By Government Decision no. 1338/2023, the Government approved the entry of 100,000 new foreign workers on the Romanian labour market in 2024[1].The same number had been approved by the Government in 2023[2] and 2022,[3] and 50,000 foreign workers were approved in 2021.[4] However, once they choose to come to Romania, foreign workers encounter a number of bureaucratic problems in obtaining the single permit, which allows them to work in Romania for more than three months and to access a number of services offered by public or private institutions. The general manager of an agency recruiting foreign workers in Romania told Adevărul that employers pay state contributions for the foreigners as soon as they start working in Romania, but the workers cannot access free medical services until they obtain their first residence permit 4-5 months later.[5]
Foreign workers face a number of obstacles in obtaining a single permit, starting with the fact that they are dependent on their employers, the Romanians who have to apply for their work permit from the state authorities. In 2021, 10 Indian citizens were not paid for 3 and a half months for the work they had done on the road rehabilitation in Bonțida and they notified the Territorial Labour Inspectorate of Cluj about these irregularities. By doing this they discovered that they had been working illegally because their employer had not obtained a work permit for them and they had to leave Romania.[6] Several cases of discriminatory behaviour towards foreign employees and unwelcoming attitudes have also been made public, such as the recent statements of a restaurant owner who said he no longer wanted to employ Asian workers because they would not take care of their hygiene like Romanians.[7] Moreover, the National Council for Combating Discrimination (NCCD) ruled on a discriminatory act in the case of a Romanian citizen of Arab ethnicity who tried to reactivate her bank account, but was subjected to additional checks and a delayed procedure because she was “born in Syria.”[8] In this case, the NCCD found discrimination on the basis of Article 2(1) and Article 10(d) of General Ordinance 137/2000 (OG 137/2000).[9]
Even when the employer takes all the necessary steps to obtain the necessary documents for foreign workers, the latter are faced with the procrastination of Romanian institutions. According to the press, this is also the case of a Filipino nanny, who, despite having a temporary residence permit and work permit, has been waiting for 6 months to receive a single permit, even though the procedure should have taken a month.[10]
There are a number of legal provisions in Romanian law that require respect for the principle of equality of treatment in employment relations,[11] or in the exercise of the right to work and to freely choose your occupation.[12] The legislation regulating the regime of foreigners also provides that foreigners enjoy equal treatment with Romanian citizens in access to the labour market, social security, public health care and public goods and services.[13] However, in practice it is found that foreign workers are not truly equal to Romanian workers until they obtain the single permit.
1. Legislation in Romania
Government Emergency Ordinance no. 194/2002 (OUG 194/2002) on the regime of foreigners in Romania defines a foreigner as “a person who does not have Romanian nationality, the nationality of another Member State of the European Union or of the European Economic Area or the nationality of the Swiss Confederation”.[14]
OUG 194/2002 is the core regulation for the rights and obligations of foreigners and the regime of the visa and residence permit. Thus, on the one hand, the short-stay visa lasts up to 90 days within 180 days and is granted for tourism, visits or other activities that do not involve immigration, and on the other hand, the long-stay visa lasts 90 days and is granted for professional activities, employment, studies or other purposes.[15] Nationals of countries with which Romania has agreements in this regard may be exempted from the visa requirement. [16] Once a long-stay visa has been obtained, it offers the possibility of obtaining a single permit. [17] The differences between the two and the issues we have identified are shown in the table below.
