Global Mobility Flash – Emergency Ordinance No. 32/2026 on the access of foreigners to the Romanian

In the Official Gazette No. 335 of 27 April 2026, Emergency Ordinance No. 32/2026 on the access of foreigners to the Romanian labor market and the amendment of related normative acts (“GEO 32/2026”) was published.
The new regulation significantly reforms the framework applicable to the recruitment and employment of third-country (non-EU) citizens, by digitizing procedures, introducing additional control and monitoring mechanisms and establishing stricter conditions for employers and placement agencies.
The ordinance aims to both facilitate employers’ access to foreign labor in sectors with staff shortages, and limit abusive practices and unauthorized intermediation, by creating a centralized system more strictly supervised by the authorities.

Main changes
1. Electronic platform WorkinRomania.gov.ro – full digitalization of procedures
GEO 32/2026 introduces the electronic platform WorkinRomania.gov.ro, which will become the single tool for managing procedures regarding the employment of non-EU workers in Romania.
The platform will not only function as a document submission portal, but as a centralized mechanism for managing and monitoring the entire recruitment and employment process of foreign workers.
The platform will be used for:

• registration and authorization of employers;
• authorization of placement agencies;
• submission and processing of single applications;
• management of dedicated electronic registers;
• monitoring of the activity of employers and agencies;
• exchange of information between competent authorities and generation of reports/statistics.

Starting with August 8, 2026, the procedures regarding the recruitment and employment of non-EU citizens will be managed exclusively through the electronic platform.
At the time of preparation of this material, the WorkinRomania.gov.ro platform is still under development and operationalization, so the practical procedures regarding the registration and authorization of employers and placement agencies are not yet finalized and are to be detailed through secondary legislation and through the implementation of the technical functionalities of the platform.
2. New immigration mechanism – “single application”
The new regulation introduces the “single application” mechanism, submitted exclusively online through the WorkinRomania.gov.ro platform, which centralizes the checks carried out by the competent authorities. This procedure replaces the previous process of obtaining a work permit and a long-stay visa for work purposes and ends with the issuance of a long-stay visa for employment of type D/AM1 or D/AM2, as the case may be, by the competent authorities.
3. New categories of work visas
The ordinance introduces two main categories of long-stay work visas:

• D/AM1 visa – applicable for:
  • highly qualified workers,
  • citizens of the Republic of Moldova, Ukraine and the Republic of Serbia employed in Romania under a full-time individual employment contract, and
  • certain special categories (e.g. teaching staff, researchers or professional athletes);
• D/AM2 visa – applicable to permanent, seasonal and cross-border workers.

Unlike the D/AM2 visa, for which the issuance is conditional on the availability of the annual quota of newly admitted workers, GEO 32/2026 does not provide for the application of the quota for the D/AM1 category.
4. Introduction of the notions of “registered employer” and “authorized employer”
GEO 32/2026 introduces two distinct regimes for employers using non-EU labor, depending on the category of workers recruited and the recruitment method.
Registered employer
The registered employer represents the “standard” regime applicable to employers recruiting non-EU citizens and requires registration on the WorkinRomania.gov.ro platform.
It can:

• directly recruit highly qualified workers and other special categories through the procedure related to the D/AM1 visa;
• recruit permanent, seasonal or cross-border workers in the D/AM2 category through an authorized placement agency.

To register on the WorkinRomania.gov.ro platform, employers must meet a series of eligibility and compliance conditions, including:

• lack of outstanding tax obligations to the general consolidated budget;
• carrying out an effective activity for at least 12 months in fields compatible with the occupations for which recruitment is requested (condition applicable to procedures related to the D/AM2 visa);
• lack of sanctions for serious violations of labor legislation or the use of undeclared work;
• lack of final convictions for relevant crimes, including trafficking in human beings, labor exploitation or illegal employment of foreigners;
• lack of relevant registrations regarding money laundering or terrorist financing;
• compliance with obligations regarding working and accommodation conditions applicable to foreign workers.

