Foreign Worker Recruitment Is Changing: What Employers Need to Know in 2026

Recruiting foreign workers has become, for many companies in Romania, a necessary solution in the context of the labor shortage on the local market.

In sectors such as construction, manufacturing, HoReCa, logistics, agriculture, or services, more and more employers are turning to workers from outside the European Union, especially workers from Asia.

In this context, O.U.G. no. 32/2026 introduces important changes regarding how the recruitment of foreign workers in Romania will be organized.

The new regulation does not only concern the digitalization of procedures and the creation of a new platform, but also establishes stricter rules regarding the persons and entities allowed to participate in the recruitment and employment of foreign workers.

O.U.G. no. 32/2026 entered into force on April 27, 2026, the date from which the new legal framework regarding foreigners’ access to the Romanian labor market begins to apply, subject to the transitional period provided for certain applications already pending.

Under the new legal framework, for the general procedure of recruiting newly admitted foreign workers to the Romanian labor market, employers will have to choose between two options:

• collaboration with an authorized foreign worker placement agency;
• direct recruitment, possible only for employers obtaining the status of authorized employer.

However, the new regulation should not be interpreted as meaning that all forms of foreign worker employment will be subject to the same regime.

There are still special categories of foreigners and distinct situations where access to work is governed by special regulations or different legal conditions, for example in the case of highly qualified workers, citizens of the Republic of Moldova, Ukraine and the Republic of Serbia, professional athletes, teaching, scientific or specialized personnel, or foreigners who already hold a residence right allowing them access to work in Romania.

Why the Rules Regarding the Recruitment of Foreign Workers in Romania Are Changing

The new rules were adopted in a context in which the authorities identified several issues in the practice of recruiting foreign workers:

• unauthorized intermediaries;
• commissions charged to workers;
• lack of clear information before arriving in Romania;
• employment promises that were later not reflected in the employment contracts;
• situations in which workers became vulnerable or could no longer regulate their right of residence.

Through O.U.G. no. 32/2026, the authorities aim to introduce a more controlled system in which recruitment is documented, verified, and carried out by authorized entities.

The regulation also takes into account the need to protect Romanian workers, workers from the European Union, the European Economic Area and the Swiss Confederation, while directing access for foreign workers toward sectors where there is a real labor shortage.

What Changes Will Appear for Employers Recruiting Foreign Workers

For employers, this means that recruiting foreign workers can no longer be treated as a simple process of identifying available candidates outside Romania.

Regardless of whether recruitment is carried out through an authorized agency or directly by the employer, the employer’s responsibility increases, because the new legal framework gives authorities clearer tools for the verification, control, and sanctioning of recruitment procedures.

In practice, the employer will need to demonstrate not only that a candidate was identified, but also that the entire process was organized through a legal and transparent channel.

WorkinRomania.gov.ro: the New Platform for Recruiting Foreign Workers

O.U.G. no. 32/2026 introduces a new platform. dedicated to procedures concerning the employment of foreign workers: WorkinRomania.gov.ro.

The platform is to be developed and operationalized by the Ministry of Internal Affairs, through the General Directorate for Communications and Information Technology, within hub.mai.gov.

Through this platform, the following will be managed, among others:

• employer registration;
• authorization of foreign worker placement agencies;
• authorization of employers wishing to recruit directly;
• uploading firm job offers;
• submission and processing of single applications;
• publication of the Shortage Occupations List;
• management of documents related to the recruitment procedure.

Until now, employers mainly used the platform portaligi.mai.gov.ro, through which supporting documents could be uploaded before appearing at the counter.

However, the new system has a broader role, because it is not limited to uploading documents, but will become the main framework through which the new procedures regarding the recruitment and employment of foreign workers will be carried out.

The new regulation distinguishes between the simple registration of the employer on the platform and the authorization of the employer as an authorized employer.

• registration allows the use of the platform and the initiation of applicable procedures;
• authorization is a special regime, mainly relevant for employers wishing to recruit directly, without using an authorized placement agency.

Transition Period for the New Rules Regarding Foreign Workers

O.U.G. no. 32/2026 establishes a transition period until August 7, 2026.

