New regulations on work permits for the transfer of foreign workers

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New regulations on work permits for the transfer of foreign workers

In recent years, employers, multinationals, but also local companies, have indicated that there is no longer enough labor in Romania and that the import of employees from outside the European Union has become necessary for business development. Such an approach requires a good knowledge of the specific provisions of labor law, but also a greater attention to changes in these provisions.

Recently, changes were made regarding the issuance of the Notice of Employment in Special Situations from OG 25/2014 regarding the employment and distribution of foreigners on the territory of Romania. In other words, according to the new changes, a foreign worker will have the opportunity to take a new job at another employer only with the written consent of the previous employer. This is the basic document for obtaining a new work permit for workers. Here are the changes brought by the new law regarding non-EU workers in Romania and employers:

According to the newly formalized normative law, when an employer wants to hire a foreign worker who is already employed elsewhere, an employer must have the consent of the original employer to obtain a new work permit.

GEO 143/2022 amends the provisions of 2014 regarding the issuance of employment notices in special circumstances regarding the employment and assignment of foreigners in Romania, as well as the occupation of a new job by a foreign worker at another employer. This can only be done on the basis of the written consent of the previous employer, that is, the basic document for obtaining the new work permit of the employee.

This agreement is required if the duration of the foreign worker’s employment contract is less than one year, and the termination of the employment relationship did not take place at the initiative of the employer, with the agreement of the parties or by the resignation of the foreigner because the employer did not fulfill its obligations under the Labor Code. 

In addition to this agreement, the work permits required for new employers to hire foreign workers will be provided on the same basis as before. Proof that all necessary measures have been taken to hire recognized foreign workers and Romanian, European or foreign workers with long-term residence rights for the vacant positions.

This transfer is only valid if it is made during the period of validity of the Combined Foreign Worker’s Permit or the EU Blue Card.

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