In the context of the humanitarian crisis caused by the attack of the Russian Army on Ukrainian territory, thousand of people were forced to leave their homes and cross the border in Romania. Therefore the Romanian Government had to take urgent measures to help these people. Ukrainian citizens.
The Emergency Ordinance no. 20/2022 and Order of Ministry of Labor and Social Solidarity no. 301/ 2022 implement these measures. The new regulations simplify the formalities that had to be taken by the potential employers in hiring the persons coming from the affected areas. Also, the Government offers them the social protection and support of the County Employment Agencies in finding jobs.
Therefore, a Ukrainian citizen coming from the conflict area can register with an ID card, passport, or other identity documents at any County Employment Agency. In this way, they manifest their intention of searching for a job in Romania. The authorities will consider their credentials, studies, professional experiences, and qualifications recorded in a self-declaration. They do not have the documents to prove all the information. The authorities provide the template of this self-declaration as an appendix in both Romanian and Ukrainian languages.
After registration, the Ukrainian citizen could beneficiate free of charge of all the measures specified in Law no. 76/2002, the law regarding unemployment insurance and employment stimulation.
The applicant must submit the same self-declaration to the employer if the Ukrainian citizen finds a job without the support of the County Employment Agency.
Unfortunately, this self-declaration can’t be used in the case of the professions governed by specifical regulations such as medicals professions, architect or others.
According to Emergency Ordinance no.20/2022, the Ukrainian citizens who legally enter the territory of Romania and who do not request a form of protection under Law no. 122/2006 on asylum may be employed without the work permit provided for by EG no. 25/2014 concerning the employment and the posting of foreigners to the territory of Romania. The right of residence for work is granted without the obligation to obtain a long-stay visa for work stipulated in OEG no. 194/2004, republished.
The duration of the employment contract, in these specific conditions, is determined, of the maximum of 12 months, with two maximum extensions of 6 months. The other conditions specified in the Labor Code – Law 53/2003, such as the probationary period for verifying the professional abilities, are also applicable.
Our team of professional is available for any clarifications or additional details required in your analysis. The above information represents just a summary of aspects we consider relevant in the recently published legislation. This is not exhaustive disclosure of information and it is not intended to be used as advice on any particular matter. We invite all readers to contact us for further clarification of any specific issue. Argus Audit team and its associates disclaim liability in any action taken by a third party in reliance exclusively on summarized information presented in our publications.