Applications for employment or secondment permits submitted before the ordinance entered into force, as well as applications already scheduled in the application of the General Inspectorate for Immigration or submitted to the territorial structures of the IGI, will be resolved according to the legislation applicable before the entry into force of O.U.G. no. 32/2026.

The Shortage Occupations List: an Important Condition for Recruitment

An important element introduced by O.U.G. no. 32/2026 is the Shortage Occupations List.

For the recruitment of newly admitted foreign workers to the Romanian labor market, the employment procedure may only be initiated if the occupation for which the worker is requested is included in this list.

The list will be:

• approved by order of the Minister of Labor;
• published in the Official Gazette;
• updated semi-annually or whenever necessary.

For employers, the practical consequence is simple: before starting recruitment, they must verify whether the occupation for which they need staff is eligible.

This condition is relevant both when the employer works with an authorized placement agency and when an authorized employer recruits directly.

However, the Shortage Occupations List should not be understood as a rule applicable to all situations involving the employment of foreigners.

For certain special categories, such as:

• highly qualified workers;
• citizens of the Republic of Moldova;
• professional athletes;
• teaching, scientific or specialized personnel;
• foreigners who already hold a residence right allowing access to work;

different rules may apply.

Therefore, each case must be analyzed according to the occupation, the category of foreigner, and the type of applicable procedure.

Hiring Workers from Asia Through Authorized Agencies

For employers who do not obtain the status of authorized employer, the recruitment of foreign workers will be carried out through an authorized foreign worker placement agency.

This will be the applicable option when the employer does not recruit directly based on its own authorization.

In this situation, the employer will need to collaborate with an authorized agency based on a service agreement.

This change is important because collaboration with any intermediary, consultant, or individual promising to identify candidates from outside the European Union will no longer be sufficient.

The agency must be authorized according to the law and registered in a dedicated registry.

The authorized agency may provide placement services only for occupations included in the Shortage Occupations List and only based on firm offers submitted by employers.

This limitation must be correlated with the specific category of foreigner for whom the procedure is initiated.

For the employer, collaboration with a specialized agency such as Muncitorești may bring more order and predictability to the recruitment procedure.

The agency will not only have the role of identifying foreign workers, but will participate in the entire recruitment process, from preparing documentation and informing the parties, to ensuring compliance with the obligations applicable to the employer and the foreign worker and managing the stages to be completed through the WorkinRomania.gov.ro platform.

In practice, this can reduce the risk of procedures started incorrectly, incomplete documents, or inconsistencies between the offer communicated to the worker and the actual working conditions.

The Service Agreement Between Employer and Agency

The collaboration between the employer and the authorized placement agency will be carried out based on a service agreement.

This agreement must include the firm job offer, which will form the basis of the recruitment procedure and the conditions communicated to the foreign worker.

For this reason, the firm offer must be prepared carefully.

Information regarding:

• occupation;
• salary;
• duration of employment;
• working schedule;
• accommodation;
• transport;
• working conditions;

must be clear, real, and compliant with what the employer can effectively provide.

The Tripartite Placement Agreement

An important novelty is the placement agreement, concluded between the foreign worker placement agency, the employer, and the foreign worker.

The agreement is concluded in written form, in Romanian and in a language understood by the foreign worker.

It must include:

• the essential elements of the firm offer;
• official fees borne by the worker (e.g. flight ticket, visa fee);
• contact details of the authorities where violations of their rights may be reported;
• elements regarding the processing of personal data.

The role of the agreement is to confirm, in writing, the conditions communicated to the worker before arriving in Romania:

• position;
• salary;
• schedule;
• accommodation;
• transport;
• costs;
• responsibilities of the parties.

Direct Recruitment of Foreign Workers by Authorized Employers

The alternative to recruitment through an authorized placement agency is direct recruitment by the employer. However, this option is possible only if the employer obtains the status of authorized employer.

Therefore, an employer who does not wish to collaborate with an authorized agency must go through its own authorization procedure and meet the requirements provided by O.U.G. no. 32/2026. In this case, the employer directly assumes the entire recruitment, information, documentation, application uploading, and compliance process regarding obligations toward foreign workers.

