Law No. 203 Of 28 December 1999 Relating To Work Permits

Original Language Title:  LEGE nr. 203 din 28 decembrie 1999 privind permisele de muncă

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Law No. 203 dated December 28, 1999 (republished * *) (* updated *) concerning work permits (updated until September 3, 2006 *)-PARLIAMENT ISSUING — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 544 of 17 June 2004. This is the updated form of S.C. "territorial Center of Electronic Computing" Piatra Neamt until September 3, 2006, with edits and additions to: Law No. 18 of 28 February 2005; EMERGENCY ORDINANCE No. 130 of 22 September 2005; ORDINANCE No. 49 of 30 august 2006.
*) Republished under art. II of law No. 130/2004 for the modification and completion of the law #. 203/1999 concerning work permits, published in the Official Gazette of Romania, part I, no. 364 of 26 April 2004, posing a new texts.
Law No. 203/1999 was published in the Official Gazette of Romania, part I, no. 646 of 30 December 1999 and was amended and supplemented by:-Emergency Ordinance of Government No. 172/2000, published in the Official Gazette of Romania, part I, no. 531 of 27 October 2000, approved with amendments and completions by law No. 550/2001, published in the Official Gazette of Romania, part I, no. 676 of 25 October 2001;
-Order No. 32/2003, published in the Official Gazette of Romania, part I, no. 62 of 1 February 2003, as amended by law No. 274/2003, published in the Official Gazette of Romania, part I, no. 451 of 25 June 2003.


Article 1 this law regulates the employment of aliens in the territory of Romania and the conditions for the issuing of work permits.


Article 2 for the purposes of this law, the following terms shall be defined as follows:-the foreign person) does not have Romanian citizenship;
  

b) work permit-official document issued in accordance with the law, which entitle the holder to be employed or seconded in Romania to a single employer;
  

c) worker trainee-foreigners employed in the work, whose presence on the territory of Romania is strictly determined time and aims to improve vocational training and language and cultural knowledge;
  

d) seasonal worker-foreigner employed in work on Romanian territory, on a well defined, in a sector of activity which is carried out according to the succession of the seasons, on the basis of an individual contract of employment for a fixed period which shall not exceed six months within a period of 12 months;
  

e-citizen) cross-border worker employed in work in border localities in Romania and who returns every day or at least once a week in the frontier zone of a State which has a border with Romania, the domicile and whose citizen he is.
  

f) worker-skilled foreigner seconded employee of a legal person, which may work on Romanian territory for a maximum of one year at an interval of not less than 5 years, in the following situations: i) operates on the territory of Romania for a period of up to one year, a legal person from Romania, under contract for provision of services concluded between the legal person from Romania and the employer of a worker's detached alien;
  

them) operates as a result of the decision to temporarily change the workplace issued by a foreign company with the seat in the territory of a State member of the World Trade Organization, a representative office, branch office, branch of his times on the territory of Romania;
  

III) operates at a trading company, Romanian legal person, whose shareholder is an associate/foreign company, with the same activity, if it is not in the employment relationship with another Romanian legal entity.

g) highly qualified staff-professors, researchers and scientific personnel who carry out an activity in Romania or academic research in universities, research institutions and educational authorities and institutions of the central public administration.
  

— — — — — — — — — — — — — — b) and d) of art. 2 were amended by section 1 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
The letters f and g)) of art. 2 have been introduced by section 2 of art. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 3 (1) the work permit may be issued, upon request, aliens who fulfil the conditions laid down by the legislation concerning the Romanian employment work and having affixed to documents for border crossing long stay visa for employment.
  

(1 ^ 1) Long stay visa for employment work shall be granted save based on the favourable opinion of the Office for labour and Migration of the foreign Authority.

(2) the work permit can be issued in compliance with the regulations in force, without the necessity of obtaining a visa for long-term employment, foreign labor, one of the following situations: a) originating in States with which Romania has concluded agreements, conventions or agreements abolishing visa requirements for crossing the border for this purpose or for which Romania withdrew unilaterally from visa requirement;
  

b) benefit from the temporary right of residence for family reunification, provided the conditions laid down by the legislation relating to aliens in Romania;
  

c) benefit from the right of temporary stay for the purpose of studies and ask for work under individual contracts of employment part-time, with a maximum of 4 hours per day;
  

d) are members of the family-husband, wife, children-Romanian citizens domiciled in Romania.
  

e) are detached in Romania on the basis of long-term visas for other purposes.
  

