New Ordinance No. 32/2026 on the Employment of Foreign Workers in Romania: Obligations, Financial Guarantees, and Penalties for Employers and Employment Agencies

Stricter rules for foreigners’ access to the Romanian labor market under Ordinance No. 32/2026: Mandatory contracts, a digital platform, and fines of up to 40,000 RON

Emergency Ordinance No. 32/2026 on the access of foreigners to the Romanian labor market, as well as amending and supplementing certain legislative acts, published in the Official Gazette of Romania, Part I, No. 335 of April 27, 2026, establishes a broader legal framework for employers hiring foreign citizens, for foreign worker placement agencies and for workers from third countries. According to Article 1 of the Ordinance, the regulation covers the registration, authorisation and obligations of employers, the authorisation procedure for placement agencies, as well as the supervision and control of their activity. At the same time, the Ordinance introduces the concept of a “List of shortage occupations”, the WorkinRomania.gov.ro electronic platform, mandatory contracts, financial guarantees and a stricter sanctioning regime, being relevant both for employment law matters and immigration procedures, including aspects related to a residence permit in Romania. This article analyses the main obligations introduced for employers, placement agencies and foreign workers, with a focus on the content of contracts, financial guarantees, applicable sanctions and the functioning of the new digital platform.

In this context, the Romanian Law Firm Pavel, Margarit and Associates provides specialised legal services in employment law, immigration, employer authorisation, relations with the General Inspectorate for Immigration, proceedings before the competent authorities and drafting the documentation required for hiring foreign citizens in Romania. Given the complexity of the new obligations, employers, recruitment agencies and foreign workers may benefit from legal consultancy for contract drafting in Romania, contract review in Romania, contract analysis in Romania, contract negotiation in Romania and contractual compliance, including with the assistance of a contracts attorney in Romania experienced in employment relations and documentation specific to immigration procedures. At the same time, where foreign workers seek long-term settlement, a citizenship lawyer in Romania may analyse aspects related to citizenship in Romania, Romanian citizenship, applying for citizenship in Romania, obtaining Romanian citizenship, citizenship application in Romania and broader matters of immigration and citizenship in Romania, while an employment lawyer in Romania, a labor law attorney in Romania, or an immigration attorney in Romania may assist with compliance, the immigration office in Romania, immigration services in Romania and the legal steps connected to a residence permit in Romania.

Employment lawyer in Romania. What the Contract for Hiring Foreign Workers in Romania Must Contain

The new regulation gives particular importance to the contractual documents underlying the employment of foreign workers. According to Article 2 para. (2) letter e) of the Ordinance, the service agreement is the written contract concluded between the foreign worker placement agency and the registered employer, establishing the rights and obligations of the parties and including the firm job offer. The placement contract, according to Article 2 para. (2) letter f), is a tripartite civil contract concluded between the placement agency, the registered employer and the foreign national, in written form, both in Romanian and in the language of the foreign national’s country of origin or in an international language that the foreign national understands. This contract must include essential elements regarding working conditions, fees charged by the Romanian authorities, contact details of the authorities where violations of the worker’s rights may be reported and elements concerning consent for the processing of personal data. In addition, pursuant to Article 2 para. (2) letter g), the foreign national’s individual employment contract must include the elements contained in the firm job offer, which means that the contractual documents must be correlated with one another and cannot be drafted formally or incompletely.

The content of the firm job offer is detailed in Article 6 of the Ordinance, which requires the inclusion of clear information on the duration of the offer, the number of jobs, the position, trade or occupation, the required level of qualification, the duration of employment, the conditions for termination or re-employment, working time, periodic rest periods, overtime compensation, gross and net remuneration, hourly rate, payment method and salary payment dates, bonuses, annual leave, working conditions, occupational health and safety, taxes and contributions due, as well as compensation in the event of occupational diseases, workplace accidents or death. Article 6 para. (2) also provides that the firm offer must state unequivocally whether certain costs, such as accommodation, food, transport from the country of origin, internal transport or repatriation, are borne by the employer or by the foreign national. These provisions are relevant for protecting employees’ rights, as the foreign worker must know, before arriving in Romania, the actual conditions of the employment relationship, the costs borne, the benefits granted and the obligations undertaken.