This option is not intended for every employer. Direct recruitment is intended for companies with stable activity, previous experience in employing foreign workers, and the administrative capacity to manage the procedure without the support of an authorized placement agency.

To obtain the status of authorized employer, the company must meet several cumulative conditions.

Among the most important for employers are:

• being a legal entity;
• carrying out uninterrupted economic activity for at least 24 months before submitting the application;
• the activity carried out must be compatible with the occupation from the Shortage Occupations List for which the employment of foreign workers is requested;
• having had, in the year preceding the application, an average number of at least 50 employees;
• having previously employed foreign workers;
• not exceeding the 20% threshold regarding previously employed foreign workers who are in problematic situations;
• having no outstanding obligations to the consolidated general budget and not appearing with offenses recorded in the fiscal record;
• not having been sanctioned for relevant violations regarding labor relations, occupational health and safety, undeclared work, or the foreigner regime;
• no relevant convictions, national security risks, money laundering, or terrorism financing risks;
• establishing a financial guarantee of EUR 1,000 for each foreign worker for whom authorization is requested.

Considering the purpose of O.U.G. no. 32/2026, namely the creation of a more controlled, transparent, and verifiable recruitment process, direct recruitment is permitted only for employers meeting stricter conditions and obtaining their own authorization.

For employers who do not go through this procedure, collaboration with an authorized placement agency represents the option through which recruitment is carried out with the support of an entity having its own legal obligations within the recruitment and placement process.

In all cases, the actual working conditions must correspond to those communicated to the foreign worker.

The Firm Offer in the Recruitment Process of Foreign Workers

The firm offer becomes one of the most important documents in the procedure.

It should no longer be viewed as a simple job description.

The firm offer must contain the concrete conditions of future employment, including:

• occupation;
• job requirements;
• duration of employment;
• salary;
• working schedule;
• working conditions;
• accommodation and transport, if provided.

When the employer works with an authorized agency, the firm offer must be included in the service agreement between the employer and the agency.

Subsequently, the essential elements of the firm offer must also be reflected in the placement agreement concluded with the foreign worker, as well as in the individual employment contract.

This consistency is essential: what is communicated to the worker before arriving in Romania must correspond to the signed documents and the actual working conditions offered after arrival.

What Employers Should Verify Before Recruiting Foreign Workers

Before initiating a foreign worker recruitment procedure, employers should verify:

1. whether the occupation for which they need staff is included in the Shortage Occupations List, where this condition applies;
2. whether the procedure will be carried out through an authorized agency or through direct recruitment;
3. whether the agency they collaborate with is authorized according to the law;
4. whether the firm offer is complete and accurate;
5. whether the documents signed with the worker comply with the firm offer.

These checks are important not only for initiating the procedure, but also for avoiding later blockages, delays, or refusals.

What Risks Employers Face if They Do Not Comply with the New Recruitment Rules

A procedure initiated without the necessary checks can create significant problems for employers.

Depending on the situation, the following may occur:

• delays;
• rejected documents;
• refusals in the employment process;
• impossibility to continue recruitment;
• sanctions;
• loss of the right to use certain mechanisms of the new system.

For employers, the main risk is initiating recruitment without prior verification of the legal conditions:

• the occupation is not eligible;
• the agency is not authorized;
• the firm offer is incomplete;
• the conditions promised to the worker cannot be respected in practice.

Therefore, collaboration with an authorized placement agency becomes important not only for identifying candidates, but also for properly organizing the procedure, preparing documents, and avoiding later blockages.

What Employers Should Keep in Mind

O.U.G. no. 32/2026 significantly changes the way the recruitment of foreign workers will be organized in Romania.

The new regulation focuses on: authorization, traceability, information, and control.

In practice, the effect of the new ordinance will be a stricter filtering of the market.

Direct recruitment will remain accessible mainly to employers who already have experience, stability, and the capacity to assume obligations toward foreign workers.

For other employers, the procedure will be carried out through authorized placement agencies, which will no longer be able to operate as simple CV intermediaries, but will have to conduct a documented, verifiable, and responsible recruitment process.

Recruitment of foreign workers will remain about “identifying the right people for the right place”, but within a framework where the seriousness of the employer, the quality of the agency, and the accuracy of the documents will matter much more than before.