In recent times, Romanian employers are increasingly choosing to hire foreign citizens due to the labor force crisis in Romania. The acute need for hiring foreign citizens is evident from the fact that in recent years, the annual quota set by the authorities has been exceeded.

In this context, two of the relevant categories of work permits are those obtained for permanent workers and highly skilled workers. Each of these categories has distinct requirements but also presents similarities, especially regarding the necessary documents for obtaining the work permit.

A particular feature of the work permit for highly skilled workers is that highly skilled workers will be employed by the employer based on an individual employment contract for an indefinite period or for a determined period of at least 1 year. In the case of permanent workers, they are hired with an individual employment contract for an indefinite or determined period.

The employer will need to pay the highly skilled worker a salary of at least twice the average gross wage, unlike permanent workers for whom such a salary level is not required. Another essential condition for obtaining this permit is that the highly skilled worker must meet the professional training and experience requirements for the job they will perform with the employer.

Both for permanent workers and highly skilled workers, the individual employment contract for a determined period is extended in accordance with the Labor Code without the need for a new employment permit.

One of the specific documents required for the work permit for highly skilled workers, which is not among the requirements for permanent workers, is the recognition certificate of the studies necessary for the vacant position, issued by the Ministry of National Education, in accordance with the legislation in the field.

To obtain this certificate, you need to submit an online application or at the registry of the Ministry of Education, which includes several documents as follows:

1. Application;

2. Employer’s request for the issuance of the recognition certificate for obtaining the work permit;

3. Employer’s registration certificate;

4. Study documents for recognition:

• Copy of the study documents are issued in Romanian, English, French, Spanish, or Italian.
• Copy and legalized translation into Romanian for documents issued in other foreign languages.
• For regulated professions (doctor, dentist, pharmacist, general nurse, veterinarian, midwife, architect): transcripts of records/supplement to the diploma, analytical programs of courses taken, documents related to postgraduate courses, etc.

5. Personal identification documents in copy: passport/evidence of name change (if applicable)

6. Evaluation fee of 100 Lei.

Unlike the work permit for permanent workers, in the case of highly skilled workers, documents such as the employer’s organization chart, evidence of job posting through mass media, a copy of the employer’s minutes showing the selection process for the vacant position, etc., are no longer required.

The processing times for work permit applications for highly skilled workers, payment methods, fee amounts, and other specific information for both the employer and the foreign citizen are similar to those for permanent workers.

It is important to mention that in the current context, the volume of applications is high, and for this reason, the processing time for the application can be exceeded, even if it has already been extended according to the relevant legislation.

In conclusion, regardless of the type of work permit, employing a foreign citizen in Romania without the necessary work permit or a foreign citizen with illegal residence is subject to a fine ranging from 10.000 Lei to 20.000 Lei.

Author: Atty. Felicia Cioflan