| How to exercise the right of temporary residence? | How to get it? | What rights does it offer? | Issues identified |
| LONG-STAY VISA for employment purposes | The application for a long-stay visa shall be submitted to the Romanian consular offices/diplomatic missions abroad no later than 3 months before the expected date of arrival. It must meet a number of requirements, including not giving rise to suspicions that it allows for illegal migration and taking part in an interview.[18] It must also be accompanied by a copy of the work permit, proof of financial means of support equal to the minimum gross salary, criminal record certificate and medical insurance.[19]A visa fee of 120 euros is payable in the state where the visa application is made.[20] Afterwards, it is granted by Romanian diplomatic missions and consular offices with the approval of the National Visa Centre, only after obtaining the approval of the Romanian Immigration Office [21]. | 1. Grants residence on the territory of Romania for the purpose of employment. 2. Possibility to apply for extension and obtain a residence permit.[22] | It is granted for 90 days.[23] We believe that foreign workers who arrive in the country on the basis of an employment contract of more than 3 months should not have to go through the visa and residence permit procedure. Instead, they should receive a residence permit from the beginning, or at least the rights that at the moment can only be accessed through a permit, such as the right to measures of social protection under the same conditions as Romanian citizens. These measures include the right to access state medical services based on the social health insurance [24], which is paid by their employers from the moment they start working. |
| SINGLE PERMIT for employment | At least 30 days before the expiry of the visa at the territorial units of the Romanian Immigration Office of the place of residence, the permit can be requested if the following documents are submitted: – application for extension of the right of temporary residence – border crossing document (passport, travel document, etc.) in original and duplicate – proof of legal ownership of the living space in original and duplicate – individual employment contract – print screen from the register of the employees, at the section containing the data about the individual employment contract signed by the employer – salary statement – medical certificate – payment of the fees related to the extension of the right of residence – attendance at the interview (if applicable).[25] It is issued by the General Inspectorate for Immigration.[26] The application shall be decided within 30 days from the date of submission, which may be extended by a maximum of 15 days for additional checks or up to 90 days if the right of residence is applied on the basis of marriage.[27] | The holder of the single permit becomes a resident[28] and can benefit from measures of social protection under the same conditions as Romanian citizens.[29] If they leave Romania temporarily, they have the right to re-enter for as long as the single permit is valid.[30] The single permit is also a proof of identity, proof of residence or domicile address on the territory of Romania and confirms the existence of the right of residence in Romania, as well as the duration and purpose for which this right was granted.[31]The foreigner is granted a Romanian identification number by the Romanian Immigration Office.[32] | Its duration is equal to period of the individual employment contract, but not for more than 1 year. Therefore, even though foreign workers have longer contracts, they must always extend their annual permit. Also, it is only after 3 months of residing and working in Romania, after obtaining the single permit that foreigners are issued with a Romanian identification number and can benefit from measures of social protection under the same conditions as Romanian citizens. |
It is worth noting that there is an intermediate period, where although employers pay contributions to the state, foreign employees cannot access public medical services until they obtain their single permit. The legislator should remedy this irregularity.
The General Ordinance no. 25/2014 (OG 25/2014) is the main legislative act for employment and posting of foreigners on the territory of Romania.[33] Thus, it provides that the work permit for the employment of a foreigner as a permanent worker is granted only if the employer has first made all efforts to ensure that the job is occupied by a Romanian, EU or EEA citizen or a foreign citizen who already has a long-term right of residence on the territory of Romania.[34] In order to prove that the employer has done all the due diligence, the employer must publish a job vacancy advertisement through Romanian mass-media, and then send a copy of the note verbal certifying the completion of the selection process.[35] The same conditions must be met for the employment of trainee workers [36], except for seasonal workers, au pair workers (who perform housework duties) or highly qualified workers. [37].
We consider excessive the measures and procedure established by the Romanian state for the non-European labour force. It also sends a message that “We only want foreigners if they do the jobs we don’t want or can’t do!” This attitude is also found among employers who declare that they hire foreign workers only because there is no Romanian labour force, even though they do not consider them “better than Romanians” nor do they “cost less” because they have to provide them with salary, accommodation and meals.[38]