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Alin. (1) of article 1. 3 was amended by section 3 of article 9. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Paragraphs 1 and 2. (1 ^ 1), art. 3 was introduced by paragraph 4 of art. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Letter e) of paragraph 2. (2) of article 9. 3 was introduced by section 5 of art. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 3 ^ 1 (1) where an employer is a legal person with the head office in Romania or a representative office, subsidiary or branch in Romania of a legal person with its headquarters abroad to furnish proof that achieve direct investment with significant impact on the economy, for the purposes of the provisions of law No. 332/2001 on promoting direct investments with significant impact on the economy, with further amendments in the seconded worker has a direct and necessary involvement, the period for which it carries out its activity on the territory of Romania may be prolonged up to 3 years.
  

(2) pursuant to the provisions of the agreements, conventions or international agreements to which Romania is a party, the period for which the worker is posted to work in Romania may be prolonged under the conditions and situations expressly provided for.
  

(3) the provisions of art. 2(a) f) relating to the period for which the worker is posted may work on the territory of Romania shall not apply in the case of foreign nationals employed by legal entities established in one of the Member States of the European Union or in one of the Contracting States to the agreement on the European Economic area.
  

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Art. 3 ^ 1 was introduced by section 1 of article. 1 of ORDINANCE No. 49 of 30 august 2006, published in MONITORUL OFICIAL nr. 745 of 31 august 2006.


Article 4 (1) the work permit shall be issued by the Office for labour force Migration, public institution which is located in the Ministry of labour, social solidarity and family.
  

(2) the types of work permits which may be granted to foreign nationals are the following: a) work permit type (permanent workers) to entitle the holder to be employed in the work on the basis of the individual contract of employment for a period not exceeding 12 months, with the possibility of an extension on the new intervals of up to 12 months, to a single natural person or legal person from Romania or a representative , branch or representation from Romania to a legal person with headquarters abroad;
  

b) work permit type B (detached workers) to entitle the holder to carry out the work in accordance with the law, in accordance with a decision of detachment from a foreign legal person the employer an employer legal person from Romania or a representative office, subsidiary or branch in Romania of a legal person with headquarters abroad;
  

c) work permit type C (seasonal workers) to entitle the holder to be employed in work on Romanian territory for a period not exceeding six months within a period of 12 months, will be extended for the purpose of employment for a job otherwise;
  

d) work permit type D (trainee workers) to entitle the holder to be employed in work on Romanian territory for a period of not more than 12 months, with the possibility of extension up to obtaining qualifications for which it has organized the training course;
  

e) work permit type E (athletes) to give the right professional athletes to be engaged in work at a single employer, whose main activity is the conduct of sports activities, for a period of not more than 12 months, with the possibility of an extension on the new intervals of up to 12 months.
  


f) work permit type F (nominally) to be issued for seasonal activities, save that took place the previous activities on the basis of a work permit type C, the same employer on Romanian territory, and who have fulfilled the obligation to leave the territory of Romania at the expiry of the individual labour contract previously, according to the conditions imposed by law;
  

g) work permit type G (for cross-border workers) to entitle the holder to be employed in the work on the basis of the individual contract of employment for a period not exceeding 12 months, with the possibility of an extension on the new intervals of up to 12 months from a single natural person or legal person from Romania, or to a representative office, subsidiary or branch in Romania of a legal person with its headquarters abroad under the terms of art. 2(a) e). (3) the date of Romania's accession to the European Union foreigners employed by legal entities established in one of the Member States of the European Union or in one of the Contracting States to the agreement on the European Economic area can be detached in Romania without it being necessary to obtain work permit.
  

(4) pursuant to the provisions of the 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 for by them.
  

(5) the Minister of labour, social solidarity and family, with the opinion of the Minister of administration and Interior, may decide the issue in the special permit procedure for persons who are to take place in Romania, on the basis of an individual contract of employment, with the major influences on the economic development of the country, in conditions of payment by the employer of a 2,000-euro fee, if those individuals demonstrating possession of a qualification involving higher education of long duration, in the field of interest, and lack of criminal background check.
  

(6) the provisions of paragraphs 1 and 2. (5) are applicable to nationals of Member States of the European Union, and the States signatories to the agreement on the European Economic area by the date of Romania's accession to the European Union.
  

(7) any disputes in connection with refusal of the opinion referred to in article 1. 3 paragraphs 1 and 2. (1 ^ 1) and work permit, that is the continuation of the latter, deciding under the provisions of the law on administrative courts no. 554/2004.
  

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Art. 4 was amended by section 6 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Lit. b) of paragraph 2. (2) of article 9. 4 was amended by paragraph 2 of article 9. 1 of ORDINANCE No. 49 of 30 august 2006, published in MONITORUL OFICIAL nr. 745 of 31 august 2006.


Article 5 (1) be repealed.
  

