Government Ordinance no. 25/2014 regarding the employment and secondment of foreign citizens in Romania

New legislation is due to come into force on 28 November 2014, which will oblige employers, as a general rule, to obtain an employment or secondment authorization if they wish to employ or use seconded foreign citizens.

Employers will need to apply to the General Inspectorate for Immigration for authorization. There is a fee for doing so of EUR 200 (or EUR 50, if the authorization sought is in respect of seasonal workers). Approval will be subject to conditions, which differ by reference to the type of workers concerned (i.e. whether permanent workers, trainee workers, seasonal workers, cross-border workers or highly qualified workers).

There are certain exemptions from the need to abtain approval in respect of the following: workers employed for scientific, educational or cultural purposes; foreigners who are appointed managers of a subsidiary established in Romania of a company registered abroad; those who have a long-term right to stay in Romania; and those who have a temporary right to stay for family reunion purposes etc.

A failure to comply with the new regulations is considered a misdemeanour and will be subject to fines ranging between 1,000 to 3,000 RON.