In the context of workforce mobility, more and more Romanian citizens choose to work abroad, either temporarily or long-term.

Law No. 156/2000 primarily aims to protect Romanian citizens working abroad, especially those who go through employment placement agencies.

In April 2025, the implementation rules of Law 156/2000 were amended, introducing new regulations regarding digitalization and new obligations for employment placement agencies and service providers.

Among the new obligations for employment placement agencies is the requirement to register with the territorial labor inspectorate in whose jurisdiction their registered office is located. In addition, they must notify both the inspectorate where they are registered and the labor inspectorate in the territorial jurisdiction where any branches, work points, or other secondary offices will operate, at least 5 working days before starting placement activities in those locations.

The new decision significantly simplifies the administrative process by allowing the submission of documentation in electronic format, signed with a qualified electronic signature. The following documents are now accepted in digital format:

 a) a copy of the registration certificate issued by the National Trade Register Office, indicating that the agency’s main activity is “7810 – Activities of employment placement agencies”; 

b) a copy of the certificate of status issued by the National Trade Register Office, indicating that the agency is not undergoing bankruptcy or dissolution proceedings; 

c) a copy of the identity document of the legal representative; 

d) the criminal record or a statement on one’s own responsibility by the agency’s legal representative, under the sanction of false declaration as provided in Article 326 of Law No. 286/2009 on the Penal Code, with subsequent amendments, stating that the representative has not been finally convicted of an intentional offense incompatible with the intended activity.

The submission of all necessary documents, including notifications regarding changes in secondary office locations, is now facilitated digitally. Even certified translations of documents written in other languages can be submitted electronically, eliminating the need for physical submission.

Additionally, the new rules introduce the obligation for employment placement agencies to provide proof that their primary activity corresponds to CAEN code 7810 – “Activities of employment placement agencies,” a requirement that was not explicitly stated in previous regulations.

The new decision also brings changes to the mediation contract by introducing new obligations for placement agencies or employment placement service providers.

The new regulations establish a series of additional responsibilities for these agencies/providers, including:

a) taking the necessary steps to conclude the individual employment contract or an equivalent document, in accordance with the legislation of the destination country, with the foreign employer; 

b) if, in the destination country, employment is not carried out by signing an employment contract, the agency/provider must ensure the Romanian worker receives an equivalent document, in accordance with the destination country’s legislation, before leaving Romania, both in Romanian and in the official language of the employer’s country; 

c) ensuring that one copy of the individual employment contract or equivalent document is drafted in Romanian; 

d) covering the repatriation costs, as stipulated in Article 16 of Law No. 156/2000 on the protection of Romanian citizens working abroad, in case the employer fails to fulfill their obligations.

For seasonal jobs, the placement agency or service provider is required to provide the applicant with all relevant information regarding: 

a) the rental agreement or an equivalent document clearly stating the accommodation conditions provided to the seasonal worker by the employer, along with proof that the employer ensures compliance with general health and safety standards in force in the host country; 

b) the commitment that the employer will cover the cost of round-trip travel between the seasonal worker’s home in Romania and the job location in the host country; 

c) the conditions for granting a daily meal allowance; 

d) health insurance or, where applicable, private medical subscription for the contractual period, or the employer’s commitment to arrange such insurance/subscription for the contractual period; 

e) the prohibition of recovering travel costs from the seasonal worker if they are covered by the employer as per point b); 

f) the possibility of requiring the seasonal worker to pay rent, which may not exceed 25% of their net wage, if accommodation is provided by the employer and complies with general health and safety standards in the host country.

Among the applicant’s obligations are: 

a) notifying the placement agency/service provider in case of withdrawal from their mediation services; 

b) paying the legal fees and travel-related expenses abroad, if these are not covered by the employer under the individual employment contract.

Employment placement agencies and service providers already registered or notified under the legislation in force before the adoption of the new decision will not be subject to a new registration or notification procedure.

Author: Atty. Felicia Cioflan