Key Changes Introduced by Government Emergency Ordinance No. 32/2026 and the launch of the WorkinRomania.gov.ro digital platform

I. Key changes introduced

The conditions governing foreign nationals’ access to the labour market were substantially amended by Government Emergency Ordinance No. 32/2026 on foreign nationals’ access to the Romanian labour market (hereinafter referred to as “GEO 32/2026”), which entered into force on 27 April 2026. At the same time, the legislation that previously governed the well-known employment permit was repealed by GEO 32/2026.

Accordingly, the central element of the new regulatory framework is the elimination of the employment permit as a separate procedural stage and its replacement with a single application submitted exclusively electronically for the purpose of obtaining a long-stay visa for employment purposes (or an extension of the right of stay, as applicable).

For employers, the key consideration is not merely obtaining initial access to the procedure, but continuously meeting the eligibility requirements and complying with the obligations undertaken.

II. The new WorkinRomania.gov.ro platform is now operational

The WorkinRomania.gov.ro electronic platform is developed and operated by the Ministry of Internal Affairs. The platform has thus become the central tool for registering employers, authorising employment placement agencies and employers that recruit directly, as well as for uploading single applications.

As a rule, registration or authorisation on the platform is a prerequisite for employing foreign nationals falling within the scope of the Ordinance. Procedures concerning permanent, seasonal and cross-border workers may be initiated only for occupations included in the Shortage Occupations List, approved by order of the Minister of Labour and updated every six months or whenever necessary. The D/AM2 visa is also subject to availability within the annual quota for newly admitted workers.

The platform automatically verifies the occupation, and job offers that do not specify an occupation included in the List are automatically rejected.

Each year, the annual quota of newly admitted foreign workers is established by Government Decision and may be increased upon a proposal from the Ministry of Labour. The D/AM2 visa is issued only if the quota has not been exhausted. Pending the adoption of the new Government Decision, availability is assessed against the quota established for 2026 by Government Decision No. 1.169/2025.

The practical difficulty is that, in the absence of a validated account on the relevant platform, no foreign national falling within the scope of the Ordinance may be employed. However, we note that this requirement does not apply to employers hiring certain categories of employees, such as holders of long-term residence rights, family members of Romanian citizens, students and beneficiaries of protection.

Under the new mechanism, GEO 32/2026 distinguishes between two categories of long-stay visas for employment purposes, each subject to a different regime.

Thus, the D/AM1 visa applies to highly qualified workers and the other special categories provided for under Article 27¹ of Government Emergency Ordinance No. 194/2002 (teaching, scientific or artistic staff, professional athletes, citizens of the Republic of Moldova, Ukraine and Serbia employed on a full-time basis, among others). For this type of visa, the single application is submitted directly by the registered employer, without the involvement of an agency, and recruitment is not subject to the Shortage Occupations List or the annual quota.

By contrast, the D/AM2 visa applies to permanent, seasonal and cross-border workers, exclusively for occupations included in the List and within the limits of the quota. As a rule, the application is submitted through an authorised employment placement agency. Direct recruitment is possible only if the employer obtains authorised employer status and provides the required financial guarantee.

Irrespective of the applicable route, the employer must upload a firm job offer to the platform. The offer must include the essential elements of the future employment relationship, such as the position, duration of employment, working hours, remuneration and working conditions, as well as, where applicable, the arrangements concerning accommodation, transport and repatriation.

III. Key differences between a registered employer and an authorised employer

The distinction between a registered employer and an authorised employer is particularly relevant to the recruitment of D/AM2 workers, as the choice between recruitment through an agency and direct recruitment subject to authorisation is specific to this route. The choice between the two options is essential, since the applicable requirements and practical procedures differ entirely.

Thus, when recruiting D/AM2 workers, a registered employer must recruit through an authorised employment placement agency, whereas an authorised employer may recruit directly but must meet a higher standard and provide the financial guarantee required under the Emergency Ordinance. The agency acts as an intermediary, while the individual employment agreement is concluded between the worker and the employer.

More specifically, a registered employer must have carried out actual business activities for at least one year in fields compatible with the shortage occupations, have no outstanding tax liabilities and comply with the statutory integrity requirements. The requirement to have carried out actual business activities for at least one year applies only to employers that are legal entities and does not apply to the recruitment of D/AM1 categories. When recruiting D/AM2 workers, the conclusion of a services agreement with an authorised employment placement agency is mandatory, and the registration application must be processed within no more than 30 working days. For legal entities, the number of D/AM2 workers may not exceed the average number of employees recorded in the preceding year, while natural persons may employ no more than three foreign nationals.

