Simplified Employment Rules for Ukrainian Citizens
Migratory pressure determines new rules intended to facilitate a more rapid access for Ukrainian citizens to the Romanian labor market.
Support for displaced citizens of Ukraine
The solutions provided for in the newly adopted Emergency Ordinance no. 20/2022 are designed to increase the extent of assistance available to Ukrainian citizens who relocated to Romania to escape the consequences of the armed conflict in Ukraine. An overarching challenge for Member States’ Governments is to ensure specific humanitarian aid, including the need to improve the labor law context that would allow eased access to employment.
While major immigration consequences are expected depending on how the conflict evolves, Member States are likely to host a significant number of immigrants. To reduce formalities to a minimum, Romanian institutions have recently adopted Emergency Ordinance no. 20/2022 on amending and supplementing various normative acts, as well as establishing humanitarian support and assistance measures (hereinafter the “Ordinance”).
Ukrainian citizens may be employed without a work permit
Although certain labor-related measures have been adopted, one of the most relevant updates set forth by the Ordinance refers to the possibility for Ukrainian citizens who have legally entered the territory of Romania and who do not request a form of protection (asylum) to be employed without an employment permit.
The right to stay for employment purposes is extended for Ukrainian citizens
In addition, in order to allow access to income-generating opportunities for Ukrainian immigrants, another exceptional measure recently adopted through the Ordinance extends the right to stay for work purposes without the obligation to obtain a long-stay visa for employment.
Ukrainian nationals fleeing the war and who do not have any documents proving the professional qualification or work experience required for employment are given the possibility to be employed in Romania for an initial period of 12 months, with the possibility of consecutive extensions of this initial term by periods of 6 months, but no longer than one year. Such possibility is offered if an affidavit is provided, stating that the concerned person meets all conditions of professional qualification and does not have a criminal record.
The derogation is not applicable to those persons who intend to practice regulated professions, such as doctor, dentist, pharmacist or architect.
The ordinance will bring significant simplifications of the Ukrainian citizens’ right to work in Romania. However, the normative framework still needs to be developed to better protect immigrants’ rights and address the specific concerns they experience.