Government Emergency Ordinance No. 32/2026 on the access of foreign workers to the Romanian labor market was published in the Official Gazette of Romania no. 335 / 27.04.2026 and is set to overhaul the legal regime applicable to the employment of third-country nationals in Romania, while also amending Government Emergency Ordinance No. 194/2002 on the regime of foreigners in Romania, the Labor Code and the consular services law (Law No. 198/2008) (“GEO 32/2026“).
The reform is built around a new dedicated electronic platform “WorkinRomania.gov.ro“, that will be operated by the Ministry of Internal Affairs, through which, inter alia, all registrations, authorisations, single applications and notifications regarding foreign workers will be filed and processed.
Another central novelty of the reform is the introduction of the “List of Deficit Occupations”. This list acts as the central regulatory filter of the new system: hiring procedures for the categories of foreign workers (i.e., permanent, seasonal and cross-border workers) may, as a rule, be initiated only for occupations included on the list, and several key conditions under GEO 32/2026, including the registration of employers, the authorization of employers and the activity of placement agencies, are calibrated by reference to it. The List of Deficit Occupations shall be approved by order of the Minister of Labor, Family, Youth and Social Solidarity within 45 days from the entry into force of GEO 32/2026.
OVERVIEW
GEO 32/2026 introduces a two-tier regime for any company employing third-country nationals in Romania:
- Registered employers – any employer wishing to hire foreigners must first be registered on the WorkinRomania.gov.ro platform and registered in the new “Register of Employers of Foreigners” (R.A.S.). Registration requires, among others, no outstanding budgetary debts, at least one year of effective activity in fields compatible with the List of Deficit Occupations, a clean record on undeclared work and immigration-related sanctions, and integrity checks on legal representatives, shareholders and beneficial owners.
For the categories of foreign workers covered by Article 27² of GEO 194/2002 (workers historically channelled via placement agencies, i.e. permanent, seasonal and cross-border workers under a D/AM2 visa), registered employers will have to contract with a foreigners’ placement agency authorized by ANOFM. The contractual setup involves two instruments: (i) a written services contract between the registered employer and the placement agency; and (ii) a tripartite “placement contract” signed by the placement agency, the registered employer and the foreign worker, drawn up in Romanian and in the worker’s language of origin or in another international language understood by the worker. Together, these two instruments form the new contractual ”backbone” of the system.
- Authorized employers – for registered employers who wish to hire directly the categories of foreign workers covered by Article 27² of GEO 194/2002 without contracting a placement agency, an additional authorization, granted by the National Employment Agency (ANOFM) is required. Authorization is conditional inter alia upon constituting a financial guarantee of EUR 1,000 per foreign worker, by way of treasury deposit or bank letter of guarantee, at least 24 months of effective activity in a field compatible with the relevant occupation on the List of Deficit Occupations and a minimum average headcount of 50 employees in the previous year. The guarantee is used to cover return costs, fines and costs incurred by the authorities.
Foreigners’ placement agencies are strictly regulated under GEO 32/2026. Placement agencies are Romanian legal entities (or equivalent entities established in another EU/EEA Member State or in Switzerland) whose main activity falls under NACE code 7810 (“Activities of employment placement agencies”). They may operate only on the basis of a 2-year authorization issued by ANOFM, are registered in the Register of Placement Agencies of Foreigners (R.A.P.S.) and must constitute a financial guarantee of EUR 75,000 for up to 250 placed foreign workers (increased by EUR 50,000 for each additional tranche of 250). Placement services may be provided exclusively for occupations included in the List of Deficit Occupations.
KEY CHANGES RELEVANT TO EMPLOYERS IN ROMANIA
- Firm job offer with mandatory content
Before any hiring, employers must upload onto the electronic platform a “firm job offer” containing several elements (duration, position, working time, gross/net salary, minimum wage, salary supplements, paid leave, conditions for repatriation, etc.), as well as an explicit allocation between employer and worker of accommodation, meals and transport costs. The number of foreigners that a legal-person employer may hire is capped at the average annual headcount registered the previous year.