According to Article 7 para. (1) letters b) and c), the employer is required to conclude the individual employment contract both in Romanian and in a language that the foreign national understands, and to include in the contract the elements provided by Article 6. This obligation is essential for the validity and transparency of the employment relationship, especially where the foreign worker does not know Romanian and may risk accepting conditions that he or she does not fully understand. At the same time, according to Article 10, for the employment of foreign nationals referred to in Article 272 of Government Emergency Ordinance no. 194/2002 on the regime of foreign nationals in Romania, the employer must conclude a service agreement with an authorised placement agency, except for the situation governed by Article 11, where the authorised employer may directly employ foreign nationals without the intermediation of a placement agency. Thus, contractual documentation becomes a legal and administrative control instrument, and failure to comply with the requirements may generate sanctions, suspensions or even the annulment of certain procedures.

An employment lawyer in Romania may verify whether the firm offer, the service agreement, the placement contract and the individual employment contract comply with the Ordinance, the Labour Code and immigration legislation, including through contract review in Romania, contract analysis in Romania and contractual revision services adapted to each legal relationship. In practice, a contracts attorney in Romania and a labor law attorney in Romania may provide support for contract drafting in Romania, so that the documents signed by the employer, the placement agency and the foreign worker include all mandatory clauses concerning salary, working time, accommodation, transport, repatriation and the parties’ rights. Also, at the pre-contractual stage or in the event of changes to working conditions, contract negotiation in Romania and contractual consultancy may be necessary to prevent disputes or administrative sanctions, while another contract review in Romania may be useful before uploading the documents to the platform.

Immigration lawyer in Romania. Mandatory Financial Guarantees for Employers and Placement Agencies: Significant Risks and Sanctions

One of the most important novelties of the Ordinance consists in the establishment of mandatory financial guarantees for authorised employers and placement agencies. According to Article 12 para. (1) letter l), the authorised employer must establish the financial guarantee provided by Article 13, in relation to the number of foreign nationals for whom authorisation is requested. Article 13 provides that this guarantee must be established before the authorisation is issued, either through a financial deposit in RON, at the National Bank of Romania exchange rate on the date of submission, in a separate account opened with the State Treasury unit of the competent tax authority, or through a bank guarantee letter issued by a banking institution in Romania. The value of the guarantee is EUR 1,000 for each foreign national, in relation to the number of workers for whom authorisation is requested. The guarantee is intended to cover expenses such as the return of foreign nationals to their country of origin or to another country where they have a lawful right of residence, accommodation, meals, care or support granted to foreign nationals in vulnerable situations, as well as unpaid administrative fines imposed on the employer.

The mechanism for enforcing the guarantee is regulated by Article 14, which provides that the National Agency for Employment may enforce the lump sum of EUR 2,000 for each person, equivalent in RON at the National Bank of Romania exchange rate on the date of enforcement, within 15 days from the notification issued by the General Inspectorate for Immigration regarding the removal of the foreign national. If the amounts due cannot be fully recovered from the financial guarantee, the difference may be recovered through enforcement proceedings by the competent tax authority. This legislative solution transforms the guarantee into an actual instrument of patrimonial liability, not merely an administrative formality. For employers, the financial risk is significant, especially where there are no clear internal procedures for monitoring the status of foreign workers, notifying absences, observing residence conditions, managing a residence permit in Romania and cooperating with the authorities in the field of immigration.