(2) the provisions of art. 80 para. (3) and of article 23. 82 para. (1) of law No. 53/2003-labour code, as amended, which restricts the continuation of individual contracts of employment on fixed term, are not applicable to foreigners.
  

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Alin. (1) of article 1. 5 was repealed by point 7 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 6 can be engaged in work or, where appropriate, can provide work to individuals or bodies in Romania without work permit, the following categories of persons: a) aliens who have established under the law in Romania;
  

b) nationals of Member States of the European Union, the States signatories to the agreement on the European Economic area and members of their families;
  

c) aliens whose access to the labour market in Romania is regulated through agreements, conventions or bilateral agreements concluded by Romania with other States;
  

d) aliens who have acquired some form of protection in Romania;
  

e) repealed;
  

f) repealed;
  

g) aliens performing scientific, teaching or other temporary activities in accredited institutions of Romania, profile 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 institutions of culture of Romania, under the order of the Minister of culture and religious affairs;
  

h) foreigners to carry out temporary activities through the Romanian territory claimed by ministries or other bodies of central public administration authorities or local autonomous administrative times.
  

I) aliens who are appointed Chief of branch or representative office in Romania to a company which has its head office abroad, in accordance with the laws laid down by the Romanian legislation in this regard.
  

j) aliens family members of Romanian citizens.
  

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Lit. e) and (f)) of article. 6 were repealed by section 8 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Lit. g) of art. 6th amended by point 9 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Lit. I) art. 6 was introduced by paragraph 10 of article 10. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Lit. j) of art. 6 was introduced by point 3 of article 1. 1 of ORDINANCE No. 49 of 30 august 2006, published in MONITORUL OFICIAL nr. 745 of 31 august 2006.


Article 6 ^ 1 Foreigners working on Romanian territory will be submitted to the Office for labour force Migration, within 30 days of the commencement of the individual labour contract, a copy of the posting, and records released by the authorities referred to in article 1. 6 lit. g) and (h)), if applicable.
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Art. 6 ^ 1 was introduced by the pct, article 11. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 6 ^ 2 can be employed with work permit of foreigners whose period of secondment is terminated in accordance with the legal provisions, on the basis of the right of residence for any other purpose, the employer from which it was detached.
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Art. 6 ^ 2 was introduced by item 11 of article 4. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 7 (1) on the proposal of the Ministry of labour, social solidarity and family, in accordance with the policy on labour migration and taking into account the labour market situation from Romania, annually, by a decree of the Government determines the number of work permits that may be issued to aliens.
  

(2) the decision of the Government on the drafting of paragraph 1. (1): Office for Migration) Labour Department quarterly forward work abroad of the Ministry of labour, social solidarity and family situation statistics work permits;
  

b) National Agency for employment will make available the Department referred. the domain-specific statistics indicators) or activity.
  

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Alin. (2) of article 9. 7 was changed by the point 12 of article 4. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 8 (1) Aliens may be employed in work on Romanian territory to employers who operate legally, under the following conditions be fulfilled cumulatively: a) job vacancies cannot be filled with English;
  

b) satisfies the conditions for special training, experience and authority as required by the employer according to the laws in force.
  

c) are proof that they are suited in terms of its medical work that does not have a criminal record and, in the case of functions whose employment legislation in Romania stipulates this condition;
  

d) employers have paid to date to the national public budget obligations;
  

e) falls within the annual quota approved by the Government;
  

f) hold a minimum level of knowledge of the Romanian language;
  

g) their jobs cannot be filled by nationals of Member States of the European Union, the States signatories to the agreement on the European Economic area and members of their family.
  

(2) Repealed.
  

(3) the provisions of paragraphs 1 and 2. (1) (a). a), b), d) and (f)) does not apply to nationals of Member States of the European Union, the States signatories to the agreement on the European Economic area, to the other categories of aliens referred to in art. 3 paragraphs 1 and 2. (2) and referred to in the aliens law.
  

(4) the provisions of paragraphs 1 and 2. (1) (a). g) shall apply from the date of accession of Romania to the European Union, subject to the transitional measures provided for in the Treaty of accession of Romania to the European Union.
  

(5) the provisions of paragraphs 1 and 2. (1) (a). has any) does not apply to aliens who fulfil the function of an administrator in a company with foreign participation, in a situation where one person is called in this function, if foreigners working as professional sports, the existence of an international acknowledgment or proof that similar activity took place in another country, as well as for work permit applicants by F.
  

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Alin. (2) of article 9. 8 was repealed by section 1 of law No. 18 of 28 February 2005, published in Official Gazette No. 182 of 2 March 2005.
Paragraphs 1 and 2. (3) art. 8 was amended by section 2 of law No. 18 of 28 February 2005, published in Official Gazette No. 182 of 2 March 2005.

