In 2026, the legal framework governing the employment of nationals from countries outside the European Union was substantially amended by Government Emergency Ordinance No. 32/2026 on the access of third-country nationals to the Romanian labour market.
The new regime replaces the previous mechanism of the employment or secondment permit with a procedure based on a single application and the electronic platform WorkinRomania.gov.ro, and introduces distinct rules depending on the category of worker.
The reform covers both the recruitment and employment procedures and the activities of employment agencies, the status of certain employers, changes of employer and the extension of the right of residence.
Key changes
Government Emergency Ordinance 32/2026 introduces two main categories of long-stay visas for employment: D/AM1 and D/AM2.
The D/AM1 visa applies to certain categories of workers, including highly skilled workers and certain specialised professional categories, and the procedure may be initiated directly by the employer.
The D/AM2 visa is intended for permanent, seasonal and cross-border workers and, as a rule, requires the involvement of an authorised recruitment agency. In certain situations, the procedure may be carried out directly by an employer who holds authorised employer status.
For the categories to which the D/AM2 mechanism applies, the procedure is linked to the List of Shortage Occupations. The list is approved and updated in accordance with the rules laid down by the new framework, and for the year 2026 it was approved by Order No. 1,073/2026. The list of shortage occupations must be distinguished from the annual quota for foreign workers, as the two mechanisms have distinct functions within the procedure.
An important element of the reform is the regulation of agencies placing foreign nationals. Their activities are subject to authorisation and specific conditions regarding the conduct of their business and their responsibilities towards the workers they place. Agencies may not pass on the costs of placement services to workers, as the contractual relationship regarding these services is established with the employer.
At the same time, Order No. 655/2026 introduced model templates for certain contracts used in the recruitment and placement process.
In parallel, GEO 32/2026 introduces the opportunity to obtain authorised employer status. This allows, in the circumstances provided for by law, the direct recruitment of workers in category D/AM2, without the involvement of an agency. This status requires compliance with stricter conditions regarding the employer’s operations and compliance record, and must be maintained for as long as this mechanism is used.
Change of employer
One of the changes with a direct impact on employment relationships concerns a change of employer.
For foreign nationals referred to in Article 27² of Government Emergency Ordinance No. 194/2002, a change of employer is, as a rule, restricted during the first six months following the commencement of employment in Romania. Before the expiry of this period, a change may take place in duly justified circumstances, including in the event of serious breaches of contractual obligations or of the employment relationship by the employer.
Thereafter, a change of employer takes place under the terms of the new framework, and for workers to whom the D/AM2 mechanism applies, the recruitment agency that is a party to the placement contract intervenes until the period provided for by law has elapsed.
This rule applies both to workers wishing to change jobs and to employers intending to recruit people already working in Romania. In such situations, the worker’s status and the procedure applicable to the change of employer must be verified in advance.
Expiration of the employment contract and the right of residence
In the case of foreign workers, the termination of the employment relationship must also be considered from the perspective of the right of residence. In certain situations, the cessation of the contract before the end of the period for which the right of residence was granted gives rise to additional obligations for the employer or, where applicable, for the recruitment agency.
For workers placed through an agency, the legislation establishes a mechanism designed to identify alternative employment when the employment relationship is terminated under certain conditions. In the case of an authorised employer, the employer also has obligations to assist the worker in finding a solution to continue their employment through a recruitment agency.
Consequently, the ending of an individual employment contract should not be viewed solely through the prism of labour law. The employer must also verify notification obligations, the worker’s residence status and, where applicable, the steps required to find a new employer.
These rules are particularly relevant where the employment relationship is terminated before the right of residence expires and must be considered alongside the provisions applicable to a change of employer.
Procedure and Transition to the New Regime
The new system is based on a single application and the use of the WorkinRomania.gov.ro platform, and the procedure is linked to the registration of the individual employment contract in REGES-ONLINE. Depending on the worker’s category, the application may require documents relating to qualifications, criminal record, health insurance and fulfilment of the other conditions laid down by law.
Government Emergency Ordinance 32/2026 also contains transitional provisions for procedures initiated under the old regime and for foreign nationals who have acquired rights of residence under previous legislation. From 8 August 2026, a change of employer for persons in this situation is subject to the rules set out in the new framework, subject to the applicable transitional provisions.
Impact on employers
For employers, the new framework entails a change in the way they manage the entire recruitment cycle for third-country workers, from identifying the eligible category and occupation through to recruitment, contract registration, managing the right of residence and, where applicable, a change of employer or the termination of the employment relationship.
In this context, companies employing third-country workers should review their internal procedures and relationships with recruitment agencies, and check the status of their existing workers against the new rules.
For employers who regularly recruit such workers, it is also worth assessing whether to apply for authorised employer status.
Thus, GEO 32/2026 marks the transition to a more structured and digitised system, in which the employer’s eligibility, the worker’s category and the method of recruitment directly determine the applicable procedure.
This material is for information purposes only and does not constitute legal advice. The application of the principles set out herein depends on the specific circumstances of each case. The Hategan Attorneys team is at your disposal for a tailored analysis.