• Additional Labor Market Testing Requirements, Delays Possible Under New Adjudication System
  • November 24, 2014
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • Romanian employers applying for new work permits for non-EU nationals, including for intracompany transferees, may face administrative delays and a prolonged application process due to the implementation of a new work permit adjudication scheme on November 28, 2014, known in Romania as the ‘Approval Scheme.’

    The new system will replace the current work permit process and will include additional labor market testing requirements during the pre-approval stage for some cases. The new system will not impact current documentary requirements, the current 30-day turnaround time for work permit applications, or quotas for foreign workers.

    Additional Labor Market Tests Required During Pre-Approval Stage

    The new adjudication system will require employers or their representatives to submit in person an employment approval application to the General Inspectorate for Immigration. This pre-approval application will include newly heightened labor market testing requirements. Employers will be required to place advertisements in several publications instead of only one, as the law currently requires.

    To obtain pre-approval, employers must have paid the previous quarter’s tax payments, be free of certain Labor or Criminal Code convictions, and be free of work permit or employment-related sanctions in the previous three years.

    Once the General Inspectorate issues the employment pre-approval, the foreign worker can apply for a work visa and eventually, a residence permit.

    It is expected that pending work permit applicants may have to submit additional documents to comply with the new law.

    Employers who fail to comply with the new system may face fines ranging from €150-650 per violation, closure of the workplace where the offense was committed, or denial of certain state subsidies.

    Work permit applications for intracompany transferees, professional athletes and cross-border workers will be exempt from this requirement, among others, though intracompany transferees will require a secondment approval during the initial stages of the work permit proess.

    What This Means for Employers

    Romanian employers applying for work permits for non-EU foreign nationals, including intracompany transferees, may face delays from the end of November on as the new adjudication system is implemented. Employers hiring non-EU foreign nationals may also face a longer work permit application process, and may need to conduct additional advertising during labor market testing.

    Employers with pending work permit applications should be prepared to submit additional documentation if necessary to comply with the new law.