Emergency Ordinance 130/2005 modifying and completing Law 203/1999 regarding the work permits

Human Capital Services
October 2005 

Emergency Ordinance 130/2005 modifying and completing Law 203/1999 regarding the work permits
(Official Gazette 892/2005) 

Main amendments brought by the Ordinance

The most important amendments brought by the Ordinance refer to expatriates seconded to Romania.

For the first time, a definition is provided for seconded foreigners working in Romania. Based on this definition, the secondment period is limited to 1 year within 5 years, provided that certain conditions are met.

According to the new provisions of this Ordinance, the Labour Force Migration Office in Romania will issue a specific type of work permit for the foreign individuals seconded to Romania (i.e. type B). No Romanian employment obligation arises further to the obtaining of the type B work permit.

After the initial period of one year, foreign individuals seconded to Romania by non-resident companies are required to obtain a Romanian work permit for permanent employees (i.e. type A) and further to be employed by the local company where they were initially seconded .

Based on the new regulations, within 30 days from the starting date of their activity in Romania, expatriates have to submit to the Labour Force Migration Office either a copy of the assignment letter or copy of the labour contract.

According to the provisions of this Ordinance, work permits can be also issued for foreign individuals seconded or envisaged to be employed by Romanian branches of legal entities headquartered abroad.

Under the new regulations, expatriates appointed as chief/head of a Romanian subsidiary or representative office are not required to obtain a Romanian work permit.

As an exception, the Ministry of Labour with the approval of the Ministry of Interior can issue a Romanian work permit based on the a special procedure for a fee of EUR 2,000, provided that certain conditions are met.

Our approach and your action
Please contact us immediately in order to analyse your situation and how the new changes directly impact you.

The Ordinance enters into force starting 05 October 2005.

The applications norms of the Ordinance will be published within 30 days. Based on our informal discussions with the labour authorities, they will issue the type B work permits once the application norms are published.