For placement agencies, Article 24 para. (1) letter i) requires proof of establishing the financial guarantee as a condition precedent to the issuance of the authorisation. According to Article 25, the placement agency is required to establish a financial guarantee amounting to EUR 75,000 for up to 250 placed foreign nationals, and for each additional 250 placed foreign nationals, the guarantee is increased by EUR 50,000. The guarantee must be maintained throughout the validity period of the authorisation and for the entire period during which the agency has obligations under the Ordinance. Article 26 regulates the enforcement of the agency’s guarantee and the obligation to replenish it within 30 days from receipt of the notice regarding enforcement. Failure to comply with this deadline constitutes grounds for suspending the authorisation, which may block the agency’s activity and pending applications.

The sanctioning regime is severe. According to Article 42, administrative offences may be sanctioned with fines ranging from RON 5,000 to RON 40,000, some of which apply for each foreign worker placed. Breaches of obligations concerning contracts, the provision of placement services, recruitment through non-compliant entities, carrying out activity without authorisation or charging commissions to foreign workers may attract significant sanctions. According to Article 43, carrying out placement activity during the suspension of the authorisation is sanctioned with a fine ranging from RON 15,000 to RON 20,000 for each foreign national placed to work in Romania. In addition, Articles 19 and 20 provide the situations in which the authorised employer may lose the right to request a new authorisation or may have its authorisation annulled, while Articles 32 and 34 regulate the withdrawal or annulment of the placement agency’s authorisation, with the consequence of losing the guarantee, which becomes revenue to the State budget.

A labor law attorney in Romania may assess the legal and financial risks before the employer or placement agency deposits the financial guarantee and may verify whether internal procedures comply with the Ordinance and employment law. At this stage, the assistance of a contracts attorney in Romania may also be useful, especially for contract analysis in Romania and contract review in Romania before assuming obligations that may lead to sanctions or enforcement of the guarantee. At the same time, contractual revision services may help identify unclear clauses concerning costs, liability of the parties, repatriation of foreign workers or notification obligations towards the authorities. Depending on the situation, contract drafting in Romania, contract negotiation in Romania and contractual consultancy may also be necessary so that the documents used in the procedure for hiring foreign workers are compliant and reduce the risk of disputes or sanctions. In immigration-related procedures, an immigration lawyer in Romania, and, where long-term stay is involved, a citizenship lawyer in Romania may also assist in matters concerning immigration services in Romania and a residence permit in Romania.

Labor law attorney in Romania. The New Obligations of Employers, Placement Agencies and Foreign Workers

The Ordinance imposes a series of new obligations on employers from the registration or authorisation stage. According to Article 4, employers wishing to employ foreign nationals on the territory of Romania must register or obtain authorisation, as applicable, in the WorkinRomania.gov.ro electronic platform. The registration conditions are detailed in Article 5 and include the absence of outstanding obligations to the general consolidated budget, the actual performance of activity for at least one year in fields compatible with shortage occupations, the absence of certain sanctions or convictions, verification of relevant legal representatives, administrators, shareholders or associates, as well as proof of the identity of the beneficial owners. These conditions are intended to limit access to the procedure for employing foreign workers to entities that provide guarantees of compliance, solvency and professional probity.

The employers’ obligations are regulated in detail in Article 7. Employers must pay the remuneration or salary into the foreign employee’s bank account, conclude individual employment contracts in Romanian and in a language that the foreign national understands, include in the contract the elements provided by Article 6, ensure occupational health and safety training in a language accessible to the worker, notify the placement agency and the General Inspectorate for Immigration within 5 working days in the event of unjustified absence exceeding 3 consecutive working days, termination of the contract or situations of exploitation or danger, and make available to the authorities the documents necessary to verify the employment conditions. Employers must also provide Romanian language courses and elements of cultural and social integration for a period of at least 6 months, with a duration of at least 6 hours per week, which shows that the Ordinance does not aim only at formal employment, but also at the integration of foreign workers into the labour market.

Authorised employers have additional obligations under Article 18. They must ensure that, before arriving in Romania, foreign nationals hold all documents necessary for access to and exercise of the right to work, provide them with essential information at least 10 days before arrival, organise transport from entry into Romania to the workplace or accommodation, immediately notify the competent authorities in the event of potential human trafficking, allow access to control bodies, notify unjustified absences and bear return costs or expenses generated during return procedures, under the conditions of the Ordinance. These provisions must be analysed together with Article 19, which establishes the cases in which the authorised employer may lose the right to request a new authorisation, including where more than 20% of the foreign nationals employed are in situations of unlawful stay or where they have been in situations of exploitation.

