How to Change Employer in Romania?

January 31st, 2023

At the end of 2022, it came into force Government Emergency Ordinance no. 143/2022, which amends Article 17 of G.O. no. 25/2014 regarding the employment and relocation of foreigners on the territory of Romania and, especially, the change of employer by foreign employees.

This was due to the fact that, after entering Romania, some of the foreign employees, admitted on the basis of the employment visa, used to give up the job offered by the employer who obtained the employment permit, in order to be employed by another company, causing damage to the initial one.

What shall an employee do in case of changing the employer?

In the first year of the contract, a foreign worker is able to change the employer only on the basis of a written agreement from the first employer. The second employer has to follow all the steps required by legislation, the same as in the case of obtaining the first work permit, and to present to the authorities the written consent, in order to get the work permit in relation with his company.

Are there any exceptions?

The normative act also provides that, if the foreign worker changes his job, but remains with the same employer who obtained the initial employment permit, the new permit is issued to the employer without meeting all the general conditions and, as the case may be, without meeting all the special conditions for the issuance of such a document in the case of permanent workers or trainees.

At the same time, a new employment notice is issued to another employer, during the period of validity of the single permit or the EU Blue Card, only with the fulfillment of all general or special conditions, as the case may be.

These provisions also do not apply if the termination of the labor contract occurred at the initiative of the previous employer, by agreement of the parties or by the resignation of the foreign citizen, if the employer does not fulfill the obligations assumed by the labor contract, according to Law no. 53/2003 – Labor Code.

In case you are a foreign worker who wants to change the employer or you represent a company who wants to hire a foreign employee from another firm, a lawyer who knows the legislation in the field of work permits for foreigners and the procedures that must be carried out can help you comply with the legal requirements and make the whole process easier. Therefore, you can schedule a consulting session by clicking here.

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