Changing Employers for Foreign Workers in Romania in 2026

Can a foreign worker change employers in Romania in 2026?

A foreign worker who is already working in Romania may find themselves in a situation where they want to continue their activity with another company.

For the new employer, the fact that the person is already in Romania does not automatically mean that they can immediately start working based on their existing documents.

Changing employers must be assessed based on the worker’s legal status, the documents they hold, and the legal procedure applicable at the time of the new employment.

One of the frequent questions companies ask is:

Can a foreign worker who is currently working or has previously worked for another company in Romania be hired?

Under certain conditions, yes. However, the new employer must verify the worker’s situation before they begin working and follow the procedure applicable to changing employers.

Below, we explain what must be checked and why the worker’s existing documents should not automatically be considered sufficient for a new employment relationship.

What does changing employers mean for a foreign worker?

Changing employers means that a foreign worker moves from the company for which they were initially employed to another company in Romania.

In this situation, the following must be assessed:

• the previous employment relationship;
• the current right of residence;
• documents regarding the right to work;
• the category under which the worker falls;
• the position for which they will be employed;
• the conditions applicable to the new employer;
• the legal procedure applicable to the new employment.

Documents issued in relation to the former employer should not automatically be considered transferable to the new company.

Each change of employer must be assessed according to the specific situation of the individual.

For information about the general process, see our foreign worker recruitment page.

Can a foreign worker who is already in Romania be hired?

The mere presence of a person on Romanian territory is not sufficient to determine whether they can immediately start working for another company.

The new employer must verify:

• the legal basis for the person’s stay in Romania;
• what type of residence document they hold;
• whether the document is valid;
• under what conditions they have the right to work;
• whether the previous employment relationship is still active;
• whether it has ended and under what circumstances;
• what procedure must be followed before the new employment begins.

The termination of the contract with the former employer does not automatically mean that the person can immediately start working for another company.

The legal situation must be verified before establishing the effective start date of the activity.

Is a new employment permit required when the worker changes employers?

The procedure depends on the worker’s legal status and the legal framework applicable at the time of the request.

Under the regulations applicable to procedures initiated before the new amendments introduced in 2026, Government Ordinance no. 25/2014 provided specific rules for taking up a new job with the same employer or with another employer.

The General Inspectorate for Immigration has also handled applications concerning changes of employer or position separately, confirming the existence of a specific procedure for such situations.

Depending on the specific circumstances, the new employer must verify:

• which procedure is applicable;
• which documents must be submitted;
• whether documents concerning the previous employment relationship are required;
• whether the worker meets the conditions for the new position;
• whether the residence status allows the procedure to continue.

Updated information regarding procedures and required documents should be checked on the website of the General Inspectorate for Immigration.

What does it mean in practice when a worker is “free of contract”?

The expression “free of contract” is frequently used in practice, but it does not fully describe the legal status of a foreign worker.

The fact that the previous employment relationship has ended must be considered together with the residence documents and the procedure required for the new employment.

The company must verify whether:

• the previous employment relationship has actually ended;
• the termination has been registered;
• the residence documents are still valid;
• the person meets the conditions for changing employers;
• the new employer can follow the procedure required for employment.

The termination of a contract and the right to immediately start working for another company are two different matters.

Therefore, the new employer should not rely exclusively on the candidate’s statement that they are “free of contract.”

If you want to understand what happens when the employment relationship does not continue, see also our article on what happens when a foreign worker leaves or is unable to meet the job requirements.

Can the foreign worker be hired for any position?

The fact that a person has already worked in Romania does not mean that they can automatically occupy any position available in another company.

Before the new employment, it must be verified whether the worker meets the requirements of the position and the conditions provided by the applicable legislation.

The company must clearly establish:

• the position for which it is recruiting;
• the corresponding occupation;
• the actual responsibilities of the position;
• the required qualification level;
• the necessary experience;
• any professional authorisations that may be required;
• the salary;
• the working schedule;
• the place where the activity will be carried out.

This information must correspond to the documents used in the procedure and to the actual working conditions.

For more information about the employment relationship, see our article on the employment contract for foreign workers in 2026.

What documents must be checked before employment?

The required documents vary depending on the worker’s category, individual situation, and the applicable procedure.

Before starting the process, the new employer must verify the documents relevant to the specific situation.