By General Emergency Ordinance no. 143/2022, Article 17 of OG 25/2014 was amended, so that if the foreign worker wants to change his employer less than 1 year after registering the employment contract with the previous employer, they need the written consent of the previous employer which must be submitted by the new employer to the General Inspectorate for Immigration.[39] This does not apply if the termination of the individual employment contract occurs at the initiative of the previous employer, following the agreement of the parties, or if the resignation of the foreigner is due to the failure of the employer to fulfil the obligations assumed in the individual employment contract. [40] We conclude that, if he wishes to move to another employer, the foreign worker would need the written consent of the previous employer when resigning for reasons other than the failure of the employer to fulfil the obligations assumed in the employment contract. [41]
The reasoning behind this ordinance can be found in its preamble, according to which when foreign workers want to change their place of work, a prejudice is created for the previous employer who made all the initial expenses to place them on the Romanian labour market.[42] This modern serfdom allowed by our legislation is similar to the kafala system adopted by the countries in the Persian Gulf, which can lead to forced labour according to Human Rights Watch.[43] Asked by Libertatea about this legislative change, the leader of one of the largest trade union confederations in Romania said that this restriction on the freedom to leave a job is natural and that they cannot have the same rights as Romanian employees.[44]
2. European Union (EU) legislation: new legislative protection
For Romanian citizens, EU law ensures their freedom of movement as EU workers, which includes legislative protection regarding acceptance of offers of employment, free movement for this purpose and the right of residence in another Member State where the worker has found employment.[45]
But for foreign workers, Directive 2011/98/EU is the seat of the matter, which is also transposed by OG 194/2002 and OG 25/2014.[46] The directive is based on the common immigration policy which ensures “fair treatment of third-country nationals”.[47] The aim of this Directive is to establish a uniform procedure for issuing a single permit and “a common set of rights to third-country workers (…) based on equal treatment with nationals of that Member State”.[48] The preamble of this directive already emphasises the timely issuance of these single permits/visas through an efficient and user-friendly procedure.[49]
In 2022, a number of changes have been proposed to the Directive so to make the process even more efficient. In order to speed up the procedure, the competent authority to issue will have to issue a decision within a maximum of 90 days after the application has been submitted [50] and not 4 months as at present.[51] This period will cover all stages of the process, from labour market checks to visa issuance.[52] In Romania, only after the expiry of the 3-month long-stay visa and after 1 month required to process the application, can a foreign worker obtain the single permit. The reduction to 3 months, including the visa period, is a welcomed initiative that would streamline the process in Romania.
An important addition is Article 6 of Directive 2011/98/EU, according to which the single permit should have a minimum period of validity corresponding to the duration of the employment contract or 2 years, whichever is shorter.[53] In addition, the single permit would also give the foreign worker the right to look for another job during its validity.[54] If the amendments remain in this form, they would remove a number of abusive provisions in Romanian law, such as the renewal of the single permit every year and the job resignation process that requires the permission of the previous employer if it is within the first year of the contract.
3. Conclusions and recommendations
Foreign workers are not truly equal to Romanian workers until they obtain the single permit. In order to remedy this, we propose a non-exhaustive list of recommendations:
- Giving a Romanian Identification Number to foreign workers from the moment they arrive in Romania in order to have a means of identification, as well as access to social protection services from the moment their employers start paying social contributions;
- Removal of the provisions of OG 25/2014 according to which a work permit can be granted to a foreigner only if a Romanian citizen, an EU or EEA citizen or a foreign citizen who already has a long-term right of residence did not want to work there. Jobs should be granted on the basis of a person’s qualifications and not on the basis of ethnic criteria;
- Removal of the provisions of OG 143/2022 according to which a written agreement of the previous employer is required for the foreign worker to change their place of work in the first year, when resigning for reasons other than failure to fulfil the obligations assumed by the employer in the employment contract. These provisions restrict the foreign worker’s freedom to choose an occupation and undermine the legislation which should ensure equal access to the labour market;
- Support by Romanian MEPs for the amendments to Directive 2011/98/EU and subsequent implementation of these provisions in Romanian law.
[1] Decision No 1338 of 29 December 2023 on establishing the quota of foreign workers newly admitted to the labour market in 2024, Official Gazette No 7 of 4 January 2024, Source: https://legislatie.just.ro/Public/DetaliiDocument/277942 (Romanian only) accessed on 19 January 2024.
[2] Decision No 1448 of 8 December 2022 on establishing the quota of foreign workers newly admitted to the labour market in 2023, Official Gazette No 1186 of 9 December 2022, Source: https://legislatie.just.ro/Public/DetaliiDocument/262355 (Romanian only) accessed on 19 January 2024.
[3] Decision No 132 of 27 January 2022 on the establishment of the quota of foreign workers newly admitted to the labour market in 2022, Official Gazette No 90 of 28 January 2022, Source: https://legislatie.just.ro/Public/DetaliiDocument/251226 (Romanian only) accessed on 19 January 2024.