In addition, registered employers have ongoing reporting obligations to the authorities, including notification of certain situations such as unjustified absences of foreign workers, termination of employment relationships or identification of situations of illegal stay.
For the direct recruitment of highly qualified workers (D/AM1), the status of registered employer is sufficient.
Authorized employer
The authorized employer is a special category of employer that can directly recruit permanent non-EU workers in the D/AM2 visa category, without the use of an authorized placement agency.
This regime is intended mainly for companies with significant activity and experience in using foreign labor.
To obtain the authorization, the employer must cumulatively meet a series of additional eligibility and compliance conditions, including:

• carrying out an effective activity of at least 24 months in fields compatible with the occupations for which recruitment is requested;
• the existence of an average number of at least 50 employees in the year preceding the submission of the application;
• previous experience in using foreign labor;
• lack of outstanding tax obligations;
• lack of sanctions for serious violations of labor legislation, including undeclared work or illegal employment of foreigners;
• the absence of relevant final convictions of the employer, directors, associates or legal representatives, including for crimes related to human trafficking, labor exploitation, child labor, money laundering or terrorist financing;
• maintaining a low percentage of workers in illegal residence situations;
• establishing and maintaining a financial guarantee of EUR 1,000 for each permanent D/AM2 worker they intend to employ.

The financial guarantee can be established in the form of a deposit with the State Treasury or a bank guarantee letter and is intended to cover:

• repatriation costs;
• expenses borne by the authorities for accommodation, meals and support provided to vulnerable persons;
• fines or other unpaid obligations.

In addition, authorized employers are subject to ongoing compliance and reporting obligations, and failure to comply with legal conditions may lead to the suspension, withdrawal or cancellation of the authorization.
In practice, the essential difference is as follows:

• the registered employer can recruit D/AM2 workers only through an authorised placement agency;
• the authorised employer can recruit these workers directly, without an intermediary.

5. Introduction of the “List of Shortage Occupations”
One of the most important changes is the introduction of the “List of Shortage Occupations”, which will limit the recruitment of non-EU workers for certain categories of positions.
The employment of permanent non-EU workers in the D/AM2 category will be allowed exclusively for the occupations included in this List. The List will be updated biannually or whenever necessary, depending on the labor market needs identified at national and county level.
According to GEO 32/2026, the List of Shortage Occupations is to be approved by Order of the Minister of Labor, Family, Youth and Social Solidarity within 45 days from the date of entry into force of the ordinance.
This change may have a significant impact on companies recruiting permanent D/AM2 non-EU workers, as recruitment will no longer be possible for any type of position, but only for those included in the List.
6. Annual quota of foreign workers
The annual quota established by Government Decision will continue to apply, but exclusively to workers in the D/AM2 category. Therefore, the annual quota is no longer relevant for the categories of workers that fall under the D/AM1 regime.
7. Firm job offer and new contractual requirements
GEO 32/2026 introduces extended obligations regarding the content of the firm job offer and the contractual documentation related to the recruitment of foreign workers.
The firm offer must include, among others:

• gross and net salary;
• working time and working conditions;
• applicable leave and benefits;
• accommodation and transport conditions;
• applicable taxes and contributions;
• conditions regarding repatriation;
• occupational health and safety measures.

For recruitments carried out through placement agencies, the obligation to conclude a tripartite placement contract between the agency, the employer and the foreign worker, drafted both in Romanian and in a language understood by the worker, is also introduced.
Individual employment contracts must also be made available to workers in a language they understand.
If the employer does not provide accommodation for the foreign worker, the rent cost withheld from his remuneration cannot exceed 25% of the net remuneration.
8. Modification of the posting regime
The ordinance also modifies the rules regarding the posting of foreign workers in Romania.
For employers located in the EU/EEA and Switzerland, GEO 32/2026 maintains the classic posting regime, including the possibility of extending the posting period up to 18 months within a period of 36 months. In contrast, for employers from third countries, worker mobility is restructured mainly around the intra-group transfer (ICT) mechanism.
At the same time, the obligation to obtain posting permits is eliminated, with workers being able to directly apply for a posting visa.
9. Regulation of placement agencies
The activity of placement agencies for foreigners will be able to be carried out exclusively on the basis of an authorization issued by the National Employment Agency.
Among the main conditions for authorization:

• lack of significant tax debts;
• establishment of a financial guarantee of EUR 75,000 for up to 250 placed workers;
• exclusive use of firm offers from registered employers.

