Emergency ordinance no. 56 from 20th June 2007

20th June 2007

Governmental ordinance regarding the manning in work and detachment of foreigners in Romania (updated until 13th July 2008)

The law provides information concerning the conditions that have to be fulfilled by foreigners in order to work in Romania, types of authorization that can be given by the Romanian state, the necessary documents that must be presented at the Romanian Office of Immigration.

In order to obtain a work authorization, each foreigner must fulfill the following conditions: the vacant jobs can’t be occupied by Romanian citizens, citizens of other EU states or of the covenanter states of the European Economic Space Agreement; fulfills the special conditions of professional background, experience and authorizations required by the employer based on the national legislation; attests that they are employable and don’t have any criminal antecedents inconsistent whit the display activity in Romania; are enclose in the annual contingent approved by the Government; the employers have fulfilled their financial obligations towards the state; they display the exact activity for which they have required a working authorization.

The authorization released by the Romanian state are: work authorization for the permanent workers – gives the titular the right to be manning in work with an individual working contract; work authorization for the detached worker – gives the titular the right to work in Romania for maximum 1 year at a 5 years interval; work authorization for seasonal workers – gives the titular the right to in Romania for 6 months at a 12 months interval and can’t be extended; work authorization for workers on probation – gives the titular the right to be manned in Romania in order to carry out a stage of professional qualification; work authorization for athletes – gives them the right to work in Romania for a 12 months period, with the possibility of extension for up to 12 months; nominal work authorization – gives the titular that have respected the obligation of leaving the country, the right to carry out seasonal activities at the same employer; work authorization for cross-border workers – gives the titular the right to work in Romania on the bases of an individual working contract for a period of 12 months.

In order to obtain a work authorization, all applicants must present an application regarding the necessity of work manned of the foreigner, along with official documents of the trading company and other documents that can attest the fact that the applicant fulfills the above described conditions.

For 2009 it was estimated a number of over 10.000 work authorizations. This decision was made after several syndicates ask the Ministry to expend the number of the work authorization released.

Originally published in the Official Gazette no. 424 from 26th June 2007

Victoria Captari

APOWER

Researcher