Foreign Workers' Rights in Romania

Romanian employment law applies to everyone who works in Romania, whatever their passport. The Romanian Labour Code (Codul muncii, Law no. 53/2003) prohibits discrimination based on citizenship or language (art. 5(2)), requires a contract in Romanian and, for foreign citizens, in a language they understand (art. 16(1) and (1^9)), and makes labour claims free of court fees (art. 270).

Do foreign employees have the same rights as Romanian employees?

Yes. The principle of equal treatment applies to all employees and employers (art. 5(1)), and direct or indirect discrimination based on race, citizenship, ethnicity, colour, language, religion and the other criteria of art. 5(2) is prohibited. Dismissal on those grounds is prohibited (art. 59(a)), and so is discrimination in setting and paying salary (art. 159(3)). Every rule explained on my employment law page applies to you: the national minimum salary (art. 164), the 40-hour week and the 48-hour cap (art. 112, art. 114), overtime compensation (art. 122 and 123), at least 20 working days of annual leave (art. 145(1)), notice (art. 75, art. 81), dismissal only on legal grounds (art. 58 to 80) and the capped probation period (art. 31).

Since 27 April 2026 the Code also obliges an employer hiring a foreign citizen (cetățean străin) to conclude the contract both in Romanian and in a language you understand (art. 16(1^9)). The Romanian text remains the version registered in REVISAL and read by the court, but the translation is now the employer’s duty, not a favour. The provision came with the non-EU labour-market reform, so whether an EU citizen can rely on it is not settled; ask for it either way.

Non-EU employees have additional protections under Emergency Ordinance no. 32/2026 on foreigners’ access to the Romanian labour market. Their employer must (art. 7(1)): pay the salary into the employee’s bank account; conclude the contract in Romanian and in a language the employee understands; include in the contract the elements of the firm job offer, among them the duration, working time and overtime compensation, gross and net pay and payment dates, supplements, leave, health and safety conditions, taxes and compensation for work accidents (art. 6(1)(c) to (m)), and whether accommodation and transport are provided and who pays for them (art. 6(2)); provide health and safety training in a language the employee understands; offer Romanian language courses with cultural integration content for at least 6 months, at least 6 hours a week; and ensure confidential access to complaint procedures. Rent for employer-provided housing cannot exceed 25% of the net salary (art. 7(2)).

EU citizens and non-EU citizens: what changes?

Citizens of EU member states work in Romania under the free movement of workers (art. 45 of the Treaty on the Functioning of the European Union), and EEA and Swiss citizens under equivalent agreements. No work authorisation is needed; residence registration with the General Inspectorate for Immigration (Inspectoratul General pentru Imigrări, IGI) is a separate formality.

For non-EU citizens, called foreigners (străini) in Romanian immigration law, the framework changed on 27 April 2026. Emergency Ordinance no. 32/2026 repealed Title I of Government Ordinance no. 25/2014, the old work authorisation (aviz de angajare) system (art. 55), and replaced it with an electronic platform, WorkinRomania.gov.ro (art. 3). Employers register on the platform, upload a firm job offer (art. 6) and file a single application (cerere unică) for the worker, directly or through an authorised placement agency (art. 3(2)(d) and (e)). Recruitment from abroad is possible only for occupations on the shortage list and within the yearly quota (art. 1(2), (3) and (5)). The long-stay work visa and the single permit (permis unic) are issued by IGI under the ordinance on the regime of foreigners (OUG 194/2002). The platform and the single application became the standard route in August 2026, after a transition period (art. 48 to 52).

I do not handle visas or permits. For the residence side talk to IGI Cluj or an immigration adviser. What I do is the labour side: your contract, your pay, your rights at work and any dispute with the employer. Two rules link the two sides. Your employer must notify IGI within 5 working days of the end of your contract, of an unexcused absence of more than 3 consecutive working days, and of any situation in which you are in danger or exploited (art. 7(1)(e)). And your contract ends by law if the single application is rejected or if IGI finds that your stay is illegal (Labour Code, art. 56(1)(k) and (l)). A dismissal remains a dismissal, subject to the rules on unfair dismissal and to the same deadlines as for anyone else.

What rules apply to posted workers in Romania?

If an employer established in another EU or EEA state or Switzerland posts you to Romania to provide services, you benefit, whatever law governs your contract, from the Romanian rules or the sector-wide collective agreement on: maximum working time and minimum rest; minimum paid annual leave; the remuneration applicable in Romania, including overtime pay; the conditions for temporary agency work; health, safety and hygiene at work; protection of pregnant women, new mothers, children and young people; equal treatment and non-discrimination; accommodation conditions where the employer provides it; and allowances or reimbursement for travel, board and lodging when you are sent away from your usual workplace in Romania (Law no. 16/2017, art. 6(1)).

What if my employer keeps my passport or documents?

Nothing in the Labour Code or in Emergency Ordinance no. 32/2026 allows an employer to retain your passport or residence permit. The only duty the ordinance imposes is to keep a copy of the travel document or permit at the registered office (art. 7(1)(i)). Ask for the original back in writing, and if that fails, report it to ITM Cluj and to IGI. Withheld documents together with debts, confiscated pay or threats are signs of exploitation, which the Police and the National Agency against Trafficking in Persons handle.

Your employment documents are a separate right. On request the employer must issue a document attesting your employment, its duration, your salary and your seniority (Labour Code, art. 34(5)), copies of the documents in your personal file within 15 working days (Government Decision no. 295/2025 on the REGES-ONLINE register, art. 8(4)) and, when the contract ends, an employment certificate and a REVISAL extract (art. 8(6)). You can also download your own REVISAL extract online (Labour Code, art. 34(5^1)).

Where can I complain in Cluj?

The court deadlines are short: 45 calendar days for a dismissal that is not a disciplinary sanction (art. 268(1)(a)), 30 calendar days for a disciplinary sanction (art. 252(5)) and 3 years for money claims (art. 268(1)(c)). Check them with the court deadline calculator and read how to contest a dismissal. For harassment and discrimination, see workplace harassment in Romania.

Do I need to speak Romanian to enforce my rights?

No. Complaints to ITM and claims in court are written in Romanian, and hearings are held in Romanian, but I draft them and represent you under a lawyer’s power of attorney (împuternicire avocațială). Documents in other languages are filed with an authorised translation. I work by phone, WhatsApp or video call, and you do not need to attend every hearing. Start with the contact page.

Consolidated text of the law: Codul muncii, Legea nr. 53/2003 (legislatie.just.ro).