Non-EU/EEA/Swiss foreign individuals working in Romania are required to have work permits. These permits are obtained upon the employer’s request through the Romanian immigration authorities. They are necessary for obtaining a long-stay visa or residence permit for employment or assignment purposes. It is not allowed for foreigners to work in Romania without a valid work permit.
It’s important to note that a work permit only authorizes the foreign individual to work for a specific company that requested it and in a specific position. If a foreigner changes jobs within the same company or switches to a different employer, a new work permit must be obtained, even if the existing one is still valid.
Recently, there have been changes to the conditions for foreigners who change jobs within the same company or switch employers, provided they have a valid single permit or EU Blue Card. These individuals are no longer required to provide proof of selection or proof of payment of obligations to the state budget. Instead, they can submit a clean statement of criminal record issued by the Romanian authorities.
Minimum salary packages in Romania
Starting from January 2022, the minimum wage for full-time employees in Romania is RON 2,250 per month (€515, US$566), which adds up to RON 30,600 (€6,184, US$6,795) per year. However, the minimum wage for employees in the construction sector remains unchanged at RON 3,000 per month (€606, US$666).
Standard working week in Romania
The standard working week in Romania consists of 40 hours spread over five eight-hour days. Generally, the total working hours should not exceed 48 hours per week, including overtime. However, there is an option for averaging agreements that allow a maximum of 48 hours over a four-month period. Employees are entitled to a minimum of 12 hours of rest between consecutive working days and two consecutive rest days per week. The length of daily breaks is determined by the employment contract or collective agreement, and they are typically unpaid. In March 2022, proposals were introduced to enable full-time employees to work four 10-hour days.
Overtime working regulation in Romania
Regarding overtime work, employers must obtain a written agreement from employees. Overtime compensation is typically provided as paid days off within 60 days of the overtime work. If providing paid days off is impractical, employers must compensate employees financially, ensuring a rate of at least 75% above their normal hourly pay. Overtime hours should not exceed 48 hours per week, and after working a 12-hour shift, employees must be given 24 hours off. It’s important to note that individuals under the age of 18, part-time workers, and pregnant employees are generally prohibited from working overtime.
Probation Time Period
In Romania, probation periods are allowed once for each employment. Typically, the probation period lasts for 90 days, but it can be shorter for fixed-term contracts or temporary employees. For executives and managers, the probation period can be extended to 120 days.
What are the major types of work Permit/visas?
Romania, being an EU member state, follows similar regulations regarding work visas and permits as other EU countries. Individuals from other EU member states, as well as Switzerland and countries within the European Economic Area (EEA) such as Norway, Iceland, and Liechtenstein, do not require a permit to work in Romania.
However, individuals from countries outside the EU/EEA will need to obtain a work permit if they wish to work in Romania. There are various types of permits available for foreign citizens in Romania. These include permits for:
This permit is issued for a specific job or employer and has a limited duration.
Designed for individuals working in specific sectors that experience seasonal demand, such as tourism or agriculture.
Intra-company transfer: Issued to employees who are transferred within the same company or group of companies to work in Romania.
Intended for individuals with specialized skills or qualifications that are in demand in Romania.
ICT (Intra-Corporate Transfer) permit:
Specifically for employees transferred within multinational companies in the field of information and communication technology.
This permit is for individuals who live in a neighboring country but work in Romania and return home regularly.
For individuals who establish a business or make significant investments in Romania.
These permits have specific requirements and eligibility criteria, and the application process may involve submitting documents such as a job offer, proof of qualifications, and proof of financial means. It’s important for prospective employees from non-EU/EEA countries to consult the Romanian authorities or seek legal advice to ensure they meet all the necessary requirements for obtaining a work permit in Romania.
What is the major obligation to obtain a work permit in Romania
In Romania, the process of obtaining a work permit for foreign citizens differs from that in some other countries. Here, foreign individuals are unable to apply for a work permit directly on their own. Instead, the responsibility lies with the prospective employer to initiate and submit the application on behalf of the foreign employee.
To be eligible for a work permit, certain conditions must be met. One crucial requirement is that the employer needs to demonstrate that there are no available Romanian citizens or citizens from other European Union (EU) or European Economic Area (EEA) member states who are suitable for the position in question. This condition ensures that priority is given to local and EU/EEA workers in filling employment opportunities.
In addition to the aforementioned condition, there are other criteria that the prospective employee must fulfill in order to be considered for a work permit. These criteria may vary depending on the specific circumstances and regulations in place at the time of application. It is essential for both the employer and the prospective employee to thoroughly understand and comply with these conditions in order to increase the chances of a successful work permit application.
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