In the context of the acute labor shortage in Romania, more and more companies are turning to employing non-European Union (non-EU) foreign nationals to maintain and develop their businesses. Employing non-EU labor has become not just an option, but a strategic necessity for many economic sectors in Romania, such as construction, agriculture, HoReCa and manufacturing.
However, the process of bringing in non-EU labor is complex and involves a number of well-defined steps, which require a thorough knowledge of the legislation in force and close interaction with various state authorities. From the start of the process to the finalization of the employment process, the formalities can take up to 7 months, depending on the degree of involvement of the institutions involved.
Preconditions for the Recruitment of Non-EU Staff
The first step in hiring a non-EU citizen is to make sure that he/she fulfills all the necessary conditions for the vacant position. According to Romanian law, the foreign citizen must be qualified for the position, with the level of education and skills required by the employer, in accordance with the requirements set out in the Romanian Classification of Occupations (COR code). This means that, before starting the actual hiring process, the employer has to check whether the foreign citizen has the diplomas and experience required for the position in question.
Essential Steps in the Hiring Process
1. Communication and Selection of Vacancies with ANOFM
The first formal step is to communicate vacancies to the National Agency for Employment (ANOFM). The employer must prove that it has tried unsuccessfully to fill the vacancy with Romanian or other EU nationals. After this stage, the ANOFM will issue a notice stating that the job can be filled by a non-EU citizen.
2. Obtaining the Employment Notice
Once the vacancies have been selected and endorsed, the employer can submit the necessary documents to obtain the employment authorization. This document is essential and must be obtained from the General Inspectorate for Immigration (IGI). To obtain the permit, the employer must submit a number of documents, including the individual employment contract, the ANOFM’s opinion and documents proving the foreign national’s qualifications and experience.
3. Issue of Residence Permit and Long-stay Visa
After obtaining the employment permit, the non-EU citizen can apply for a long-stay work visa at the Romanian diplomatic mission or consular office in the country of origin. The long-stay visa is required in order to enter Romania legally and subsequently apply for a residence permit. Once in Romania, the foreign citizen must apply for a temporary residence permit from the IGI, which allows him/her to work legally in the country.
4. Employment Contract Registration and Social Insurance
The last step in the employment process is to register the employment contract in Revisal (the General Register of Employees) and ensure that the employee is registered in the Romanian social security system. This step is essential to ensure the legality of the employment and to give the foreign citizen access to social and medical services in Romania.
Hiring non-EU staff in Romania is a complex but manageable process, provided the legal steps and administrative requirements are strictly followed. Although it can take up to 7 months to finalize all the formalities, this investment of time and resources can bring significant benefits for Romanian companies, ensuring access to a skilled and dedicated workforce, essential for long-term business development.