Legislative Newsletter December 4, 2014

• Ordinance no. 25/2014

Ordinance no.  25/2014  

Ordinance no. 25 of 08.26.2014, published in the Official Gazette Part I no. 640 of 30.08.2014, regarding employment and secondment of foreign citizens in Romania, amending and completing the normative acts regarding the regime of foreign citizens in Romania, makes the following remarks:

Comment: The present ordinance shall come into force on 28.11.2014 and amend the Emergency Government Ordinance no. 56/2007 on the employment and posting of foreign citizens on the Romanian territory, the Emergency Government Ordinance no. 194/2002 on the regime of foreign citizens in Romania and the Law no. 157/2011 amending and completing normative acts regarding the regime of foreign citizens in Romania.

• The term “work authorisation” is replaced with the term “work or secondment permit”
• The obligation of the employer to submit the criminal record in order to have the work/secondment permit issued;
• Students with the right to stay on Romanian territory can be employed under part-time employment contracts for up to 4 hours/day without the need of a work permit.
• The notice regarding the secondment of employees must be submitted to the Territorial Labour Inspectorate within maximum 5 days as of the activity commencement date, as compared to the first day of work, at the latest, as previously stipulated. Penalty for breaching this obligation is reduced from 3,000-6,000 to in 1,000-2,000 lei.
• The border crossing visas must be requested no later than 3 months before the expected date of entry and the travel document on which the visa is applied should not be older than 10 years.
• Introduction of the term “single permit” i.e. the identity document issued by the General Inspectorate of Immigration to the foreign citizens and attesting both their right to stay and work in Romania.
• In special situations, emergencies, the visa applications can be submitted to other consular offices than those from the country of domicile or place where the applicant has a legal residence.