Last updated: 5 December 2014
LABOUR LAW : HIRING NON-EU EMPLOYEES
At the end of September, we presented to you the latest news in labour law, referring to the reduction of social security contributions paid by the employer. The end of the year brings new changes in labour law, following the entry into force, on
November 28, of Ordinance no. 25/2014 on employment and secondment of foreign citizens in Romania and following the entry into force, on November 20, 2014, of Order no. 2208/2014 amending the value of nursery tickets. Hereinafter you can find
a brief presentation of these changes.
EMPLOYING FOREIGN CITIZENS
In accordance with the legal provisions in force, as a general rule, non-EU foreign citizens can be hired in Romania provided that their employer obtains a hiring permit, issued by the General Inspectorate for Immigration, certifying an employer’s right to
hire a foreign citizen on a specific position
The special conditions to be complied with in order to hire a foreign citizen are the following:
- The employer proves that it has tried to hire, on the same position, a Romanian citizen, an EU citizen (including persons from Switzerland and from countries of the European Economic Community) or a foreign citizen holding a long-term right of residence;
- The Employer wishes to hire a foreign person under a temporary/permanent contract;
- The foreign citizen meets the professional requirements, has the necessary experience or permits provided by the laws in force in order to hold such position and has no criminal history incompatible with such position;
Nevertheless, employers whose business purpose is sports activities are not compelled to search for candidates from the EU member States if they recruit professional athlete. Moreover, a company’s director can be hired without complying
with the abovementioned requirement.
HIRING WITHOUT A HIRING PERMIT
Ordinance no. 25/2014 simplified the hiring process for some foreign citizens. Thus, foreign citizens from non-EU countries who legally reside on Romanian territory may benefit from a long-term visa without having to obtain a hiring permit first:
- Foreign citizens whose free access to the labour market is established by treaties concluded by Romania with other States
- Foreign citizens who will carry out teaching, scientific activities or other categories of activities in specialized institutions, temporarily accredited and authorized in Romania under bilateral agreements, as well as foreign citizens carrying out cultural activities in Romanian cultural institutions
- Foreign citizens who will perform, on Romanian territory, activities required by Ministries or other central or local public administration bodies or autonomous administrative authorities
- Foreign citizens appointed head of a subsidiary, representative office, the Romanian branch of a company headquartered abroad and who, on the date of the visa application, are not shareholders or directors of a Romanian legal person and no other foreign citizen benefitting from a long-term visa for the same purpose exists at such subsidiary, branch or representative office
- Foreign citizens holding a long-term right of residence on Romanian territory.