ROMANIA Law and Practice Contributed by: Oana Palita and Camelia Meirosu, Eversheds Sutherland Romania
4.2 Registration Requirements for Foreign Workers Nationals from EU or EEA member states or from the Swiss Confederation do not require special work authorisation to be employed in Romania. They ben - efit from the same employment conditions as Roma - nian citizens. However, depending on the duration of their stay, additional administrative formalities (such as registration or residency notification) may apply for residence purposes. Foreign individuals (non-EU/EEA or non-Swiss Con - federation) require work authorisation to be obtained before commencing employment in Romania (limited exceptions or exemptions may apply). In such cases, the employer must initiate the process by submitting a request to the General Inspectorate for Immigration. This is a prerequisite for the issuance of the appropri - ate long-stay visa and, subsequently, the residence permits for employment purposes. When employing foreign nationals, employers must be mindful that there will be additional information/ transparency requirements. Certain events throughout the course of employment must be reported to the immigration authorities: • for individuals hired based on exceptions to obtain - ing work authorisation – hiring of individuals, and change or termination of contract for these indi - viduals, needs to be notified to the immigration authorities; and • for individuals hired with the obligation to obtain work authorisation – termination and suspension of contract needs to be notified to the immigration authorities.
• the processing is necessary and justified by the legitimate interest of the employer and this prevails over the rights and liberties of employees; • no other less intrusive means can be used; • employees are properly and expressly informed in advance; • there is a privacy impact analysis (where neces - sary); • the data cannot be kept longer than the actual pur - pose of the processing, but no more than a maxi - mum of 30 days (with the exception of specifically provided cases); and • the trade union/employees representatives are consulted prior to introducing the monitoring sys - tem. Another topic on which Romanian law takes a more rigid approach than other jurisdictions refers to the scope of background checks. Criminal records cannot be discriminatingly requested for any and all employ - ees, especially if this would not be proportionate to the type of role they will occupy. As a rule, foreign workers – meaning non-EU, non- European Economic Area (EEA) or non-Swiss Confed - eration nationals – can be employed in Romania only on the basis of a work authorisation, issued following a comprehensive immigration process. Immigration limitations are in force, with respect to: • who may sponsor a work visa (in other words, there are employer-related conditions); • who may benefit from a work authorisation (employee-related conditions); and • general labour market-related limitations (for exam - ple, there is a maximum number of work authorisa - tions that can be issued each year – currently, this limit is set at 100,000 new foreign workers for all of 2025). 4. Foreign Workers 4.1 Limitations on Foreign Workers
5. New Work 5.1 Mobile Work Remote Work (or Telework)
The implementation of remote working models has increased at an accelerated pace, especially during the COVID-19 pandemic. This stress-tested employ - ers’ readiness to adjust their working models to accommodate flexibility in terms of management of their workforce. Remote work requires that this form
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