New work notice needed for hiring employees

Written by: Bridgewest

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Employers need a new special work notice in order to be allowed to hire certain types of employees. In order to obtain the document, employers must pay the equivalent in lei of 200 euros. Business owners who do not observe the regulation could be fined with an amount between 1,000 and 3,000 lei. The Government Ordinance no. 25/2014 regarding the employment and secondment of foreigners in Romania and regarding the amendment and supplementing of certain normative documents for the applicable regime for foreigners in Romania was already published in the Official Gazette and it entered into force.

Notice for employment for foreign employees

The Romanian employer must obtain a notice of employment in order to be able to hire a foreigner in Romania and, at the same time, determine the situations in which foreigners can be employed without this special notice. According to the new provisions, foreigners having legal residence in Romania can be employed only under the notice of employment, which must be obtained by the employer.
The notice for employment is not necessary for the employment of foreigners whose free access to the labor market in Romania is established by treaties concluded by Romania and other countries. Also, employers do not need a special notice for foreign employees who carry out temporary educational activities, scientific activities or any other specific activities in special and accredited institutions in Romania or foreigners who perform artistic activities in cultural institutions in Romania.
Foreigners with a temporary permit for studies in Romania can be employed without an individual employment contract and only for part-time work amounting to maximum four hours a day.

How to obtain a notice of employment

The request for the employment notice is filed by the employer at the territorial unit of the General Inspectorate for Immigration. The application is usually solved within 30 days, after it was submitted, and the necessary documents include: the foreigner’s statement that he/she will work in Romania and, if necessary, a copy of the temporary residence permit, photographs, medical approval for employment and a proof that the foreigner has a minimum knowledge of the Romanian language, job description and the employer’s identification documents.
The equivalent in lei of 200 euros must be paid when making the application. For the employment of seasonal workers or foreigners with temporary residence after graduation or holders of temporary residence for family reunification, the applicable fee is the equivalent in lei of 50 euros.
In order to avoid any sanctions, employers in Romania should seek specialized help when hiring employees. You can contact our accountants in Romania for further details.