Global Employer Services News

Romania - Rules Governing Employment of Foreign Nationals Overhauled

Romania
An ordinance that will apply as from 8 August 2026 represents the most significant overhaul in recent years of Romania’s rules governing the recruitment and employment of third-country (non-EU) nationals. The new rules—published on 27 April 2026—introduce full digitalisation, additional controls and monitoring mechanisms, and new visa structures, with direct operational consequences for companies (i.e., employers and placement agencies) relying on foreign labour.

The ordinance aims to facilitate employers’ access to foreign labour in sectors facing workforce shortages while curbing abusive practices and unauthorised intermediation by using a centralised more tightly supervised system.

Key Changes Employers Need to Know
Mandatory Digital Platform

The ordinance establishes a new electronic platform, WorkinRomania.gov.ro, as the single system for managing all procedures related to the employment of non-EU workers in Romania. In addition to serving as a document submission portal, the platform will function as a centralised tool for managing and monitoring the entire recruitment and employment lifecycle.

The platform, which is currently in a testing phase, will be used for:
  • Registration and authorisation of employers;
  • Authorisation of placement agencies;
  • Submission and processing of single applications;
  • Management of electronic registers;
  • Monitoring employers and agency activities; and
  • Exchange of information between competent authorities and reporting.
Procedures for employers and placement agencies will be detailed in secondary legislation and technical implementation of the platform once it is live.

Starting 8 August 2026, all procedures relating to the recruitment and employment of non-EU citizens will be handled through the platform.

New Immigration Mechanism, the “Single Application” and New Long-Stay Work Visas

The ordinance introduces an online “single application” mechanism that will be submitted through WorkinRomania.gov.ro. This will replace the current process (work permit + long-stay work visa) and will conclude with the issuance of a long-stay employment visa (D/AM1 or D/AM2), as applicable. To this end, the ordinance introduces two main categories of long-stay work visas:
  • D/AM1 visa, which will be used for:
    • highly qualified workers;
    • citizens of Moldova, Serbia and Ukraine employed in Romania under full-time employment contracts; and
    • certain special categories of workers (e.g., teaching staff, researchers, professional athletes).
  • D/AM2 visa, which will apply to permanent, seasonal and cross-border workers.
Unlike the D/AM2 visa, for which the issuance is conditional on the availability of the annual quota of newly admitted workers, the D/AM1 visa is not subject to the annual quota.

New Concepts: “Registered Employer” and “Authorised Employer”

The ordinance introduces two separate regimes for employers using non-EU labour, depending on the category of workers recruited and the recruitment method.
  • Registered employer: This is the “standard” regime for employers recruiting non-EU nationals. A registered employer will be able to directly recruit D/AM1 workers, whereas recruitment of permanent, seasonal or cross-border workers in the D/AM2 category will only be allowed through an authorised placement agency. Platform registration will be required, with employers having to meet eligibility and compliance requirements, as well as ongoing reporting obligations.
  • Authorised employer: This category will allow certain employers to directly recruit permanent D/AM2 workers without using an authorised placement agency. It targets companies with significant activity and experience in employing foreign labour. Authorised employer status also comes with eligibility requirements, as well as a financial guarantee and ongoing reporting and compliance obligations.
In practice, the difference between a registered employer and an authorised employer is that a registered employer will only be able to recruit D/AM2 workers through an authorised placement agency, whereas an authorised employer will be able to recruit these workers directly without using an intermediary.

“List of Shortage Occupations” and Annual Quota
One of the most important changes to Romania’s rules—and a major shift in policy—is the introduction of a “List of Shortage Occupations” that will limit the recruitment of non-EU workers for certain categories of positions. Permanent D/AM2 workers may be employed only in occupations included on the list, which will be updated biannually or as needed. The list must be approved by ministerial order within 45 days of the ordinance’s entry into force.

The annual quota will apply only to D/AM2 workers—it will no longer apply to D/AM1 categories.

Firm Job Offer and New Contractual Requirements
The firm job offer must now include expanded mandatory elements, such as:
  • Gross and net salary;
  • Working time and conditions;
  • Leave and benefits;
  • Accommodation and transport conditions;
  • Applicable taxes and contributions;
  • Repatriation conditions; and
  • Occupational health and safety measures.
For agency-based recruitments, a tripartite placement contract (agency, employer and the foreign worker) will be required in both Romanian and a language understood by the worker.

Employment contracts will also have to be made available to workers in a language they understand.

Rent withheld from salary cannot exceed 25% of the net remuneration if accommodation is not provided.

Modification of the “Posting Regime”
The ordinance also modifies the rules regarding the posting of foreign workers in Romania. The existing regime is maintained for employers located in the EU/EEA and Switzerland, including the possibility of extending the posting period up for to 18 months within a 36-month period. In contrast, for employers from third countries, worker mobility is restructured mainly around the intragroup transfer mechanism. However, the obligation to obtain posting permits is eliminated, with workers being able to directly apply for a posting visa.

New Rules for Placement Agencies
Agencies must be authorised and fulfil certain conditions relating to processes and compliance, and they must provide a financial guarantee.

Dedicated Electronic Registers
Three electronic registers will track employer and agency status (Register of Foreign Employers, Register of Foreign Placement Agencies and Register of Authorised Employers). These registers will allow for the centralised monitoring of all entities involved in the recruitment and employment of non-EU workers and will facilitate the exchange of information between authorities.

Strengthened Penalties
The ordinance introduces a stringent penalty regime for noncompliant employers and placement agencies that include:
  • Significant fines;
  • Suspension of activity;
  • Withdrawal of authorisation; and
  • Removal from electronic registers.
In the case of serious violations, such as the exploitation of workers or carrying out activities without authorisation, measures may also be applied regarding the execution of financial guarantees.

Additional Immigration Changes
The ordinance makes a series of immigration-related changes, such as:
  • Restrictions on changing employers within the first six months and the mandatory use of placement agencies for certain categories of D/AM2 workers;
  • New D/VM "holiday and work" visa;
  • Increased means of support for visas;
  • Increase in the long-stay work visa fee;
  • Clarified rules for the employment of “EU blue card” holders and long-term residents.

Transitional Provisions and Implementation Schedule
Implementation will occur in stages:
  • Until 7 August 2026: platform registration, agency authorisation and system testing; and
  • From 8 August: full application of the new digital procedures.
Applications submitted before entry into force will be processed under the current rules.

Practical Impact for Employers
The new rules will have a significant operational impact on companies that use or intend to use third-country national workers, especially in sectors with staff shortages. Employers will need to assess:
  • Whether targeted roles fall within the list of shortage occupations;
  • Whether to use an authorised placement agency or seek authorised employer status;
  • Financial implications of guarantees and compliance obligations; and
  • Updates required to contractual documentation and internal procedures.
Additional internal processes will be necessary for:
  • Continuous monitoring of workers’ right to stay and work;
  • Fulfilling reporting obligations;
  • Managing documentation through the workinromania.gov.ro; and
  • Preparing bilingual contracts and firm offers with extended content.
From 8 August, employers not registered on the platform will not be allowed to initiate recruitment procedures for non-EU workers. Direct recruitment of permanent D/AM2 workers will be available only to authorised employers. Companies relying on foreign labour should assess eligibility for registration/authorisation and prepare documentation in advance.

Claudiu Ionita
BDO in Romania