Also:

• it is prohibited to charge fees or commissions from workers;
• recruitment costs must be borne exclusively by employers;
• agencies can only carry out activities for occupations included in the List of Shortage Occupations.

10. Dedicated electronic registers
The ordinance establishes three electronic registers:

• Register of Foreign Employers (R.A.S.);
• Register of Foreign Placement Agencies (R.A.P.S.);
• Register of Authorized Employers (R.A.A.).

These registers will allow for the centralized monitoring of all entities involved in the recruitment and employment of non-EU workers and will facilitate the exchange of information between authorities.
In practice, the electronic registers do not represent distinct registration procedures, but reflect the approved status of the entity in the WorkinRomania.gov.ro platform (registered employer, authorized employer or authorized placement agency).
11. Extended sanctioning regime
The new regulation introduces an extended sanctioning regime for employers and placement agencies.
Sanctions may include:

• significant fines;
• suspension of activity;
• withdrawal of authorization;
• removal from electronic registers.

In the case of serious violations, such as the exploitation of workers or the carrying out of activity without authorization, measures may also be applied regarding the execution of financial guarantees.
12. Other relevant changes in immigration matters
The ordinance also brings other relevant changes in the matter of immigration and access to the Romanian labor market, including:

• introduction of specific rules regarding the change of employer by non-EU workers, including limiting the possibility of changing employer in the first 6 months of activity and the mandatory use of placement agencies for certain categories of D/AM2 workers;
• introduction of a new visa category for "holiday and work" programs (D/VM), based on bilateral agreements concluded by Romania with third countries;
• increase in the level of means of support required to obtain uniform visas to EUR 50/day of stay, but not less than EUR 500 for the entire declared period;
• increase in the fee for long-stay work visas from EUR 120 to EUR 300;
• clarification of the categories of foreigners who can be employed in Romania based on the right of residence held, including:
  • foreigners holding a valid EU Blue Card, issued by another Member State of the European Union, who are to carry out activities in Romania within the framework of the mobility of highly qualified workers;
  • foreigners holding a valid EU Blue Card, after 12 months of legal employment in Romania as a highly qualified worker;
  • foreigners holding a long-term residence permit granted by another Member State of the European Union, holders of a long-term residence permit containing the mention "Former holder of an EU Blue Card";
  • foreigners holding a valid temporary residence permit granted for the purpose of family reunification, as family members of a foreign citizen.

13. Transitional provisions and implementation schedule
The application of the new rules will be carried out in stages.
Thus:

• until August 7, 2026, the electronic platform will be used for the registration of employers, the authorization of agencies and the testing of system functionalities;
• starting with August 8, 2026, the new digital procedures will become fully applicable.

Applications for employment or posting permits submitted before the entry into force of the new rules will be resolved according to the previous legislation.
Practical impact for employers
The new rules will have a significant operational impact on companies that use or intend to use third-country workers, especially in sectors with staff shortages.
In practice, employers will need to consider:

• whether the positions they are recruiting for are included in the List of Shortage Occupations;
• whether they will use an authorized placement agency or whether it is appropriate to obtain the status of authorized employer for the direct recruitment of permanent D/AM2 workers;
• the financial impact of the new mandatory guarantees and additional compliance obligations;
• the need to update contractual documentation and internal procedures regarding the recruitment and integration of foreign workers.

At the same time, companies will need to implement additional internal processes for:

• continuous monitoring of the right to stay and work of foreign workers;
• fulfilling reporting obligations to the authorities;
• managing mandatory documentation through the WorkinRomania.gov.ro platform;
• preparation of contracts and firm offers in bilingual format and with extended content.

In addition, the new legislative framework transfers a significant part of the compliance responsibilities to employers and placement agencies, including by introducing financial guarantees, electronic monitoring mechanisms and a stricter sanctioning regime.
Starting with 8 August 2026, employers who are not registered in the WorkinRomania.gov.ro platform will no longer be able to initiate procedures for the recruitment and employment of non-EU workers, and direct recruitment of permanent D/AM2 workers will be possible exclusively by employers authorized under the new rules.
In practice, this means that companies using foreign labor will need to analyze their eligibility for registration/authorization in advance and prepare the necessary documentation to access the new electronic system.