Do you need more people in your team and cannot find them locally, with the only solution being to bring workers from outside the European Union?
In the context of an increasingly severe labor shortage in certain sectors and the growing number of foreign citizens working without legal forms in Romania, the authorities have decided to change the rules regarding their access to the labor market. Through Emergency Ordinance No. 32/2026, the state aims to regulate more strictly the recruitment, authorization, and record-keeping of foreign workers through placement agencies, as well as to digitalize the entire administrative process.
The new rules are being established at a time when more and more companies in construction, HoReCa, transport, agriculture, or manufacturing rely on recruiting personnel from outside the European Union to cover labor shortages. At the same time, authorities are trying to reduce risks related to non-transparent recruitment, uncontrolled activity of some intermediaries, and the violation of foreign workers’ rights.
As an employer, are you wondering what new conditions you must comply with if you want to hire foreign workers? Do you want to know what penalties you risk if you do not comply with the new rules?
Ioana Dobre, Senior Consultancy Manager at BIA Human Capital Solutions, explains the main changes introduced by OUG No. 32/2026 and what you need to do to remain compliant with the new legislative framework regarding the employment of foreign citizens in Romania.
In this article you will find out:
- The conditions are established by OUG No. 32/2026 for hiring foreign workers;
- The new types of work and mobility visas;
- The criteria for hiring foreign workers;
- The role the platform WorkinRomania.gov.ro will have in the recruitment process;
- The conditions placement agencies for foreign workers must meet;
- How individual employment contracts must be drafted and what sanctions employers risk if they fail to comply;
- The new rights for family members of foreign citizens, legally residing in Romania
OUG 32/2026: Rules governing the employment of foreign workers on the labor market
OUG 32/2026: Rules governing the employment of foreign workers on the labor market
Emergency Ordinance No. 32/2026 regarding the access of foreigners to the labor market in Romania, as well as for the amendment and completion of certain normative acts, published in the Official Gazette No. 335 of April 27, 2026, introduces a new legislative framework for the employment of foreign citizens in Romania.
The Emergency Ordinance establishes:
- The registration and authorization conditions, as well as the rights and obligations of employers hiring foreign nationals in Romania;
- The authorization procedure for agencies placing foreign nationals on the Romanian labor market, hereinafter referred to as foreign worker placement agencies, as well as the suspension, withdrawal, or cancellation of the authorization;
- Operating, supervision, and control conditions applicable to the activity of foreign worker placement agencies;
NEW TYPES OF WORK AND MOBILITY VISAS
The normative act introduces new visa categories intended both for permanent and seasonal workers, as well as for certain professional categories considered priorities for the Romanian labor market:
a) The D/AM1 visa, which facilitates the employment of highly qualified foreign citizens, individuals who are to carry out teaching activities (based on bilateral agreements), professional athletes, citizens of the Republic of Moldova, Ukraine, and the Republic of Serbia employed in Romania under a full-time individual employment agreement, etc.
b) The D/AM2 visa, for permanent, seasonal, and cross-border workers.
THE LIST OF SHORTAGE OCCUPATIONS BECOMES A HIRING CRITERION
For certain categories of work visas, hiring foreign workers will depend on whether the occupation is on the new shortage occupations list.
A shortage Occupations List is introduced to establish the occupations in which permanent, seasonal, and cross-border foreign workers may be employed (applicable to D/AM2 work visas).
WORKINROMANIA.GOV.RO PLATFORM, EXPANDED THROUGH HUB.MAI.GOV
The authorities aim to digitalize administrative processes regarding the recruitment and record-keeping of foreign workers through the development of an integrated electronic platform.
The normative act provides for the development of the electronic platform “WorkinRomania.gov.ro”, within hub.mai.gov, which will aim to:
a) the registration of employers hiring foreign workers and their enrolment in the Register of Employers of Foreign Nationals – R.A.S.;
c) the authorization of foreign worker placement agencies – R.A.P.S.;
d) the authorization and registration of employers hiring foreign nationals without concluding a service agreement with a placement agency – R.A.A.;
e) the submission of unique applications for the employment/placement of foreign nationals;
f) the publication of the shortage Occupations List provided by the normative act;
g) collection of data regarding the activity of foreign worker placement agencies and authorized employers;
h) the generation of reports and statistics;
i) the issuance, suspension, termination, withdrawal, and cancellation of the authorization of foreign worker placement agencies;
j) provision of information to foreign nationals seeking employment.
Tighter conditions for the authorization of foreign worker placement agencies
Emergency Ordinance No. 32/2026 introduces tighter financial and administrative criteria for agencies that mediate the recruitment of foreign citizens.
The authorization of foreign worker placement agencies is granted subject to the fulfilment of certain eligibility criteria. Among these criteria, we note the establishment of a financial deposit of EUR 75,000 for the placement of up to 250 foreign workers (the deposit may be increased for an additional number of placed foreign workers, under the conditions established by the emergency ordinance). The guarantee shall be established in favor of the competent tax authority and must be maintained throughout the validity period of the authorization of the foreign worker placement agency.
NEW CRITERIA FOR EMPLOYERS WHO DIRECTLY RECRUIT FOREIGN WORKERS
If you choose to recruit foreign workers without the intermediary of an authorized agency, you will have to meet additional conditions in order to obtain authorization.
The authorization of employers who hire foreigners without concluding a service contract with an authorized placement agency is subject to eligibility criteria, among which we mention:
- the obligation to have carried out uninterrupted economic activity for at least 24 months prior to submitting the authorization request, in a field of activity compatible with the Shortage Occupations List;
- the average number of employees registered in the year preceding the submission of the authorization request must be of at least 50 employees;
- the employer must establish a financial guarantee in favor of the tax authority amounting to EUR 1,000/foreign national (depending on the number of workers for whom authorization is requested), etc.
ADDITIONAL OBLIGATIONS REGARDING INDIVIDUAL EMPLOYMENT CONTRACTS
As an employer, you also have the obligation to inform foreign workers about contractual conditions and to draft the employment contract in the language of the workers’ country of origin.
Employers must ensure that individual employment agreements are concluded both in Romanian and in the language of the foreign national’s state of origin or in an international language understood by the foreign national or reasonably presumed to be understood by them (breach of this obligation constitutes an administrative offence and is sanctioned with a fine ranging from RON 5,000 to RON 10,000 for each foreign worker).
THE RIGHT TO WORK FOR FAMILY MEMBERS OF FOREIGN CITIZENS
Another noteworthy aspect introduced by this emergency ordinance is the possibility of foreign nationals holding a residence permit for family reunification purposes, as family members of a foreign citizen, to be employed in Romania based on the residence permits they hold, subject to the employer’s obligation to notify the General Inspectorate for Immigration.
CONCLUSION
OUG No. 32/2026 changes the way foreign workers are hired: more checks, more conditions, and a stricter authorization process. To ensure compliance, it is necessary to use foreign worker placement agencies or comply with direct hiring rules.
Recruitment can no longer be treated informally or “from case to case”, but must be carried out according to fixed rules, with correct documents, clear contracts, and mandatory reporting to avoid situations that may create legal problems.
The BIA Human Capital Solutions team, with 17 years of experience in HR consulting, closely monitors legislative developments and adapts its strategy to support you through Immigration services, which will remain applicable for highly qualified workers, residence permit extensions, and management of relations with authorities.
Source:
- EMERGENCY ORDINANCE No. 32 of April 23, 2026, regarding access of foreigners to the labor market in Romania, as well as for the amendment and completion of certain normative acts
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