LEGE no. 203 203 of 28 December 1999 (** republished) (* updated *) on work permits ((updated until 3 September 2006 *)
ISSUER
PARLIAMENT
----------- *) The initial text was published in the OFFICIAL GAZETTE no. 544 544 of 17 June 2004. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until September 3, 2006, with the amendments and additions made by: LAW no. 18 18 of 28 February 2005 ; EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 ; ORDINANCE no. 49 49 of 30 August 2006 . ** **) Republicated pursuant to art. II of Law no. 130/2004 to amend and supplement Law no. 203/1999 on work permits, published in the Official Gazette of Romania, Part I, no. 364 of 26 April 2004, giving the texts a new numbering. Law no. 203/1999 was published in the Official Gazette of Romania, Part I, no. 646 646 of 30 December 1999 and has been amended and supplemented by: - Government Emergency Ordinance no. 172/2000 , published in the Official Gazette of Romania, Part I, no. 531 of 27 October 2000, approved with amendments and additions by Law no. 550/2001 , published in the Official Gazette of Romania, Part I, no. 676 676 of 25 October 2001; - Government Ordinance no. 32/2003 , published in the Official Gazette of Romania, Part I, no. 62 of 1 February 2003, approved with amendments by Law no. 274/2003 , published in the Official Gazette of Romania, Part I, no. 451 451 of 25 June 2003. + Article 1 This law regulates the employment of foreigners on the territory of Romania and the conditions for issuing work permits. + Article 2 For the purposes of this Law, the following terms shall be defined a) foreigner-person who does not have Romanian citizenship; ... b) the work permit-the official document, issued under the law, which entitles the holder to be employed or posted in Romania to a single employer; ... c) the trainee worker-the foreigner employed, whose presence on the territory of Romania is strictly determined in time and aims to improve the professional training and linguistic and cultural knowledge; ... d) the seasonal worker-the foreigner employed on the territory of Romania, on a well-defined job, in a sector of activity that takes place according to the succession of the seasons, based on an individual employment contract concluded on the fixed period, which may not exceed 6 months within a period of 12 months; ... e) the cross-border worker-the foreigner employed in the border localities on the territory of Romania and who returns every day or at least once a week in the border area of a state that has the common border with Romania, in who has his domicile and whose citizen he is. ... f) the posted worker-the qualified foreigner, employee of a foreign legal person, who can carry out activity on the territory of Romania for a maximum of one year at a minimum interval of 5 years, in the following situations: ... i) operate on the territory of Romania for a period of up to one year, to a legal person in Romania, based on a commercial contract of services concluded between the legal person in Romania and the foreign employer of the posted worker; ... ii) operate, following the decision to temporarily change the place of employment issued by a foreign company based in the territory of a Member State of the World Trade Organization, to a representative office, branch or subsidiary of to be located in Romania; ... iii) operates at a commercial company, the Romanian legal person, whose associate/shareholder is the foreign company, with the same object of activity, if it is not in employment relations with another Romanian legal person. g) highly qualified staff-university professors, researchers and scientific staff who carry out in Romania an academic activity or research activity at universities, education and research institutions, authorities and institutions of the central public administration system. ... -------------- Letters b) and d) of art. 2 2 have been amended by section 1 1 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Letters f) and g) of art. 2 2 have been introduced by section 2 2 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 3 (1) The work permit may be issued, upon request, to foreigners who meet the conditions stipulated by the Romanian legislation on employment and who have applied on the border crossing documents the long-stay visa for employment in work. ... (1 ^ 1) The long-stay visa for employment shall be granted to the foreigner on the basis of the favourable opinion of the Office for the Migration of the Labour Force and the Foreign Authority. (2) The work permit may be issued, in compliance with the regulations in force, without the need to obtain the long-stay visa for employment, to foreigners in one of the following situations: ... a) come from states with which Romania has concluded agreements, conventions or agreements to abolish visas for the crossing of the border for this purpose or for which Romania has unilaterally waived the visa requirement; ... b) benefit from the right of temporary residence for family reunification, granted under the conditions established by the legislation on the regime of foreigners in Romania; ... c) benefit from the right of temporary residence for study purposes and require employment on the basis of individual part-time employment contracts, with a maximum of 4 hours per day; ... d) are family members-husband, wife, children-of Romanian citizens residing in Romania. ... e) are posted on the territory of Romania on the basis of the long-stay visa for other purposes. ... -------------- Alin. ((1) of art. 3 3 has been amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Alin. ((1 ^ 1) of art. 3 3 has been introduced by section 4 4 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Letter e) a par. ((2) of art. 3 3 was introduced by section 4.2. 