New rules on the employment and secondment of foreign nationals in Romania

Against the backdrop of the increasing number of foreign workers coming to Romania to fill take up labor shortages, the Romanian Government has adopted a new legislative framework aimed at ensuring a balance between employers’ needs, the protection of foreign workers, and the safeguarding of the interests of Romanian workers and citizens of the European Union (EU), the European Economic Area (EEA), and the Swiss Confederation.

In this context, through Government Emergency Ordinance no. 32 of 27 April 2026, the authorities introduce substantial changes to the regulation of the placement and employment of foreign nationals on the Romanian labor market. The main legislative updates are outlined below.

Key Legislative Amendments

·         Introduction of new types of work visas:

o    the D/AM1 visa, intended for the employment of highly qualified/skilled workers and other categories of foreign nationals.

o    the D/AM2 visa, applicable to permanent, seasonal, and cross-border workers.

·         Establishment of a clear regulatory framework for employers, including registration and authorization requirements, as well as their rights and obligations.

·         Creation of a Shortage Occupations List, facilitating the employment of permanent, seasonal, or cross-border foreign workers in sectors where the local workforce is insufficient.

·         Authorization of foreign placement agencies (APS) by ANOFM, subject to strict obligations, including:

o    the elimination of any commission, fee, or charge payable by the foreign worker;

o    the establishment of a financial deposit of EUR 75,000 for the placement of up to 250 foreign workers, with the possibility to increase the deposit by an additional EUR 50,000 for each additional tranche of 250 workers placed.

·         Authorization of employers to hire foreign workers under the D/AM2 visa, subject to the

cumulative fulfillment of the following conditions:

o    uninterrupted business activity over the past 24 months.

o    an average headcount of at least 50 employees in the year preceding the application.

o    provision of a financial guarantee of EUR 1,000 for each foreign worker employed.

·         Mandatory establishment of a placement agreement, signed between the placement agency, the employer, and the foreign worker, to clearly define the rights and obligations of each party and to prevent abuses, including through the elimination of commissions.

·         Concluding the individual employment contract in bilingual format, in Romanian and in a language understood by the foreign worker.

·         Elimination of the work and secondment authorization and introduction of the single request concept for employment:

o    placement agencies and authorized employers will have exclusive rights to submit applications for the D/AM2 visa.

o    employers, whether authorized or not, will be able to submit applications for the D/AM1 visa.

·         Development of the electronic platform WorkinRomania.gov.ro, aimed at centralizing administrative processes, including, among others:

o    registration of employers hiring foreign workers.

o    authorization and registration of placement agencies (R.A.P.S.).

o    authorization and registration of employers (R.A.A.).

o    submission and processing of single requests.

o    publication of the Shortage Occupations List

o    data collection and monitoring of relevant activities.

·         Simplification of the secondment procedure for foreign nationals, limited to

o    obtaining the long-stay visa for secondment (D/DT) and/or the residence permit, as applicable.

o    secondments within the same group of companies (ICT workers) and from other EU/EEA/Swiss entities, based on a valid residence permit issued by the respective state.

·         Possibility for family members of foreign nationals, holding a valid residence permit, to conclude individual employment contracts without additional immigration formalities.

·         Introduction of the long-term visa for vacation and work purposes (D/VM).

·         Increase of the long-stay visa fee to EUR 300.

·         Increase in the level of fines for non-compliance with the legislation, which may reach up to RON 30,000, depending on the seriousness of the infringement.

Transitional Provisions

The Ordinance establishes clear rules and terms for ongoing situations, including:

·         work and secondment authorization applications submitted or scheduled in the IGI portal prior to the entry into force of the Ordinance will be processed under the previous legislation.

·         applications for work authorizations submitted in connection with a change of employer will be processed if filed by 7 August 2026.

·         work and secondment visas may be applied for within 180 days from the date the work/secondment authorization is issued.

·         starting 8 August 2026, when changing employer, foreign nationals already holding a temporary residence right for work under the previous legislation may be hired by the new employer without concluding a services agreement with an authorized placement agency. The new employer may submit single requests within one calendar year for a number of foreign workers not exceeding the average annual number of employees in the previous year.

·         Within 45 days from the entry into force of the Ordinance, the Shortage Occupations List will be approved by order of the Minister of Labor.

·         Within 30 days from the entry into force of the Ordinance:

·         the Government will establish the quota of foreign workers, as well as data security measures and other measures provided by the Ordinance.

·         the Minister of Labor will approve the Shortage Occupations List and the applicable contract templates (services contract, tripartite placement agreement, and the individual employment contract of the foreign worker).

Entry into Force

Government Emergency Ordinance no. 32 of 27 April 2026 entered into force on the date of its publication in the Official Gazette. For further details, we recommend consulting Official Gazette no. 335 of 27 April 2026.

The EY team remains at your disposal for clarifications and further details regarding the impact of these changes.