Romania has introduced a new legal framework for the employment of third-country nationals through the official WorkinRomania.gov.ro platform. One of the most important changes brought by Government Emergency Ordinance no. 32/2026 („OUG 32/2026”) is the concept of the authorized employer: a Romanian legal entity that may directly hire foreign workers who require a long-stay employment visa, type D/AM2, for positions included in the shortage occupations list.
This status is not available to every employer.
Main eligibility conditions for authorized employers
To qualify, a company must meet several conditions showing business continuity, operational capacity and regulatory compliance. These include, among others, at least 24 months of uninterrupted economic activity in a field compatible with the relevant shortage occupation, an average of at least 50 employees in the previous year, no outstanding tax debts to the consolidated state budget, and the creation of a financial guarantee of EUR 1,000 for each foreign worker covered by the authorization request.
The ordinance also introduces a broader compliance review. The employer, its legal representatives, directors, shareholders and, in certain cases, related corporate shareholders must pass checks concerning criminal, labour law, occupational health and safety, anti-money laundering, terrorism financing and national security risks.
Foreign recruitment partners and prohibited fees
Where foreign recruitment partners are involved, the Romanian employer must also verify that those entities are properly authorized in their country of origin and do not charge prohibited fees or guarantees to the foreign workers.
For companies planning to recruit non-EU workers in Romania, the new rules make immigration and employment planning more structured, but also more demanding. The authorized employer status can facilitate direct recruitment for shortage occupations, but only if the company can document its eligibility and maintain compliance throughout the validity of the authorization. Before submitting a request through WorkinRomania.gov.ro, employers should review their corporate, tax, labour and recruitment arrangements to avoid delays, rejection or future loss of authorization.
If your company plans to recruit non-EU workers in Romania, legal review can help assess whether the authorized employer conditions are met, identify documentation gaps and reduce the risk of rejection, delays or future loss of authorization.
For a detailed analysis in Romanian, see the author’s full article published on Avocatnet.ro