Romania continues to experience a significant labor shortage due to widespread emigration and demographic decline, particularly in the construction, trade, and HoReCa (Hotel/Restaurant/Café) sectors.
In response, an increasing number of companies are turning to foreign nationals to fill vacant positions. While this practice offers a valuable solution, it is essential that employers understand the complex legal regulations governing this process. Compliance with national legislation not only ensures legal employment but also helps protect the rights of foreign workers.
EU and EEA/EC Citizens – Free Access to the Romanian Labor Market
Citizens of the European Union (EU), the European Economic Area (EEA), and the Swiss Confederation (EC) enjoy extensive rights to move and work in Romania, in accordance with the principle of “freedom of movement for workers” as enshrined in the Treaty on the Functioning of the European Union (TFEU). These citizens do not need a permit to work in Romania and are treated the same as Romanian citizens, pursuant to Directive 2004/38/EC of the European Parliament. If they intend to stay in Romania for more than 90 days, however, they must register their residence under OU 194/2002 with subsequent amendments.
Employing Non-EU Nationals – Key Administrative Steps and Regulations
For non-EU/EEA/EC nationals, the regulations are more detailed, and the employment process becomes more complex, involving several procedural steps. The employer must obtain a work permit from the General Inspectorate for Immigration (IGI) for each non-EU citizen they wish to employ. Prior to applying, the employer must demonstrate that no eligible candidates from Romania or other EU/EEA/EC countries were found. The procedure includes publishing the job advertisement for at least 15 days and obtaining a certificate from the County Agency for Employment (ANOFM) certifying that no qualified applicants are available. The employer must also ensure that the employee meets all legal requirements, including the necessary qualifications and medical standards, before signing the employment contract, which must be in written form. To complete the hiring process for non-EU nationals, the employer must submit several essential documents to the IGI, including the employment notice.
Foreign Worker Quota in 2025 – What You Need to Know
Each year, the Romanian government sets a ceiling on the number of non-EU citizens who can be employed in Romania. Employers must consider this quota when deciding to hire foreign workers. For 2025, the quota has been set at 100,000 foreign workers who will be newly admitted to the Romanian labor market.
Exceptions to the Standard Procedure – When a Labor Permit Is Not Required
Certain exceptions exist where a work permit is not required for non-EU nationals under specific conditions. These exceptions include foreigners with long-term residence permits, family members of Romanian citizens, individuals engaged in teaching, scientific, or religious activities, as well as foreigners granted protection in Romania or those seeking asylum. Employers should be aware of these exceptions to streamline the process and avoid unnecessary procedures.
Employers’ Obligations Toward Foreign Workers – Rights and Responsibilities
Employers who decide to hire foreign nationals must comply with a range of legal obligations, including registering the employee in the REVISAL system (General Register of Employees). Employers must also ensure that the rights of foreign workers are respected, including fair pay, rest and leave, and access to further training. It is essential that employers avoid wage discrimination and meet their tax obligations related to the employment of foreign workers.
Conclusions – How to Secure Legal Employment and Overcome Workforce Challenges
Hiring foreign nationals in Romania is a viable solution for companies facing labor shortages, but this process must be carried out in compliance with the applicable legislation. Although the procedures may appear complex, following legal regulations and obtaining the necessary documents can ensure a smooth and efficient hiring process. Employers need to be aware of the fees and procedures involved, as well as their responsibilities toward foreign employees, to ensure that their rights are respected and to contribute to the long-term success of the business.
By Gabriela Bunescu, Head of Employment, Hategan Attorneys
This article was originally published in Issue 12.3 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.