[4] Decision No 1133 of 30 December 2020 on establishing the quota of newly admitted foreign workers on the labour market in 2021, Official Gazette No 1326 of 31 December 2020, Source: https://legislatie.just.ro/Public/DetaliiDocument/235847#:~:text=ARTICOL%20UNIC%20Pentru%20anul%202021%20se%20stabile%C8%99te%20un,MONITORUL%20OFICIAL%20nr.%20780%20din%2012%20august%202021%29 (Romanian only) accessed on 19 January 2024.
[5] Foreign workers want equal rights with Romanians: without a Romanian identification number they can’t even go to the doctor, adevărul.ro (17 January 2024), Source: https://adevarul.ro/economie/muncitorii-straini-vor-drepturi-egale-cu-ale-2332361.html (Romanian only) accessed 31 January 2024.
[6] Adina Florea, Vlad Marko Tollea, 10 Indians, deported after working illegally on the Bontida road. The owner “forgot to do their papers” (12 Oct 2021), Source: https://adevarul.ro/economie/muncitorii-straini-vor-drepturi-egale-cu-ale-2332361.html (Romanian only) accessed 31 January 2024.
[7] Andreea Gutu, owner of La Mama restaurant chain launches expansion and has harsh references to some foreign workers: They must first learn to wash their hands. They are a disaster. For them, living with a cockroach is normal!, profit.ro (22 January 2024), Source: https://www.profit.ro/must-read/exclusiv-proprietarul-lantului-restaurante-mama-lanseaza-extinderea-referiri-dure-unii-muncitori-straini-intai-invatati-spele-maini-dezastru-trai-gandac-e-normal-21465444 (Romanian only) accessed 1 February 2024.
[8] National Council for Combating Discrimination, Decision No 271/04.05.2022, Source: https://www.cncd.ro/wp-content/uploads/2022/09/Hotarare-271-2022.pdf (Romanian only) accessed 31 January 2024.
[9] Ibid.
[10] Supra n 5.
[11] LABOUR CODE of 24 January 2003 (Law no. 53 of 24 January 2003), art. 5, Source: https://legislatie.just.ro/Public/DetaliiDocument/128647 (Romanian only) accessed on 31 January 2024.
[12] ORDINANCE No 137 of 31 August 2000 on the prevention and punishment of all forms of discrimination, Art. 1 para. 2 lit. e subpara. i), Source: https://legislatie.just.ro/Public/DetaliiDocument/24129 accessed on 31 January 2024.
[13] EMERGENCY ORDINANCE no. 194 of 12 December 2002 on the regime of foreigners in Romania, art. 80, Source: https://legislatie.just.ro/Public/DetaliiDocument/41005 accessed on 30 January 2024. (“OUG 194/2002”)
[14] OUG 194/2002, art. 2 lit. a).
[15] OUG 194/2002, art. 23 and art. 24.
[16] OUG 194/2002, art. 19.
[17] OUG 194/2002, art. 24 para. 2.
[18] OUG 194/2002, art. 27 para. 4 lit d, art 29.
[19] OUG 194/2002, art. 44 para. 2, art. 441 para. 2; General Inspectorate for Immigration, Long stay visa for employment purposes, Source: https://igi.mai.gov.ro/en/long-stay-visa-for-employment-purposes/ accessed 30 January 2024.
[20] General Inspectorate for Immigration, Long stay visa for employment purposes, Source: https://igi.mai.gov.ro/en/long-stay-visa-for-employment-purposes/ accessed 30 January 2024.
[21] OUG 194/2002, art. 30 para. 7.
[22] OUG 194/2002, art. 24 para. 2.
[23] OUG 194/2002, art. 24 para. 1.
[24] LAW No 95 of 14 April 2006 on health reform, art. 222 para 1 lit b, Source: https://igi.mai.gov.ro/en/how-can-i-obtain-a-right-to-stay-in-romania-for-exercising-a-profession/ accessed on 1 February 2024.
[25] General Inspectorate for Immigration, Single Permit, Source: https://igi.mai.gov.ro/en/single-permit/ accessed 30 January 2024; OUG 194/2002, art. 50, 51
[26] OUG 194/2002, art. 107 para. 1 lit.b.
[27] OUG 194/2002, art. 51.
[28] OUG 194/2002, art. 2 lit. c.
[29] OUG 194/2002, art. 3 para. 4.
[30] OUG 194/2002, art. 3 para. 3.