- New core obligations for all employers of foreigners
Employers must (a) pay the salary into the foreign worker’s bank account; (b) execute the individual labor agreement both in Romanian and in the worker’s language of origin or another international language understood by the worker; (c) include in the agreement the elements of the firm offer; (d) where accommodation is provided, ensure that the rent does not exceed 25% of the worker’s net salary.
Additional obligations include providing Romanian language and integration courses for at least 6 months (minimum 6 hours/week), ensuring confidential complaint channels, and keeping copies of identity/residence documents for at least 5 years after the end of the employment relationship.
- Amendments to the Labor Code
The Labor Code is amended so that (a) the individual labor agreement of a foreign employee must also be drawn up in his/her language of origin or in an international language understood by him/her, with a fine of RON 6,000 per contract executed only in Romanian; (b) a foreign employee may be hired without a prior medical certificate ascertaining that he/she is able to perform the work, provided the certificate is obtained by the start date; and (c) new grounds for de jure termination of the labor agreement are set forth (rejection of the single application and finding of illegal stay by the Immigration Inspectorate, including for EU/EEA/Swiss nationals).
- Single-application procedure via WorkinRomania.gov.ro
The current “employment notice / posting notice” (in Romanian “aviz de angajare/detașare”) is replaced by a single application filed exclusively through the platform: (i) by the employer for highly qualified workers, ICT and other special categories (D/AM1 visa), and by (ii) the placement agency or (iii) the authorized employer for permanent, seasonal and cross-border workers (D/AM2 visa). Applications are processed within 30 days, with priority for highly qualified profiles.
- Restrictions on change of employer and posting reforms
Holders of a single permit or EU Blue Card may only change employer by resignation after at least 6 months of activity registered in REGES-ONLINE with the previous employer (subject to limited exceptions for serious breach by the employer). Workers under Article 27² of GEO 194/2002 may not, in principle, take the initiative to change employer for the first 6 months from the start of activity registered in REGES-ONLINE (with a limited exception for serious breach by the employer). Even after this 6-month period (or under the exception), they may only change employer through the placement agency that is party to the placement contract, until 2 years have elapsed from the start of activity. GEO 32/2026 also transposes Directive (EU) 2024/1233 (single permit recast) and updates the rules on posting and intra-corporate transfers (ICT).
- Suspension and de-registration on the electronic platform
Registration is suspended for 6 months if the registration conditions are no longer met, if more than 20% of the foreign workers hired over any 6 consecutive months lose their right of residence, or upon findings by labor inspectors of breaches of the individual labor agreements. During suspension, no new firm job offers may be uploaded and pending single applications are themselves suspended. Loss of the right to apply for a new authorization, and forfeiture of the financial guarantee to the State budget, may follow in case of repeated or serious breaches.
- Sanctions regime substantially tightened
Fines ranging from RON 5,000 to RON 30,000 are introduced for breach of the employer’s or placement agency’s obligations under GEO 32/2026, and four new offences are added to GEO 194/2002, including hiring an illegally staying foreigner (with or without a written contract), failure to provide the seasonal worker’s accommodation as undertaken or automatic deduction of rent from salary, and failure to ensure that the foreigner actually performs the activity matching the COR code in the contract. Complementary sanctions may include loss of public aid (including EU funds) for up to 5 years, recovery of aid granted in the previous 12 months and temporary or permanent closure of the work points concerned.
- Transitional regime
Pending applications for employment/posting notices filed before the entry into force of GEO 32/2026 will continue to be processed under the previous rules, and corresponding long-stay visas may be requested within 180 days from the date the notice is obtained by the employer or, as the case may be, by the beneficiary of the service provision. Foreigners already on Romanian territory whose right of stay has expired (and against whom no return obligation has been issued) may, until 31 December 2026, request the extension of their right of stay for work purposes without obtaining a new long-stay visa, provided they declare their actual address to the Immigration Inspectorate within 60 days of the entry into force of the GEO 32/2026. In addition, applications for employment notices filed with the Immigration Inspectorate up to 7 August 2026 in connection with a change of employer continue to be processed under the previous rules.