By contrast, an authorised employer, which may only be a legal entity, must have carried out uninterrupted economic activity for at least 24 months, had an average of at least 50 employees during the preceding year, have no outstanding tax liabilities, have employed foreign nationals during the preceding year and meet additional compliance requirements. Unlike a registered employer, it may directly employ foreign nationals falling within the D/AM2 worker categories, without requiring an agreement with an employment placement agency. Workers recruited in this manner may perform work exclusively for the authorised employer and not for the benefit of other employers. The authorisation application must be processed within no more than 15 working days, and the authorisation granted is limited to the firm job offer and the number of foreign nationals covered by the financial guarantee.

IV. Financial thresholds and conditions imposed by the new regulatory framework

Before obtaining authorisation, an authorised employer must provide a guarantee of EUR 1,000 for each foreign national, payable in Romanian lei at the exchange rate of the National Bank of Romania. The guarantee must be maintained for as long as the relevant obligations remain in force and covers the costs borne in connection with the foreign national’s return to their country of origin, accommodation, food, care or support, as well as any unpaid fines.

A separate mechanism for ensuring employers’ financial accountability in relation to foreign workers applies when a foreign worker is removed from Romanian territory. In such cases, the authorised employer automatically owes a lump-sum amount of EUR 2,000 per person, irrespective of fault. This amount is covered as a matter of priority from the financial guarantee provided upon authorisation and constitutes an enforceable instrument if it remains unpaid. Furthermore, if such cases concern more than 20% of the employer’s non-EU employees during any period of six consecutive months, the employer loses the right to apply for a new authorisation for 36 months.

An authorised employment placement agency must maintain a guarantee of EUR 75,000 for up to 250 foreign nationals placed in employment, increased by EUR 50,000 for each additional tranche of 250 workers.

V. Practical obligations and applicable penalties

Employers must conclude a bilingual individual employment agreement, drafted both in Romanian and in the language of the foreign national’s country of origin or in an international language understood by the foreign national. The agreement must include the mandatory elements of the firm job offer. Employers must also pay the salary into the worker’s bank account, provide occupational health and safety training in a language understood by the worker, supply the necessary personal protective equipment, and retain copies of travel or residence documents and evidence of compliance for at least five years after the termination of the employment relationship. Employers must also provide access to confidential complaint mechanisms. Where accommodation is provided, the rent may not exceed 25% of the foreign national’s net remuneration or salary.

Employers must also notify the authorities within five working days of situations such as:

• the foreign worker’s unexcused absence for more than three consecutive working days;
• the termination of the individual employment agreement;
• any situation in which the foreign worker is in danger, is subjected to exploitation, or in which a failure to comply with the conditions underlying the granting of the right to work and reside is identified.

Employers must also provide Romanian-language courses, either directly, through accredited providers or in cooperation with public institutions, non-governmental organisations, international organisations or educational institutions. These courses must include elements of cultural and social integration and must be provided to foreign nationals for at least six months from the date on which they begin working in Romania, as recorded in REGES-ONLINE, for at least six hours per week.

Furthermore, D/AM2 workers may not change employers on their own initiative during the first six months after beginning work in Romania, unless the employer seriously breaches its contractual obligations or the terms governing the employment relationship. Until two years have elapsed, any change of employer must, as a rule, be carried out through an employment placement agency. In the cases of early termination expressly provided for under GEO 32/2026, the agency must use reasonable efforts to present at least two job offers, while the authorised employer must identify an employment placement agency and facilitate contact between it and the foreign national so that an individual employment agreement may be concluded with another employer. If no new employer is identified within the statutory 90-day period, the costs of the foreign national’s return to their country of origin must be borne by the agency or the authorised employer, as applicable.

Failure to comply with the obligations laid down in GEO 32/2026 may result in administrative fines ranging from RON 5,000 to RON 30,000. Furthermore, carrying out any activity involving the placement of foreign nationals while the authorisation is suspended constitutes an administrative offence and is punishable by a fine ranging from RON 15,000 to RON 20,000 for each foreign national placed in employment in Romania.

VI. Conclusions

GEO 32/2026 marks a paradigm shift in foreign nationals’ access to the Romanian labour market. The elimination of the employment permit as a separate procedural stage, the digitalisation of procedures through the WorkinRomania.gov.ro platform and the introduction of the single application mechanism simplify, in principle, the logistical and administrative burden, while requiring employers to achieve a significantly higher level of preparedness and ongoing compliance.

The distinction between registered and authorised employers redefines the responsibilities and costs assumed by each, while the financial guarantees, notification obligations and requirements concerning the integration of foreign workers transform international recruitment into a complex process with specific legal and financial implications.

In this context, employers intending to recruit workers from third countries must carefully assess whether to pursue registration or authorisation, continuously monitor the Shortage Occupations List and the approved annual quota, and implement clear internal procedures to ensure compliance with all obligations laid down in the Ordinance.

Non-compliance may result not only in administrative penalties but also in the loss of the right to recruit for a period of up to 36 months.