These may include:

• the passport or travel document;
• the document confirming the right of residence;
• its validity period;
• existing documents regarding the right to work;
• information concerning the previous contract;
• documents regarding the termination of the previous employment relationship;
• documents regarding professional qualifications, where required;
• other documents required by the applicable procedure.

The documents must be verified before the person effectively begins working.

A verbal confirmation from the candidate alone is not sufficient. The actual legal situation and the validity of the documents required for the new employment must be assessed.

What changes in August 2026?

In 2026, the legal framework governing foreign nationals’ access to the Romanian labour market was amended through Emergency Ordinance no. 32/2026.

The transitional rules are also important when changing employers.

According to Article 50 of Emergency Ordinance no. 32/2026, applications for employment permits concerning a change of employer, submitted to the General Inspectorate for Immigration by 7 August 2026, are processed under the previous legal framework, subject to the conditions established by the legislative act.

Starting from 8 August 2026, Article 51 of Emergency Ordinance no. 32/2026 provides that foreign nationals who previously obtained a temporary right of residence for employment purposes may change employers under the conditions set out in Article 56 paragraphs (9)-(12) of Emergency Ordinance no. 194/2002 on the regime of foreign nationals in Romania.

This distinction is important because the applicable procedure may depend on the moment when the change of employer is initiated.

Before starting a procedure, the following must be verified:

• when the application was initiated;
• under which legal framework the existing documents were issued;
• which transitional provisions apply;
• which procedure is available on the date of the request;
• which documents must be prepared;
• which conditions must be met by the new employer.

In August 2026, the date on which the procedure is initiated may influence the legal framework applicable to the change of employer.

Therefore, the information must be checked against the worker’s specific situation and the legislation in force at the time of the request.

Is it faster to hire a foreign worker who is already in Romania?

A company may assume that hiring a person who is already in Romania will automatically be faster than recruiting a candidate who is abroad.

In certain situations, the process may be simpler, but this should not be assumed before the documents are checked.

The duration may depend on:

• the status of the existing documents;
• how the previous employment relationship ended;
• the procedure applicable to the new employer;
• the documents that must be obtained;
• administrative processing times;
• the category under which the worker falls.

The physical presence of the worker in Romania does not automatically eliminate the procedures required for the new employment.

The start date of the activity should be established after verifying the legal situation and the steps that must be completed.

What is the agency’s role in changing employers?

When the process is managed with the support of an agency, the agency can help the company clarify the candidate’s situation and identify the applicable procedure.

Depending on the legal framework and the services assumed, the support may include:

• verifying the information provided by the candidate;
• identifying the existing documents;
• clarifying the status of the previous employment relationship;
• determining the documents required for the procedure;
• facilitating communication between the candidate and the company;
• preparing the documentation;
• monitoring the administrative stages;
• supporting the integration process after employment.

The responsibilities of the agency and the company must be clearly established before the procedure begins.

For a clear distinction between these responsibilities, see our article on the role of the agency and the employer’s obligations towards foreign workers.

What should the employer check before changing employers?

Before hiring a foreign worker who is already in Romania, the company must verify:

• the person’s identity;
• the travel document;
• the type and validity of the right of residence;
• the status of the previous employment relationship;
• how and when it ended;
• the existing documents regarding the right to work;
• the procedure applicable to the change of employer;
• the position for which the new employment is made;
• the required qualifications or authorisations;
• the documents required for the new procedure;
• the realistic timeframe until the activity can begin;
• the obligations that apply to the company after employment.

These checks must be carried out before the person effectively begins working.

The specific procedure may vary depending on the worker’s category, the existing documents, the date of the request, and the applicable legal framework.

What employers should remember

A foreign worker who is already in Romania may, under certain conditions, change employers.

However, the fact that the person is already in the country and holds previously issued documents does not mean that the new company can automatically employ them based on those documents.

Before the activity begins, the following must be assessed:

• the person’s legal status;
• the right of residence;
• the status of the previous employment relationship;
• the conditions for changing employers;
• the applicable procedure;
• the position for which the employment is made;
• the required documents;
• the administrative timeframe.

In August 2026, particular attention must also be paid to the transitional provisions introduced through Emergency Ordinance no. 32/2026, including the distinction between applications submitted by 7 August and the rules applicable starting from 8 August 2026.

A verification carried out before employment allows the company to determine the applicable procedure, the required documents, and the moment when the person can legally begin working.