Summary
At the beginning of May 2025, Law no. 53/2025 entered into force, which brings important changes to the regime applicable to foreigners working in Romania, especially seasonal workers from outside the European Union. If your company is considering employing foreign workers – non-EU staff, it is essential to know the new rules – both those related to legal compliance and those that can directly influence the budget and operational organization.
1.What does Law 53/2025 cover?
This law transposes into Romanian law the provisions of Directive 2014/36/EU and its main aim is to protect seasonal foreign workers and streamline the hiring process. The amendments cover both employers and administrative procedures and conditions for obtaining work permits.
2. Who can NO longer hire foreign workers?
The law makes it clear that certain companies can no longer get work permits for foreign workers – non-EU nationals. These include companies that:
- are in insolvency or liquidation;
- are not economically active;
- are in debt to the state budget;
- were recently sanctioned for labor law violations;
- have representatives convicted of offenses under the Labor Code.
3.Employer liability – beware of financial obligations
An important novelty: if the right of residence for foreign seasonal workers is revoked for reasons attributable to the employer, the company will be obliged to pay:
- two guaranteed gross minimum wages;
- all outstanding salary entitlements of the employee.
4. Administrative simplifications – less bureaucracy
On the positive side, the law also comes with de-bureaucratisation measures:
- It is no longer necessary to have a labour contract endorsed by the ITM to extend the right of residence for foreign workers;
- Certain provisions of GEO no. 194/2002 are repealed, simplifying the process of granting the right of residence.The deadline for processing applications for seasonal foreign workers has been reduced to a maximum of 15 days.
5.New requirements for obtaining an employment authorisation
Employers must provide a certificate attesting that they are not bankrupt or being wound up. Workers must also fulfil training and experience requirements, especially if they will be working in a regulated profession.
6. Increased controls and sanctions for employers
The authorities may carry out checks on employers’ premises to verify compliance with the legal conditions for employing foreign workers. In case of non-compliance, employers can be fined up to 10,000 lei
7.Conclusion
Law No. 53/2025 comes with a double objective: protection for foreign workers and to professionalise the hiring process. For entrepreneurs, this means more rigour in the required documentation, but also benefits by simplifying procedures.
If your company is planning to hire non-EU staff in the near future, our recommendation is to work with a specialised consultant or chartered accountant to help you stay legal and avoid the hidden costs of non-compliance.
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