Placement agencies also have strict obligations. According to Article 23, the activity of placing foreign nationals may be carried out only based on an authorisation issued by the National Agency for Employment, exclusively for occupations included in the List of shortage occupations and based on firm offers submitted by registered employers. The consideration for placement services may be charged only to the employer, and the agency is prohibited from charging placed foreign nationals commissions, fees, tariffs, guarantees or deposits. According to Article 38, if the agency cooperates with foreign recruitment entities, they must be authorised, accredited or registered in the country of origin and may not charge foreign workers prohibited costs. Article 39 details the placement agency’s obligations, including concluding contracts only with registered employers, including mandatory elements in the placement contract and the individual employment contract, verifying the required documents, informing workers at least 10 days before arrival, organising transport, reporting cases of human trafficking, cooperating with the authorities and presenting at least two alternative job offers if the individual employment contract terminates during the relevant period.

Foreign workers also have expressly regulated obligations. According to Article 40, the foreign national employed must comply with the individual employment contract, the internal regulations, occupational health and safety rules, provide accurate and updated information regarding identity, qualifications and experience, comply with the placement contract and report to the workplace. The Ordinance also limits the foreign national’s possibility to initiate a change of employer for a period of 6 months from the start date of the activity, except for justified cases of serious breach by the employer of contractual clauses or employment relations. After this period expires, the employer may be changed through the placement agency, under the conditions of the Ordinance. These rules must be interpreted carefully, as they influence both the foreign national’s freedom to work and the obligations of the employer or agency in the event of termination of the employment relationship.

An employment lawyer in Romania and a labor law attorney in Romania may analyse whether the rights of the foreign employee are respected, including the right to information, fair remuneration, compliant accommodation, occupational health and safety training and clear working conditions, through contract review in Romania and contract analysis in Romania services adapted to the documents signed by the parties. At the same time, an immigration lawyer in Romania or an immigration attorney in Romania may provide legal consultancy for employers, agencies and foreign citizens, including in relation to the immigration office in Romania, as well as support in the contract negotiation in Romania stage, where working conditions, accommodation, transport or repatriation must be clarified before signing. Through contractual consultancy, including support from a contracts attorney in Romania, misunderstandings regarding the obligations of the employer and of the foreign worker may be prevented, while in related situations concerning long-term settlement in Romania, a citizenship lawyer in Romania may assist with obtaining Romanian citizenship, citizenship application in Romania and broader matters of immigration and citizenship in Romania.

Citizenship lawyer in Romania. WorkinRomania.gov.ro Platform: Digitalisation of Procedures for Visas, Authorisations and Monitoring the Employment of Foreign Nationals

The WorkinRomania.gov.ro platform is one of the central elements of the new Ordinance. According to Article 3, the platform is developed and operationalised by the Ministry of Internal Affairs, through the General Directorate for Communications and Information Technology, within hub.mai.gov. The platform will allow the registration of employers hiring foreign nationals, their registration in the Register of Employers of Foreign Nationals, the uploading of authorisation requests as placement agencies, the registration of authorised agencies in the Register of Foreign Worker Placement Agencies, the uploading of authorisation requests for employers directly hiring foreign nationals, the submission of single applications, the publication of the List of shortage occupations, the collection of data on placement activity, activity monitoring, the generation of reports and statistics, as well as the interrogation of data by competent authorities.

Authorisation procedures will also be carried out through the platform. According to Article 15, the authorised employer must upload the application for each firm job offer, together with proof of establishing the financial guarantee and the required statements under own responsibility. According to Articles 16 and 17, the National Agency for Employment resolves the application and, if approved, issues the authorisation in electronic form, signed with a qualified electronic signature or qualified electronic seal. For placement agencies, Articles 27 to 29 provide for uploading the authorisation application into the platform, submitting supporting documents, the resolution deadline and the issuance of the authorisation in electronic form, valid for 2 years, with the possibility of extension, while under Article 41, registered employers, authorised agencies and authorised employers are automatically entered in the corresponding registers.

