The Government of Romania introduces clear rules regarding the change of job of foreign citizens entering the labor market in Romania, in order to protect the activity of employers, according to a press release issued by the Ministry of Labor.

The government responded to the requests received from the business environment regarding the access of foreign citizens to the labor market in Romania and in today’s meeting completed the specific legislation to establish the conditions under which foreign workers can occupy, during the period of validity of the single permit or EU blue cards, a new job, at a different employer than the one that obtained the employment permit.

The changes made to OG no. 25/2014 regarding the employment and secondment of foreigners on the territory of Romania and for the modification and completion of some normative acts regarding the regime of foreigners in Romania were taken to stop unfair practices, which disrupted the activity of companies and which materially harmed the original employer, the one who supports, by principle, all the expenses necessary to bring the foreign citizen to the labor market in Romania.

In this context, the Executive has introduced new rules. Thus, a foreign worker who has an individual employment contract (CIM) registered for less than one year will be able to take up a new job with another employer only on the basis of the written agreement expressed by the original employer.

The normative act also provides that, if the foreign worker changes his job, but remains with the same employer who obtained the initial employment permit, the new permit is issued to the employer without meeting all the general conditions and, as the case may be, without meeting all the special conditions for the issuance of such a document in the case of permanent workers or trainees.

At the same time, a new employment notice is issued to another employer, during the period of validity of the single permit or the EU Blue Card, only with the fulfillment of all general or special conditions, as the case may be.

These provisions also do not apply if the termination of the CIM occurred at the initiative of the previous employer, by agreement of the parties or by the resignation of the foreign citizen, if the employer does not fulfill the obligations assumed by the CIM, according to Law no. 53/2003 – Labor Code, republished, with subsequent amendments and additions.