Obligations of companies employing non-EU foreign workers

Obligations of companies employing non-EU foreign workers

Obligations of companies employing non-EU foreign workers

Obligations of companies employing Non-EU Foreign Workers

 

OBTAINING AND MAINTAINING THE EMPLOYMENT PERMIT

It is mandatory to retain at least a copy of the residence permit or travel document proving the foreigner’s legal stay in Romania.
Failure to comply may result in fines between RON 700 and 1,000.

 

CONCLUDING THE INDIVIDUAL EMPLOYMENT CONTRACT 

Must be concluded within 15 working days from the foreigner’s entry into Romania or from obtaining a new employment permit.
 Non-compliance is sanctioned with a fine between RON 5,000 and 10,000, unless the delay was caused by the foreigner.

 

SUBMISSION OF EMPLOYMENT DOCUMENTS TO IGI

Within 10 days of the foreigner's activity starting in Romania, the employment contract, secondment act, or other required documents must be sent to the IGI (General Inspectorate for Immigration). 

 Fine for non-compliance: RON 1,500–3,000

 

ILLEGAL EMPLOYMENT OF FOREIGNERS

Employing a foreigner without a work or secondment permit, with or without a written contract, or one illegally residing in Romania is punished with fines between RON 10,000 and 20,000 per person.

In case of employment of foreigners without legal right of stay, the following additional sanctions may apply:

Total or partial loss of access to public/ EU funds for 5 years - Ban on participating in public procurement procedures for 5 years - Recovery (full or partial) of grants or EU funds from the past 12 months - Temporary or permanent closure of the workplace(s) involved or withdrawal of operating licenses

 

COMPLIANCE WITH LEGAL AND CONTRACTUAL OBLIGATIONS

The employer must observe all rights and guarantees provided to foreign workers.
These can include specific legal obligations and may lead to labour disputes. 

For legal support, I recommend my Lawyer colleague Cristina Filimon.

 

NOTIFICATION OF CHANGES OR TERMINATION TO IGI

The beneficiary of services must notify IGI of any factual or legal changes that affect the conditions under which the permit was issued.

The host company of a seconded worker must notify IGI within 5 days:

  • of the actual start date of the secondment
  • of any change in the secondement relationship

Fine: RON 1,000–2,000 for failure to notify

The employer must notify IGI within 5 working days of any modification or termination of the employment contract or secondment. Fine: RON 1,500–3,000

 

HOUSING OBLIGATIONS FOR SEASONAL WORKERS

Employers must ensure housing for seasonal workers, either: in a legally owned or rented property / or via rental contracts where the foreigner pays rent directly (no salary deductions allowed for this).

If the employer provides paid housing, they must:

  • ensure decent living conditions
  • attach a rental contract to the employment permit application, proving that the worker has use of a home for the full stay period
  • ensure the rent is not excessive and not automatically deducted from salary

Violation of housing obligations or salary deductions results in fines of RON 2,000–5,000

 

SUSPENSION OF THE EMPLOYMENT CONTRACT

The  contract must be suspended once the employer is informed that IGI has imposed a return obligation 

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