5 5 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 3 ^ 1 (1) If a legal entity based in Romania or a representative office, branch or branch in Romania of a legal person based abroad makes proof of direct investments with significant impact in Romania economy, within the meaning of Law no. 332/2001 on the promotion of direct investments with significant impact in the economy, as amended, in which the posted worker has a direct and necessary involvement, the period for which he operates on the territory of Romania may be extended up to 3 years. ... ((2) Under the provisions of agreements, conventions or international agreements to which Romania is a party, the period for which the posted worker operates on the territory of Romania may be extended under the conditions and situations expressly provided for by them. ... (3) The provisions of art. 2 lit. f) regarding the period for which the posted worker may carry out activity on the territory of Romania does not apply to foreign citizens employed by legal entities established in one of the Member States of the European Union or in one of the signatories of the Agreement on the European Economic Area. ... -------------- Art. 3 ^ 1 was introduced by item 1. 1 1 of art. I of ORDINANCE no. 49 49 of 30 August 2006 , published in MONITORUL OFFICIAL no. 745 745 of 31 August 2006. + Article 4 (1) The work permit shall be issued by the Office for the Migration of the Labour Force, a public institution under the Ministry of Labour, Social Solidarity and Family. ... (2) The types of work permits that may be granted to foreigners are as follows: ... a) Type A work permit (permanent workers)-entitles the holder to be employed on the basis of the individual employment contract for a period of no more than 12 months, with the possibility of extending on new intervals of up to 12 months, to a single natural or legal person in Romania or at a representative office, branch or branch in Romania of a legal person based abroad; ... b) Work permit of type B (posted workers)-entitles the holder to perform the work, under the law, on the basis of the posting decision from a foreign legal person employer to a legal person employer in Romania or to a representation, branch or branch in Romania of a legal person based abroad; ... c) Work permit of type C (seasonal workers)-entitles the holder to be employed on the territory of Romania for a period of no more than 6 months in a period of 12 months, not being able to be extended for employment of other nature; ... d) Work permit of type D (trainee workers)-entitles the holder to be employed on the territory of Romania for an internship period of no more than 12 months, with the possibility of extension until obtaining the professional qualification for which organised the internship; ... e) Type E work permit (athletes)-entitles professional athletes to be employed in a single Romanian employer, whose main object of activity is the conduct of sports activities, for a period of no more than 12 years. on Monday, with the possibility of extension on new intervals of up to 12 months. ... f) Work permit of type F (nominal)-is issued for seasonal activities to the foreigner who previously carried out activities on the basis of a type C work permit, to the same employer on the territory of Romania, and who complied with the obligation to leave the territory of Romania at the expiry of the duration of the previous individual employment contract, according to the ... g) G-type work permit (cross-border workers)-entitles the holder to be employed on the basis of the individual employment contract for a period of no more than 12 months, with the possibility of extension on new intervals of up to 12 months at a the only natural or legal person in Romania, or at a representative office, branch or branch in Romania of a legal person based abroad, under the conditions of art. 2 lit. e). ... ((3) On the date of accession of Romania to the European Union, foreign nationals employed by legal entities established in one of the Member States of the European Union or in one of the signatory states of the Agreement on be posted in Romania without the need to obtain a work permit. ... (4) Under the provisions of agreements, conventions or international agreements to which Romania is a party, work permits may be issued or extended under the conditions and situations expressly provided by them. ... ((5) The Minister of Labour, Social Solidarity and Family, with the opinion of the Minister of Administration and Interior, may decide to issue in the special procedure of the work permit for persons who are to carry out in Romania, on the basis of a contract individual work, activities with major influences on the economic development of the country, in the conditions of paying by the employer a tariff of 2,000 euros, if those persons prove the possession of a qualification, long duration, in the field of interest, as well as the lack of criminal history. ... (6) Provisions of para. ((5) are applicable to citizens of the Member States of the European Union, as well as to the signatory states of the Agreement on the European Economic Area until the date of accession of Romania ... ((7) Litigies in connection with the refusal to grant the opinion provided in art. 3 3 para. (1 ^ 1) and the work permit, respectively the extension of the latter, shall be settled according to the provisions of Law of Administrative Litigation no. 554/2004 . ... -------------- Article 4 has been amended by section 4. 6 6 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Lit. b) a par. ((2) of art. 4 4 has been amended by section 4.2 2 2 of art. I of ORDINANCE no. 49 49 of 30 August 2006 , published in MONITORUL OFFICIAL no. 745 745 of 31 August 2006. + Article 5 ((1) Abrogat. ... (2) The provisions of art. 80 80 para. ((3) and the art. 82 82 para. ((1) of Law no. 53/2003 -The Labor Code, as amended, limiting the possibility of extending individual fixed-term employment contracts, are not applicable to foreigners. ... -------------- Alin. ((1) of art. 5 5 has been repealed by section 6.6. 