Romanian employers that want to hire workers from outside the European Union must use the WorkinRomania.gov.ro platform.
Depending on the case, the employer must be either registered or authorized on the platform. The distinction is important. It affects who may apply, what type of employment visa can be requested, how many foreign workers may be hired and what guarantees or obligations apply.
Below is a practical comparison.
Key points to remember
Individuals, authorized natural persons (PFAs), sole proprietorships (IIs) and Romanian legal entities (e.g. companies) may become registered employers.
By contrast, only Romanian legal entities can become authorized employers. Their directors, associates or shareholders may be Romanian or foreign nationals.
Authorized employers may apply directly for both D/AM1 and D/AM2 employment visas.
Registered employers may apply directly only for D/AM1 visas. For D/AM2 visa applications, they must act through a labor placement agency.
There is no maximum number of foreign workers which can be hired by authorized employers. On the other hand, the law provides limited numbers of foreign workers which can be recruited by the registered employers.
The authorized employers must provide a financial guarantee for each foreign worker they would like to recruit. There is no such condition for the registered employers.
Who can register or obtain authorization?
A registered employer may be:
- a natural person employer;
- an authorised natural person (PFA);
- a sole proprietorship (II);
- a Romanian legal entity (e.g. company).
A Romanian legal entity may have Romanian or foreign directors, associates or shareholders.
An authorized employer can only be a Romanian legal entity. This option is therefore not available to individuals, authorized natural persons or sole proprietorships.
How the employment visa can be requested
A registered employer may request a D/AM1 long-stay employment visa directly through the platform, for the categories of foreign workers covered by the applicable legal rules.
For workers who need a D/AM2 visa, the registered employer must apply through the digital platform only through a labor placement agency.
An authorized employer may request both D/AM1 and D/AM2 visas directly through the platform. It does not have to use a labor placement agency for this step.
Main obligations after hiring
Many obligations apply to both registered and authorized employers.
The individual employment agreement must be bilingual. It must be drafted in Romanian and in the foreign worker’s language, or in another international language that the worker understands.
The agreement must also include key information about the job, the duration of employment, salary, working conditions, accommodation, transport, taxes and social contributions.
Salary payments must be made only into the foreign employee’s bank account.
Employers must also provide occupational safety and health training in a language the worker understands. They must ensure access to Romanian language courses, including basic cultural and social integration elements.
In addition, foreign workers must have access to confidential complaint and abuse-reporting procedures, including through the electronic platform.
Employers must cooperate with the competent authorities, notify relevant employment-related events and keep copies of the worker’s passport, residence permit and supporting documents. Personal data must be processed in line with GDPR rules.
Additional duties for authorized employers
Authorized employers have further obligations.
They may have to cover return or expulsion costs, up to EUR 2,000 per foreign worker.
They must also ensure transport from the worker’s point of entry into Romania to the workplace or accommodation.
If the employment contract ends early, the authorized employer must take steps to put in contact the worker with a labor placement agency, with the aim of concluding a new employment contract with a another Romanian employer. If this is not possible, the employer must bear the costs of the worker’s return to the country of origin.
Employee thresholds and financial guarantees
A. Registered employers
Registered employers are subject to specific limits.
Natural person employers and authorized natural persons may hire up to three foreign workers.
Sole proprietorships may hire up to eight foreign workers.
For Romanian legal entities, the number of foreign workers hired under the D/AM2 route cannot exceed the average number of employees registered in the previous year. For D/AM1 visas, the legal entities are not bound to prove a number of employed staff.
There is no financial guarantee requirement for registered employers.
B. Authorized employers
Authorized employers are not subject to a maximum number of foreign workers. However, they must provide a financial guarantee of EUR 1,000 per employee.
They must also have had an average of at least 50 employees in the year before applying for authorisation.
Business history requirements
For registered employers, the business history requirement applies only to D/AM2 visas. The employer must have carried out actual economic activity for at least one year in a field compatible with the relevant occupation. No such proof is required for D/AM1 visas.
Authorized employers must have carried out uninterrupted economic activity for at least 24 months in a field compatible with the occupation for which the foreign worker is hired.
Other restrictions
Registered and authorized employers may not hire foreign workers for the benefit of other Romanian employers.
They may not collect fees or commissions from foreign workers. They may also not require deposits or guarantees from them.
For D/AM2 visas, the job must be included in the approved shortage occupation list and must fall within the annual quota.
Both types of employers must also meet several integrity and compliance conditions. These include tax compliance, lack of relevant sanctions and the absence of certain criminal convictions or risks connected with national security, undeclared work, labour rules or financial discipline.
Which option is more suitable?
The registered employer route may be more accessible for smaller employers or for cases where only a limited number of foreign workers is needed.
The authorized employer route is more suitable for Romanian companies that hire foreign workers on a larger scale and can meet stricter conditions. It offers a more direct visa route, but it also involves higher compliance duties and a financial guarantee.
Before choosing a route, the employer should assess the legal form of the business, the type of visa required, the number of workers, the business history and the practical capacity to comply with the platform requirements.
For a detailed analysis in Romanian, see the author’s full article published on Avocatnet.ro