Academic journal article Contemporary Readings in Law and Social Justice

Romanian Legal Regulations on Workers from Non-Eu Borders

Academic journal article Contemporary Readings in Law and Social Justice

Romanian Legal Regulations on Workers from Non-Eu Borders

Article excerpt

ABSTRACT.

EU nationals have the right to live and work in Romania without a work permit as long as they have applied for a residence permit, which can be obtained after having a legal work contract in Romania. Work permits are issued by the Romanian Ministry of Labor and Social Protection, based on a working visa and a review of the necessary documents presented by the applicant. On the contrary, for citizens of non-EU countries it is necessary to apply for a residence permit at the Romanian embassy or consulate in his or her home country before a work permit application is submitted. This paper aims at identifying specific regulations for peculiar cases related to non-EU workers in Romania.

Keywords: long-term stay, short-term stay, work authorization

1. Background

In the Member Countries of the European Economic Area (EEA) the free movement of workers is a fundamental right which permits nationals of one EEA country to work in another EEA country on the same conditions as that member state's own citizens. During a transitional period of up to 7 years after accession of 10 Member States to the EU on 1 May 2004 and of 2 Member States on 1 January 2007, certain conditions may be applied that restrict the free movement of workers from, to and between these member states.

EU nationals have the right to live and work in Romania without a work permit as long as they have applied for a residence permit, which can be obtained after having a legal work contract in Romania. Work permits are issued by the Romanian Ministry of Labor and Social Protection, based on a working visa and a review of the necessary documents presented by the applicant. All employment related issues are governed by the Labor and Social Security Ministry. For citizens of non-EU countries it is necessary to apply for a residence permit at the Romanian embassy or consulate in his or her home country before a work permit application is submitted. Once submitted, the person is prohibited from traveling to any Schengen state until a decision is made regarding his or her application. Romanian work permits are employer-specific. The company must demonstrate that the worker has a certain set of skills necessary for the position. In addition, they need to show they were not able to fill the position with an EU/EEA candidate.

2. Specific regulation

Non-EEA nationals are permitted to engage in employment in Romania provided that they acquire a work authorization and a working visa/ residence permit. Work authorization and visa may be apprehended in two cases: for a short-term stay and a long term stay.

2.1 Short term stay

The main documents foreign nationals must submit to obtain a Romanian long-term visa are as follows: medical insurance for the visa period; proof of accommodation in Romania; means of support in Romania; proof of crime-free record issued by the authorities in the home country. Citizens of EU countries and of the European Economic Area (EEA) member states (i.e., Norway, Liechtenstein, Iceland) may enter Romania without a visa, and are allowed to stay for a period or several periods not exceeding 90 consecutive days, by using either of the following: passports; valid identity cards issued by relevant authorities from the home country. Citizens of certain states (e.g. United States of America, Canada, Japan) may also enter Romania without visa. Special conditions are stipulated by existing legislation with regard to foreigners who intend to set up companies in Romania. The general steps of the work authorization application procedure for a short term stay for non-EU workers are the following: the employer acting on behalf of the migrant worker obtains an endorsement of the Office for Immigration; the migrant worker obtains a long-term residence visa; the migrant worker obtains a work authorization; the migrant worker concludes an individual labor contract with the employer; the migrant worker obtains a temporary residence permit. …

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