Emergency Ordinance No. 32 regarding foreign nationals’ access to the Romanian labor market, as well as amendments and additions to certain normative acts, has been published in the Official Gazette.

The ordinance establishes a completely new framework for the employment and placement of workers from outside the European Union in Romania, repealing Title I of Government Ordinance 25/2014 and substantially amending Emergency Ordinance 194/2002 (regarding the regime of foreign nationals), the Labor Code, and Law 198/2008 (consular fees).

Below are the most important changes:

There will be two ways to employ D/AM2 workers, exclusively through the platform WorkinRomania.gov.ro as a single entry point. The single application will replace the current work permit:

1. Through an authorized placement agency (general rule, art. 10): the registered employer hires through an authorized agency with which it signs a service agreement; a tripartite placement contract is concluded between the agency, the employer, and the foreign worker.

2. Through an authorized employer (exception, art. 11): employers that meet certain conditions may hire directly, without an agency.

Mandatory financial guarantees:

• Authorized employer: €1,000 per foreign worker (art. 13)
• Placement agency: €75,000 for up to 250 foreign workers, +€50,000 for each additional tranche of 250 (art. 25)
• Lump sum of €2,000 per person, recoverable from the employer or agency if the General Inspectorate for Immigration (IGI) notifies the departure of the foreign worker (arts. 14 and 26)

Stricter conditions for authorized employers (art. 12):

• Minimum 24 months of actual activity
• Minimum average of 50 employees in the previous year
• In the previous year, no more than 20% of employed foreign workers may be in an irregular situation
• No sanctions for undeclared work in the last 24 months

Conditions for employment placement agencies (art. 24):

• Legal representatives, administrators, and shareholders must be citizens of the EU/EEA/Switzerland
• They must not have been public officials in the last 3 years within authorities competent in labor migration (IGI, Ministry of Foreign Affairs, Ministry of Labor, ANOFM, Labor Inspection)
• Identification of beneficial owners in accordance with Law 129/2019
• Authorization valid for 2 years, renewable

Changes regarding visas (amendments to GEO 194/2002):

• The work visa is divided into D/AM1 (highly qualified persons, specially qualified staff, professional athletes, citizens from Moldova/Ukraine/Serbia, and workers in infrastructure projects) and D/AM2 (permanent, seasonal, and cross-border workers through an agency)
• New visa D/VM (working holiday)
• New Article 13²¹ listing categories that can be employed without requiring a D/AM visa (long-term residents, family members, students, beneficiaries of protection, etc.)
• Mandatory collection of biometric data (facial image + 10 fingerprints) for long-stay visas
• Long-stay visa fee: €300 (with progressive allocation to the Ministry of Foreign Affairs: 50% in 2026, up to 95% starting in 2030)

Changes to the Labor Code:

• Obligation to draft the individual employment contract of the foreign worker in Romanian and in the worker’s native language or in an easily understood international language (art. 16 para. 19)
• Exception: the foreign worker may be hired without a prior medical certificate but must obtain it before actually starting work (art. 27)
• New grounds for termination of the contract: rejection of the single application and establishment of illegal stay by IGI (art. 56)
• Fine of 6,000 RON for contracts not drafted bilingually (art. 260)

Sanctions (Chapter VII, arts. 42–44): fines range between 5,000 RON and 40,000 RON per worker, with a new specific offense for placement without authorization.

Critical transitional regime (Title V):

• The provisions of Title I apply until August 7, 2026 exclusively for employer registration, agency authorization, and platform testing. The full regime effectively enters into force on August 8, 2026.
• Applications for employment/secondment permits submitted before entry into force will be resolved under the previous legislation (art. 49).
• A 180-day deadline to request the D visa based on previously issued notifications.
• Extraordinary regularization regime: foreign nationals who remained in Romania after the expiration of their right of stay and against whom no return decision has been issued may request an extension until December 31, 2026 (art. 52).
• Deadlines for implementing acts: 30–45 days from entry into force for the necessary ministerial orders and government decisions.

We will return with further information as soon as it becomes available.

Disclaimer

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