Paragraphs 1 and 2. (1) of article 1. 8 was modified by item 13 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
The letters c, d)) e), f) and (g)) of para. (1) of article 1. 8 were introduced to point 14 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Paragraphs 1 and 2. (3) art. 8 was modified by point 15 of article 2. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Paragraphs 1 and 2. (4) and (5) of article 2. 8 have been introduced by paragraph 16 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Lit. c) of paragraph 2. (1) of article 1. 8 was amended by paragraph 4 of art. 1 of ORDINANCE No. 49 of 30 august 2006, published in MONITORUL OFICIAL nr. 745 of 31 august 2006.


Article 9 Access to foreign trainees and seasonal workers in the labour market is regulated and through agreements, conventions or bilateral agreements concluded by Romania with other States.
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Art. 9 has been modified from point 17 of article. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 10 (1) The issuance and licence, including the extension of the latter, the holder will pay a price in lei, the amount of which will be laid down in the detailed rules for the application of this law, approved by decision of the Government, to be updated annually.
  

(2) to cover expenses related to the issuance of the work permit and, including its extension, Office for labour force Migration will charge the holder a fee of 2%, which is applied on the amounts specified in paragraph 2. (1).
  

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Art. 10 has been amended by the pct, article 18. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 11 (1) employment without work permit or the work of an alien who does not have a valid work permit by a natural or legal person from Romania, except as provided for in article 10. 6, constitutes contravention and shall be sanctioned by a fine from 5,000 to 10,000 lei (RON).
  

(2) Prevent, in any way, by the employer, the individual or the legal authorities to exercise their powers of control, within the limits of its competence, and its refusal to submit the requested documentation constitute contraventions and sanctions with fines from 9,000 to 4,500 lei (RON).
  

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Art. 11 has been modified by the pct, article 19. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 12 (1) Finding and sanctioning of offences referred to in articles. 11 are carried out by labour inspectors of the labour inspection, as well as by the employees of the Office for labour force Migration, appointed by order of the Minister of labour, social solidarity and family.
  

(2) the provisions of paragraphs 1 and 2. (1) and of article 23. 11 relating to the offence shall be supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended.
  


Article 13 the amounts derived from the rates paid under the provisions of art. "". (5), art. 10 para. (1) and (2), as well as those derived from fines provided for in article 10. 11 to make come from the State budget. — — — — — — — — — — — — Art. 13 has been amended pct article 20. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.


Article 14 the procedure for issuing and cancellation of work permits will be determined through guidelines issued by the Ministry of labour, social solidarity and family, Ministry of Foreign Affairs and the Ministry of administration and Interior, approved by decision of the Government, within 60 days of the publication of this law in the Official Gazette of Romania, part URI.*) — — — — — — — — — — — *) see Judgment No. 434/2000 approving detailed procedures for issuing procedure and cancellation of work permits, published in the Official Gazette of Romania, part I, no. 267 of 14 June 2000, and its subsequent amendments.
JUDGMENT No. 434 of 25 May 2000 was repealed by article 19. 2 of JUDGEMENT No. on 23 July 2004, 1,145, published in MONITORUL OFICIAL nr. 697 from august 3, 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) comes into force from the date of accession of Romania to the European Union, subject to the transitional measures provided for in the Treaty of accession of Romania to the European Union.
  

(3) the provisions of art. 8 para. (1) (a). c) and (e)) shall apply to nationals of Member States of the European Union, and the States signatories to the agreement on the European Economic area by the date of Romania's accession to the European Union.
  

(4) the provisions of art. 6 lit. j) shall apply from the date of accession of Romania to the European Union.
  

— — — — — — — — — — —-. (2) of article 9. 15 was modified by pct article 21. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Paragraphs 1 and 2. (3) art. 15 was introduced by the pct, article 22. From the EMERGENCY ORDINANCE nr. 130 of 22 September 2005, published in Official Gazette No. 892 of 5 October 2005.
Paragraphs 1 and 2. (4) article. 15 was introduced by section 5 of art. 1 of ORDINANCE No. 49 of 30 august 2006, published in MONITORUL OFICIAL nr. 745 of 31 august 2006.


Article 16 entry into force of the present law shall repeal the Government decision nr. 207/1997 concerning the obligation of foreign citizens and stateless persons to obtain work permit for the purpose of concluding an individual contract of employment on the territory of Romania, published in the Official Gazette of Romania, part I, no. 99 of 23 May 1997, as well as any other provisions to the contrary.
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