Under which conditions foreign workers can occupy a new job in Romania. According to the Emergency ordinance no. 143/2022 for the amendment of art. 17 of Government Ordinance no. 25/2014 regarding the employment and secondment of foreigners on the territory of Romania and for the modification and completion of some normative acts regarding the regime of foreigners in Romania, effective October 28, 2022, there are new rules for foreign workers working in our country.

The normative act establishes the conditions under which foreign workers can occupy, during the validity period of the single permit or the EU Blue Card, a new job, at a different employer than the one that obtained the initial employment permit or at the same employer.

a) Thus, a foreign worker who has an individual employment contract (“CIM”) registered for less than one year, will be able to take up a new job with a new employer only based on the written agreement expressed by the initial employer, document which is to be submitted by the new employer to the General Inspectorate for Immigration.

In this situation, the authorities issue a new employment permit to this new employer, during the validity period of the single permit or the EU Blue Card, only with the fulfillment of all general or special conditions, provided by GEO 25/2014.

These provisions do not apply if the termination of the CIM occurred at the initiative of the previous employer, by agreement of the parties or by the resignation of the foreign citizen, if the employer did not fulfill the obligations assumed by the CIM, according to the Labor Code.

b) If the foreign worker changes the workplace but remains with the same employer that obtained the initial employment permit, the new permit is issued to the employer without meeting all the general conditions and, depending on the particular case, without meeting all the special conditions for issuing this type of document.

NOTE: For the issuance of the new employment permit, the foreigner’s criminal record issued by the Romanian authorities must also be submitted.