[31] OUG 194/2002, art. 108.
[32] OUG 194/2002, art. 1441 .
[33] ORDINANCE no. 25 of 26 August 2014 on the employment and posting of foreigners on the territory of Romania and for the modification and completion of some normative acts on the regime of foreigners in Romania, Source: https://legislatie.just.ro/Public/DetaliiDocument/160962#:~:text=ORDONAN%C8%9A%C4%82%20nr.%2025%20din%2026%20august%202014%20privind,unor%20acte%20normative%20privind%20regimul%20str%C4%83inilor%20%C3%AEn%20Rom%C3%A2nia accessed on 30 January 2024.
[34] OG 25/2014, art. 7 para. 2 lit. a.
[35] OG 25/2014, art. 8 para. 1 lit. c and d.
[36] OG 25/2014, art. 9, art. 10, art. 122 , art. 123 , art. 15, art. 16.
[37] OG 25/2014, art. 11.
[38] “Romania will receive 100 thousand foreign workers this year. Employer: we didn’t bring them because it costs us less, but we have no alternative” (08.01.2024), Digi24.ro, Source: www.digi24.ro/stiri/actualitate/social/romania-va-primi-anul-acesta-100-de-mii-de-muncitori-straini-angajator-nu-i-am-adus-ca-ne-costa-mai-putin-dar-nu-avem-alternativa-2638057 (Romanian only) accessed on 22 January 2024.
[39] EMERGENCY ORDINANCE no. 143 of 28 October 2022 amending Article 17 of Government Ordinance no. 25/2014 on the employment and secondment of foreigners on the territory of Romania and amending and supplementing certain regulations on the regime of foreigners in Romania, Article 17 para. 5, Source: https://legislatie.just.ro/Public/DetaliiDocumentAfis/260845 accessed 22 January 2024. (“OUG 143/2022”)
[40] Ibid, Art. 17 para. 6.
[41] Supra n 11, LABOUR CODE art. 81
[42] OUG 143/2022.
[43] Human Rights Watch, Qatar: Significant Labor and Kafala Reforms: “Qatar is the first country in the Arab Gulf region to allow all migrant workers to change jobs before the end of their contracts without first obtaining their employer’s consent, one of the key aspects of the kafala (sponsorship) system that can give rise to forced labor. “, Source: https://www.hrw.org/news/2020/09/24/qatar-significant-labor-and-kafala-reforms accessed 31 January 2024.
[44] Diana Meseșan, SECRET ORDER. How politicians and employers managed to tie foreign workers to their employers in Romania. “Modern slavery”, Libertatea (Dec 2022, updated August 2023), Source: https://www.libertatea.ro/stiri/sclavagism-modern-legea-prin-care-muncitorii-straini-sunt-legati-de-angajatorii-lor-din-romania-4369690 accessed 31 January 2024.
[45] Treaty on the Functioning of the European Union (Consolidated Version), Article 45, Official Journal of the European Union C 326/47 (26.10.2012), Source: https://eur-lex.europa.eu/resource.html?uri=cellar:2bf140bf-a3f8-4ab2-b506-fd71826e6da6.0023.02/DOC_2&format=PDF accessed on 22 January 2024.
[46] Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State, Official Journal of the European Union L 343/1 (23.12.2011), Source: https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32011L0098 accessed 22 January 2024. (“Directive 2011/98/EU”)
[47] Ibid, preamble by reference to Article 79 of the Treaty on the Functioning of the European Union (Consolidated Version), supra n 45.
[48] Ibid, art. 1 lit. a and b.
[49] Ibid, preamble, points 4-5.
[50] Draft Report of the European Parliament, Committee on Civil Liberties, Justice and Home Affairs, 2022/0131(COD), Amendment 48, Art. 5 para. 2 subpara. 1, p 34, Source: www.europarl.europa.eu/doceo/document/LIBE-PR-738493_EN.pdf accessed 22 January 2024. (“Draft Report”)
[51] Directive 2011/98/EU, Art. 5 para. 2.
[52] Draft Report, Amendment 49, Art. 5 para. 2 subpara. 2.
[53] Draft Report, Amendment 53, Art. 6 para. 1 subpara. 1.
[54] Draft Report, Amendment 68, Art. 11 para. 1 pct c a.
