable procedures set forth in the legislation governing the status of foreigners.

Source: Emergency Ordinance No. 32 of 23 April 2026, on the access of foreigners to the Romanian labour market and amending and supplementing certain legislative acts – Official Gazette no. 335 of 27.04.2026.