On April 27, 2026, Ordinance No. 32/2026 on the access of foreigners to the Romanian labor market was published in the Official Gazette of Romania, No. 335. This legislative act substantially reforms the legal framework governing the admission and residence of third-country nationals for employment purposes.

The new regulation addresses a complex regulatory framework at the intersection of immigration law and labor law and aims both to streamline administrative procedures and to strengthen the authorities’ control over labor flows from outside the European Union.

The reform’s central pillars are the full digitization of procedures, recalibrating labor market access according to economic needs, strengthening the compliance regime applicable to employers, and significantly expanding sanction mechanisms.

Digitalization of administrative immigration procedures for employment purposes

Government Emergency Ordinance No. 32/2026 establishes a single electronic system — the workinginromania.gov.ro platform — which becomes the exclusive channel for managing the main stages of the labor market admission process.

Through this platform, the following will be carried out:

• registration of employers that use foreign labor;
• authorization of employment agencies;
• submission and processing of the “single application” for employment.

From a legal and administrative perspective, the traditional mechanism based on fragmented approval workflows is being replaced by an integrated system, in which communication with the General Inspectorate for Immigration is centralized and standardized digitally.

Making access to the labor market dependent on economic criteria

The admission of foreign workers is expressly conditioned by economic indicators through the introduction and operationalization of the Shortage Occupation List, established and updated every six months pursuant to a methodology approved by order of the Minister of Labor and within the framework of the Government’s annual labor migration policy.

Under this new framework:

• admission to the labor market is linked to the stated needs of the national economy;
• authorities exercise more rigorous ex ante control over the eligibility of applications;
• the hiring process takes on the dimension of active public policy, going beyond the scope of a mere administrative procedure.

In practice, the recruitment of workers from third countries becomes a mechanism contingent upon prioritizing occupations deemed to be in short supply at the national level.

Differentiated Regime for Foreign Workers

The legislation reinforces the existing differentiation between categories of foreign workers by establishing a stricter correlation between the type of work performed, the terms of employment, and the applicable residence regime.

The relevant legal effect lies in emphasizing the link between the professional category and the conditions for maintaining the right of residence, which leads to a more rigid segmentation of the applicable regime.

Strengthening employers’ obligations and expanding administrative oversight

The compliance regime applicable to employers is significantly expanded, with the establishment of a model for continuous monitoring of employment relationships involving foreign workers.

The new obligations include, among others:

• extended reporting to the General Inspectorate for Immigration;
• verification that the actual work performed corresponds to the declared occupation;
• compliance with conditions regarding wages, housing, and working conditions;
• prompt notification of any changes or terminations of the employment relationship.

In this context, the employer is no longer merely a subject of an approval procedure but becomes part of a continuous mechanism of compliance and administrative oversight.

The expansion of the sanction’s regime with tangible operational implications

Ordinance No. 32/2026 substantially strengthens the sanctions framework, both in terms of administrative liability and through measures with indirect economic impact. Differentiated fines are provided according to the nature of the infringement. Depending on the severity of the breach, sanction ranges may reach approximately RON 40,000.

In cases of serious or systemic infringements, additional measures may also be imposed:

• suspension or revocation of operating licenses;
• measures to recover previously granted funds;
• temporary or permanent closure of business locations.

From a legal perspective, the sanctioning regime goes beyond the logic of classic administrative offenses, having direct effects on the continuity of economic activity.

Relevant correlation with the Labor Law

The Ordinance introduces specific changes that have a systemic impact on employment relationships, including:

• the requirement that the individual employment contract of foreign employees be drafted in both Romanian and a language the employee understands;
• the introduction of new grounds for the automatic termination of individual employment contracts, linked to immigration status;
• the strengthening of the link between the validity of the right of residence and the existence of the employment relationship.

These changes result in a more pronounced interdependence between labor law and immigration law.

Transitional regime and gradual implementation

The legislation provides for a complex transitional regime, with gradual implementation of the measures depending on the regulated component (administrative procedures, digitization, reporting, or compliance).

In practice, this mechanism leads to the temporary coexistence of multiple legal regimes, applicable in parallel depending on the stage of the procedures and the date they were initiated.

From a practical perspective, the new provisions require a complete reassessment of internal recruitment, compliance, and immigration processes for companies that employ workers from third countries.

For these companies, rapid adaptation to the new procedures and requirements is essential to avoid penalties and administrative bottlenecks.