7 7 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 6 They may be employed or, as the case may be, may provide work on natural or legal persons in Romania, without a work permit, the following categories of persons: a) foreigners who have established their domicile in Romania; ... b) citizens of the Member States of the European Union, of the signatory States of the Agreement on the European Economic Area and their family members ... c) foreigners whose access to the Romanian labour market is regulated by bilateral agreements, conventions or agreements concluded by Romania with other states; ... d) foreigners who have acquired a form of protection in Romania; ... e) repealed; ... f) repealed; ... g) foreigners who carry out teaching, scientific or other categories of specific activities of a temporary nature in accredited institutions in Romania, on the basis of bilateral agreements, and highly qualified personnel, on the basis of the order of the Minister of Education and Research, as well as foreigners who carry out artistic activities in cultural institutions in Romania, based on the order of the Minister of Culture ... h) foreigners who are to carry out on the territory of Romania temporary activities requested by ministries or other bodies of the central or local public administration or by autonomous administrative authorities. ... i) foreigners who are appointed head of branch or representative on the territory of Romania of a company that is based abroad, in accordance with the acts provided by the Romanian legislation in this regard. ... j) foreigners family members of Romanian citizens. ... -------------- Lit. e) and f) of art. 6 6 have been repealed by point 8 8 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Lit. g) art. 6 6 has been amended by section 4.2 9 9 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Lit. i) of art. 6 6 was introduced by section 4.2. 10 10 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Lit. j) art. 6 6 was introduced by section 4.2. 3 3 of art. I of ORDINANCE no. 49 49 of 30 August 2006 , published in MONITORUL OFFICIAL no. 745 745 of 31 August 2006. + Article 6 ^ 1 Foreigners working on the territory of Romania will submit to the Labour Migration Office, within a maximum of 30 days from the start of the activity, the copy of the individual employment contract, the copy of the posting act, as well as the documents issued by the authorities provided in art. 6 lit. g) and h), as applicable. -------------- Art. 6 ^ 1 was introduced by item 1. 11 11 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 6 ^ 2 Foreigners whose period of posting ceases, in accordance with the legal provisions, on the basis of the right of residence for other purposes, to the employer to which he was seconded. -------------- Art. 6 ^ 2 was introduced by section 2. 11 11 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 7 (1) At the proposal of the Ministry of Labour, Social Solidarity and Family, in accordance with the labor migration policy and taking into account the situation of the labor market in Romania, annually, the Government Decision establishes the number of work permits that can be issued to foreigners. ... (2) In order to elaborate the Government decision provided in par. ((1): ... a) The Office for the Migration of the Labour Force shall transmit quarterly to the Department for Foreign Labour of the Ministry of Labour, Social Solidarity and Family the statistical situation of work permits; ... b) The National Employment Agency shall make available to the department referred to in lett. a) statistical indicators specific to its field of activity. ... -------------- Alin. ((2) of art. 7 7 has been amended by section 12 12 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 8 (1) Foreigners may be employed on the territory of Romania to employers who operate legally, under the following cumulative conditions: ... a) vacancies cannot be filled with Romanian personnel; ... b) meet the special conditions of professional training, experience in activity and authorization, requested by the employer according to the legislation in force. ... c) prove that they are medically fit to carry out the respective activity and have no criminal record, in the case of functions for whose employment the Romanian legislation provides for this condition; ... d) employers have paid up the obligations to the national public budget; ... e) falls within the annual quota approved by Government decision; ... f) hold a minimum level of knowledge of the Romanian language; ... g) jobs cannot be occupied by the citizens of the Member States of the European Union, the signatory states of the Agreement on the European Economic Area and their family members. ... ((2) Abrogat. ... (3) The provisions of par. ((1) lit. a), b), d) and f) do not apply to citizens of the Member States of the European Union, of the states signatory to the Agreement on the European Economic Area, to the other categories of foreigners provided for in 3 3 para. ((2), as well as foreigners provided for in special laws. ... (4) The provisions of par. ((1) lit. g) shall apply from the date of accession of Romania to the European Union, subject to the application of the transitional measures provided for by the Treaty of Accession of Romania ... (5) Provisions of para. ((1) lit. a) does not apply to foreigners who perform the position of administrator in a commercial company with foreign participation, in a situation where there is only one person appointed to this position, if the foreigner carries out the activity as professional sports, given the existence of an international recognition or evidence that it has carried out similar activity in another country, as well as for applicants of the type F work permit ... -------------- Alin. ((2) art. 8 8 has been repealed by section 6.6. 