New Romanian Law (OUG) on Foreign Worker Recruitment – What You Need to Know
Romania has introduced a comprehensive Emergency Ordinance (OUG) tightening the rules around foreign worker recruitment. Whether you are an employer, a partner agency, or a worker planning to relocate to Romania — here is everything you need to know.
Purpose of the New Law
The new Romanian OUG (Articles 1–2) was introduced to regulate the authorization, operation, and strict control of foreign worker recruitment into Romania. Its primary goal is to eliminate unregistered intermediaries and informal operators from the recruitment chain — ensuring that only properly licensed agencies can recruit foreign workers.
Travel agencies, informal intermediaries, and business-style operators (such as "Dreammakers" or work-style brokers) are NOT permitted to conduct recruitment activities without full authorization as a licensed recruitment agency.
Key Rules at a Glance
ANOFM Authorization is Mandatory — All recruitment agencies must obtain authorization from Romania's National Agency for Employment (ANOFM) before operating (Art. 1, 3).
Shortage Occupations Only — Recruitment of foreign workers is permitted only for occupations officially listed as being in shortage in Romania (Art. 1(2)).
All Procedures via WorkinRomania.Gov.ro — The official government platform must be used for all recruitment procedures and documentation (Art. 7).
Written Contracts Required — All employment contracts must be in writing and in a language the worker fully understands (Art. 8–10).
Financial Guarantee Requirements (Art. 25)
Before receiving authorization, all recruitment agencies must provide a financial guarantee — either as a cash deposit or bank guarantee. This fund protects workers and covers costs such as deportation, unpaid fines, and worker repatriation.
Financial Liability (Art. 26)
Agencies are charged €2,000 per deported or removed worker. This cost is enforced as a state debt and is automatically recovered from the financial guarantee if left unpaid.
This means that high visa refusal rates or workers failing to comply with immigration conditions directly impact the financial standing and continued operation of the recruitment agency.
Fines & Violations
Non-compliance with the OUG carries significant financial penalties per violation:
Suspension & Sanctions (Art. 17–19)
License suspension or withdrawal for violations or fraudulent activity.
High visa refusal rates are a direct risk factor for suspension or license withdrawal — agencies must actively manage refusal rates. ‼️
Failure to maintain the required financial guarantee results in automatic suspension of the agency's license.
Ongoing Responsibilities & Control
Recruitment agencies are not simply a gateway — they hold ongoing legal responsibilities for every worker they place in Romania:
- Continuous monitoring and reporting obligations after workers arrive in Romania.
- Mandatory reporting of any worker absence, non-start, or early termination of employment.
- Workers are subject to a ~6-month employer stability rule — changing employers is restricted during this period.
- Agencies remain responsible for each worker for approximately 6 months after arrival, including overseeing absences and facilitating return if necessary.
Recruitment under this law is a long-term commitment, not a one-time transaction. All partners working with NextPath Global must be fully licensed and compliant with OUG requirements before any recruitment activity begins.
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