Rules for posted or employed foreigners in Romania

Foreigners who no longer have a job in Romania can stay to find another employer

România Internațional, 03.04.2020, 20:58

The foreign citizens whose employment contracts in Romania have ended/been terminated have the possibility to stay on Romanian soil in order to find another employer, the General Inspectorate for Immigration announced on Friday.

The General Inspectorate for Immigration informs employers and beneficiaries of provision of services that their obligations, in keeping with art. 34 of Government Decree no.25/2014 on the employment and posting of foreigners in Romania, shall be maintained during the state of emergency. Also, the foreign citizens whose employment contracts have ended have the possibility to remain in Romania to identify another employer and can benefit from welfare measures, as provided by law reads a GII communique quoted by AGERPRES news agency.

According to the quoted source, the employer/beneficiary of the provision of services that has an employed or posted foreign citizen, from the category of those who do not need to obtain a work permit, has the obligation to inform the General Inspectorate for Immigration, within 10 days from the start of their activity on the territory of Romania, a copy of the individual employment contract, a copy of the posting document, as all as the documents attesting their belonging to one of the categories provided by law.

Also, the GII communique reads, any modification or termination of the individual employment contract concluded with the foreign citizen or, as the case may be, the termination of their posting, will be communicated by both the employer and the person employed, within the legal timeframe of 10 days. Given the measures to prevent and limit the spread of coronavirus infection (COVID-19), the GII recommends that the documents in question be submitted by electronic means of remote communication.

To this end, the snail mail, the fax or the e-mail address of the territorial competent structure can be used, by consulting the website. According to the legislation in force, in the situation in which the employment relation of the foreign citizen ceases before the expiration of the period for which the stay documents were issued, the said foreign citizen has the possibility to remain on Romanian territory, for a period of maximum 90 days, in order to identify a new employer, and may benefit from unemployment benefits from the state, as provided by Law 76/2002 on the system of unemployment benefits and the stimulation of employment, the communique also reads. Also, the Inspectorate mentions that employees can benefit from furlough benefits. (by Mihai Stoica/tr. M. Ignatescu)