According to Article 4, registration or authorisation in the platform becomes a condition for employers wishing to hire foreign nationals on the territory of Romania. Article 8 regulates the suspension of registration in the platform, including in situations where the employer no longer meets certain conditions, where more than 20% of the foreign nationals employed during a period of 6 consecutive months no longer have a valid right of residence, or where non-compliance with legal conditions regarding individual employment contracts is found. During the suspension period, the employer may not upload new firm offers, and pending single applications are suspended. Article 9 provides that refusal of registration, suspension or deletion of the account may be challenged, but the administrative court action does not suspend by operation of law the measure ordered. Therefore, the platform is not merely an administrative tool, but also a mechanism for control, traceability and sanctioning.

The platform is also relevant for the visa procedure. The new Articles 271 and 272 introduced into Government Emergency Ordinance no. 194/2002 regulate the single application for the long-stay visa for employment, with the uploading of documents into the platform, including the individual employment contract, medical insurance, criminal record certificate, proof of means of subsistence and documents regarding qualification or experience, as applicable. The amended Article 44 of Government Emergency Ordinance no. 194/2002 provides that the long-stay visa for employment is granted based on the single application submitted in the platform by the employer, placement agency or authorised employer, as applicable. At the same time, Article 3 para. (3) and the following paragraphs require compliance with personal data protection legislation, including the General Data Protection Regulation, considering the significant volume of data processed through the platform. These digital procedures may also affect the management of a residence permit in Romania, depending on the foreign worker’s status and the type of application submitted.

“The new measures regarding the employment of foreign workers in Romania must be analysed carefully by employers and placement agencies, as failure to comply with obligations concerning contracts, financial guarantees, notifications, authorisation and the use of the WorkinRomania.gov.ro platform may lead to significant fines, suspension of activity, enforcement of guarantees or loss of authorisation,” stated Managing Partner Dr. Radu Pavel of the Romanian Law Firm Pavel, Margarit and Associates.

In conclusion, the new Ordinance on foreign nationals’ access to the Romanian labour market significantly changes the rules applicable to employers, placement agencies and foreign workers. Contracts must be drafted in a complete and transparent manner, financial guarantees become an essential condition for authorisation, information, notification and monitoring obligations are expanded, and the WorkinRomania.gov.ro platform becomes the main instrument for authorisations, single applications, visas and administrative control. Thus, the Romanian Law Firm Pavel, Margarit and Associates recommends seeking the assistance of an employment lawyer in Romania or a labor law attorney in Romania who may provide legal consultancy in relation to the competent immigration office in Romania, while protecting both the employee’s rights and the employer’s interests. An immigration attorney in Romania, and a contracts attorney in Romania may also assess the legal implications of contract analysis in Romania, contract negotiation in Romania, a residence permit in Romania, immigration services in Romania, while the analysis of a golden visa-type procedure may complete the legal strategy, depending on the foreign worker’s status and objectives.

Pavel, Margarit and Associates Law Firm is one of the top law firms in Romania, providing high-quality legal services. The firm’s clients include multinational and domestic companies of great magnitude. In 2026, the law firm’s success stories brought it international recognition from the most prestigious international guides and publications in the field. As a result, Pavel, Margarit and Associates Law Firm ranked 3rd in Romania in the Legal 500’s ranking of business law firms with the most relevant expertise. The law firm is internationally recognized by the IFLR 1000 Financial and Corporate 2026 guide. Additionally, Pavel, Margarit and Associates Law Firm is the only law firm in Romania recommended by the international director of Global Law Experts in London in the Dispute Resolution practice area. All relevant information about Pavel, Margarit and Associates Law Firm can be found on the website www.avocatpavel.com.