WORK PERMITS – GENERAL ASPECTS
Work permits are compulsory for non-EU/EEA/Swiss foreign individuals working in Romania.
The work permit is granted at the employer’s request, by the Romanian immigration authorities.
This document is needed to obtain a long-stay visa or residence permit for employment or assignment purposes. Foreigners cannot work in Romania before they obtain a work permit.
A work permit does not grant the foreign individual general permission to work in Romania- only for a single company (which requests it) and for a single specific position. A foreigner who moves from one company to another must obtain a new work permit even if the existing one has validity remaining.
Simplified conditions have recently been introduced for foreigners who change jobs with the same employer or who change employer, provided their single permit or EU Blue card is valid. Foreigners in these categories are no longer required to provide proof of selection or proof of payment of obligations to the state budget provided that they can submit a clean statement of criminal record issued by the Romanian authorities.
TYPES OF WORK PERMIT
Depending on the type of work-related activity, work permits can be:
Work permit for local hires
- The foreigner must be employed in Romania and conclude a local employment contract.
- Valid as long as the local employment contract is valid, automatically extended upon renewal of the residence permit (single permit).
- Obtained under specific pre-conditions that must be fulfilled both by the Romanian employer and the foreign national.
Work permit for highly-skilled employees
- The foreigner must be employed in Romania in a highly-skilled position and conclude a local employment contract.
- Valid for up to 2 years, extendable.
- Obtained under specific mandatory eligibility conditions. The foreigner must prove high-skills / qualifications needed to hold the highly-skilled position, and have a salary of at least 2 times the average gross salary.
Work permit for assignees
- Valid for maximum 1 year, not extendable (due to the limitation to 1 year within a 5-year period of the right of stay in Romania for assignment purposes, as set by law).
- Obtained on the basis of an employment contract and assignment letter issued by the employer outside Romania.
- Foreigners holding residence permits in an EU or EEA country or Switzerland may be seconded for a period longer than 1 year within 5 years, subject to certain conditions.
Work permit for ICT worker
- The duration of the assignment can be up to 3 years, for foreigners who occupy a management or specialist position, and up to 1 year for foreigners who come as trainee workers.
- A specialist is defined as a foreigner who has at least 3 years’ professional experience, relevant for the area of activity, and who has technical or management knowledge, which is useful for the beneficiary of the services. He/she must also have at least 6 consecutive months’ experience in the same company or group of companies.
- Trainees must have at least 3 consecutive months’ experience within the same company or group of companies.
- Foreigners who hold ICT permits issued by other EU states may carry out activities in Romania as ICT workers from the date when the Romanian company registers the application for the work permit, and do not have to wait until it is issued.
Other types of work permit, which can be granted to foreigners: work permits for seasonal workers, interns, au pair workers and cross-border workers.