A Short Overview of Foreign Worker Employment in Romania

Romania is attracting more international workforce projects, particularly in construction, energy, manufacturing, IT and shared services. Bringing foreign personnel into the country, however, involves more than standard hiring steps. Employers must deal with a layered legal framework where immigration requirements, labour rules and EU mobility principles apply at the same time, and where the order of procedures is often decisive.

In practice, the main challenge for employers lies not only in identifying the relevant legislation, but also in understanding how these overlapping regimes interact and in sequencing the procedural steps required before foreign personnel may lawfully work in Romania.

A first distinction must be made between EU/EEA/Swiss citizens and third-country nationals, as the applicable legal regime differs fundamentally. EU citizens benefit from the principle of free movement of workers under the EU law and enjoy direct access to the Romanian labour market. They may be employed under the same conditions as Romanian nationals, without the need to obtain a work authorisation, subject only to certain administrative formalities concerning residence registration and general employment law compliance.

By contrast, third-country nationals may generally work in Romania only if they hold both a valid right of residence and, where required by law, a work authorisation issued by the General Inspectorate for Immigration, in accordance with the Government Emergency Ordinance no. 194/2002 on the regime of foreigners and the Government Ordinance no. 25/2014 on the employment and secondment of foreign nationals. Access to employment is, therefore, conditional upon compliance with both immigration and labour legislation, unless the individual falls within a statutory exemption granting direct access to the labour market.

Employers should carefully verify the correlation between residence rights and work authorisations, as a valid residence permit does not automatically confer a right to work and performing activities outside the authorised scope may expose both employer and employee to sanctions.
A distinct regime applies to Ukrainian nationals benefiting from temporary protection under the Council Implementing Decision (EU) 2022/382 and implemented in Romania through the Government Emergency Ordinance no. 20/2022. Beneficiaries of temporary protection holding a valid residence permit may access the Romanian labour market without obtaining a separate work authorisation otherwise required for third-country nationals.

Nevertheless, employers must still ensure full compliance with the Romanian employment law, including the execution and registration of employment agreements and observance of working time, remuneration and health and safety rules.

Where foreign personnel are assigned to Romania on a temporary basis by an employer established in another jurisdiction, it is essential to determine whether the arrangement qualifies as local employment or transnational posting. If workers are posted from a EU Member State, Law no. 16/2017 on the posting of workers in the framework of transnational provision of services will generally apply, requiring compliance with core Romanian employment conditions and the fulfilment of notification obligations towards the labour authorities. Where posted workers are third-country nationals employed by an entity established in another EU state, additional immigration requirements may apply and, in certain cases, a posting authorisation may be required from the General Inspectorate for Immigration.

Employers must also consider whether foreign workers’ professional qualifications or licences require recognition or validation in Romania. In regulated professions and certain technical sectors, foreign certificates issued abroad may not automatically produce legal effects and may require prior recognition or registration with the competent Romanian authorities before the activity can be lawfully performed.

Given the interaction between immigration, labour and sector-specific rules, early legal assessment and careful planning remain essential. A coordinated approach to residence, work authorisation and employment compliance is critical to ensuring the lawful and efficient deployment of foreign workforce in Romania and to avoiding operational delays, sanctions or reputational risks.