1 of LAW no. 18 18 of 28 February 2005 , published in MONITORUL OFFICIAL no. 182 182 of 2 March 2005. Alin. ((3) art. 8 8 has been amended by section 2 of LAW no. 18 18 of 28 February 2005 , published in MONITORUL OFFICIAL no. 182 182 of 2 March 2005. Alin. ((1) of art. 8 8 has been amended by section 13 13 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Points c), d), e), f) and g) of par. ((1) of art. 8 8 have been introduced by section 14 14 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Alin. ((3) of art. 8 8 has been amended by section 15 15 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Alin. ((4) and (5) of art. 8 8 have been introduced by section 16 16 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Lit. c) a par. ((1) of art. 8 8 has been amended by section 4.2 4 4 of art. I of ORDINANCE no. 49 49 of 30 August 2006 , published in MONITORUL OFFICIAL no. 745 745 of 31 August 2006. + Article 9 The access of trainee and seasonal foreign workers to the labor market is also regulated by bilateral agreements, conventions or agreements, concluded by Romania with other states. ------------ Article 9 has been amended by section 6.6. 17 17 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 10 (1) When issuing the opinion and the work permit, including the extension of the latter, the holder will pay a tariff in lei, the amount of which will be determined by the methodological norms for the application of this law, approved by decision of the The government, to be updated annually. ... (2) In order to cover the expenses related to the issuance of the opinion and the work permit, including its extension, the Office for the Migration of the Labour Force will charge the holder a commission of 2%, which applies on the amounts provided in par. ((1). ... ------------ Article 10 has been amended by section 10. 18 18 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 11 (1) Incadres without a work permit or keeping in work a foreigner who does not have a valid work permit by a natural or legal person in Romania, except in the cases provided in art. 6, constitutes contravention and is sanctioned with a fine of 5,000 to 10,000 lei (RON). ... (2) The prevention, in any way, by the employer, the natural or legal person, of the competent bodies to exercise their control powers, within the limits of their powers, as well as its refusal to present the requested documentation, shall constitute contraventions and is sanctioned with a fine from 4,500 to 9,000 lei (RON). ... ------------ Article 11 has been amended by section 1. 19 19 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 12 (1) Finding and sanctioning the contraventions provided in art. 11 are made by labor inspectors of the Labour Inspection, as well as by the employees of the Office for Labour Migration, designated by order of the Minister of Labour, social solidarity and family. ... (2) Provisions of para. ((1) and of art. 11 regarding the contraventions shall be supplemented by the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. ... + Article 13 Amounts from tariffs paid according to art. 4 4 para. ((5), art. 10 10 para. ((1) and (2), as well as those from the fines provided for in art. 11 are made income to the state budget. ------------ Article 13 has been amended by section 1. 20 20 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. + Article 14 The procedure for issuing and cancelling work permits will be determined by methodological norms issued by the Ministry of Labour, Social Solidarity and Family, Ministry of Foreign Affairs and Ministry of Administration and Interior, approved by decision of the Government, within 60 days from the publication of the present law in the Official Gazette of Romania, Part I. *) ----------- * *) See Government Decision no. 434/2000 for the approval of the Methodological Norms on the procedure for issuing and cancelling work permits, published in the Official Gazette of Romania, Part I, no. 267 267 of 14 June 2000, as amended. JUDGMENT no. 434 434 of 25 May 2000 has been repealed by art. 2 2 of JUDGMENT no. 1.145 of 23 July 2004, published in the OFFICIAL GAZETTE no. 697 697 of 3 August 2004. + Article 15 (1) This law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I. ... (2) The provisions of art. 6 lit. b) shall enter into force from the date of accession of Romania of the European Union, subject to the application of the transitional measures provided for by the Treaty of Accession of Romania ... (3) The provisions of art. 8 8 para. ((1) lit. c) and e) will apply to the citizens of the Member States of the European Union, as well as to the signatory states of the Agreement on the European Economic Area until the date of accession of Romania to ... (4) The provisions of art. 6 lit. j) applies from the date of Romania's accession to the European Union. ... ------------ Alin. ((2) of art. 15 15 has been amended by section 21 21 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Alin. ((3) of art. 15 15 has been introduced by section 22 22 of art. I of EMERGENCY ORDINANCE no. 130 130 of 22 September 2005 , published in MONITORUL OFFICIAL no. 892 892 of 5 October 2005. Alin. ((4) of art. 15 15 has been introduced by section 5 5 of art. I of ORDINANCE no. 49 49 of 30 August 2006 , published in MONITORUL OFFICIAL no. 745 745 of 31 August 2006. + Article 16 On the date of entry into force of this Law, the Government Decision no. 207/1997 on the obligation of foreign citizens and stateless persons to obtain a work permit in order to conclude an individual employment contract on the territory of Romania, published in the Official Gazette of Romania, Part I, no. 99 99 of 23 May 1997 and any other provisions to the contrary. ----------
