GEO 32/2026 Explained: Every Employer Obligation, Financial Guarantee, and Penalty Under Romania's New Foreign Worker Law

Government Emergency Ordinance No. 32/2026 on the access of foreign nationals to the Romanian labour market, published in Official Gazette No. 335 on 27 April 2026, is the most significant legislative change to Romania's foreign worker framework in more than a decade. It replaces a fragmented set of procedures with a unified digital system, introduces financial guarantees that carry real enforcement teeth, and makes a range of obligations explicit that were previously left to administrative practice.

This article covers every employer-facing obligation, guarantee, and penalty under GEO 32/2026 in the order an employer encounters them — from the moment they decide to hire a foreign worker through to the ongoing compliance obligations after the worker is in Romania.

The Two-Tier Employer System: Registered vs Authorised

The Ordinance creates two distinct categories of employer, each with different obligations and rights.

A registered employer is any company that has completed registration on the WorkinRomania.gov.ro platform and meets the conditions under Article 5 of the Ordinance. Registered employers can directly hire foreign workers through an authorised placement agency and are the base category that all employers must reach before any application can be opened.

An authorised employer is a registered employer that has obtained additional authorisation from the National Agency for Employment (ANOFM) to hire foreign nationals directly, without the intermediation of a placement agency. Authorised employer status is required for the D/AM2 quota-based route and carries significantly heavier obligations — including the financial guarantee under Article 13 — but also enables the employer to manage the hiring process independently rather than through a licensed intermediary.

Understanding which category applies to your company before beginning the process determines every downstream step. Most first-time hirers start as registered employers working through an authorised agency. Companies with the workforce size and activity history to qualify — and the volume to justify the additional obligations — may seek authorised employer status.

Registration Conditions: What Disqualifies You

Article 5 sets out the conditions that must be met to register on WorkinRomania. These are not just administrative formalities — each condition is verified, and failure on any one of them blocks registration entirely.

The conditions include:

• No outstanding obligations to the general consolidated budget (no unpaid taxes, social contributions, or other state fiscal liabilities)
• At least one year of economic activity in Romania in sectors compatible with the shortage occupations list — companies established within the past 12 months cannot register
• No sanctions in the preceding 12 months for offences involving illegal employment of foreign nationals or undeclared work
• No convictions of the legal representatives, administrators, shareholders, or associates for human trafficking, tax evasion, or related offences
• Transparent beneficial ownership structure, verified through the company's entries in the beneficial ownership register

Article 8 additionally provides that registration can be suspended — and new applications blocked — where more than 20 percent of the foreign nationals employed by the company over a consecutive six-month period lose their valid right of residence in Romania. This threshold operates as an ongoing compliance trigger: an employer who lets worker files become irregular at scale will lose the ability to open new applications until the proportion drops below 20 percent and a remediation period passes.

The Firm Job Offer: 14 Mandatory Elements

Article 6 of GEO 32/2026 defines the mandatory content of the firm job offer (oferta ferma de angajare), which is the document that initiates the hiring process and must be consistent across every contract signed downstream.

The firm job offer must state, without exception:

• The duration of the offer
• The number of positions available
• The position, occupation, or trade, with the COR occupation code
• The required level of qualification and experience
• The duration of the individual employment contract
• The conditions for termination or re-employment
• Working time schedule and periodic rest periods
• Overtime compensation arrangements
• Gross remuneration, net remuneration, hourly rate, and the payment method and dates
• Any bonuses, allowances, or performance-related payments
• Annual leave entitlement
• Working conditions and any specific hazards associated with the role
• Occupational health and safety arrangements
• Applicable taxes and social contributions
• Compensation arrangements in the event of occupational illness, workplace accident, or death

Article 6(2) adds a mandatory disclosure: the offer must state unequivocally whether the costs of accommodation, meals, transport from the country of origin, internal transport within Romania, and repatriation are borne by the employer or by the foreign worker. Ambiguity on these points in the job offer is treated as a deficiency in the file and generates a supplementary request.

The detailed content requirements matter because the individual employment contract must mirror the firm job offer under Article 7(1)(c). A contract that diverges from the offer — even slightly on salary, hours, or role title — creates a mismatch that ITM and IGI are now equipped to detect through the platform.

The Bilingual Contract Requirement

Article 7(1)(b) requires the individual employment contract to be concluded both in Romanian and in a language the foreign national understands. This obligation applies to all foreign workers, not just those hired through placement agencies.

Ministry of Labour Order No. 655/2026 introduced standard bilateral contract templates for use with non-EU workers. The templates are structured to include all the firm job offer elements required by Article 6 and must be used for ITM registration. Preparing a non-standard contract structure and then adapting it for ITM registration creates inconsistency risk; the template approach ensures alignment from the outset.

The contract must be signed before ITM registration. ITM registration must happen before the worker's first day. Registration with ANAF (for the NIF — the interim tax identifier before the CNP is issued) must also be completed before payroll commences. These are sequential steps with hard compliance implications at each stage.

The Financial Guarantee: Amount, Method, and Enforcement

The financial guarantee is the most operationally significant new obligation for authorised employers under GEO 32/2026.

How Much

Article 13 fixes the guarantee at the equivalent of EUR 1,000 for each foreign national for whom authorisation is requested. An employer seeking to bring 20 foreign workers must deposit EUR 20,000 (converted to RON at the National Bank of Romania exchange rate on the date of submission) before the authorisation is issued. The guarantee must be in place before ANOFM approves the application — it is a prerequisite, not a post-authorisation requirement.

How to Deposit

The Ordinance provides two acceptable forms:

• A cash deposit in RON, held in a separate account opened at the State Treasury unit of the competent tax authority for the employer's fiscal domicile
• A bank guarantee letter issued by a banking institution in Romania, valid for the full period of the authorisation and any subsequent period during which obligations under the Ordinance continue

The deposit method chosen must be confirmed to ANOFM before authorisation is issued. Bank guarantee letters must be from a recognised Romanian banking institution and must specify the guarantee amount, the beneficiary (ANOFM), and the coverage period.

The EUR 2,000 Enforcement Gap

A critical detail that many employers miss: Article 14 provides that when ANOFM enforces the guarantee, it enforces a lump sum of EUR 2,000 per person — not EUR 1,000. The EUR 1,000 figure is the deposit calculation basis; the enforcement figure is double that amount, per worker subject to a removal order notified by IGI.

Enforcement is triggered when IGI notifies ANOFM of a removal order for one of the employer's foreign nationals. ANOFM then has 15 days from receipt of that notification to enforce the guarantee up to the EUR 2,000-per-person amount. If the guarantee balance is insufficient to cover the enforcement — because multiple workers are subject to removal simultaneously — the shortfall becomes a tax debt recovered through enforcement proceedings by the competent tax authority.

This means an employer who deposits the minimum EUR 1,000 per worker and then has removal orders issued for multiple workers faces enforcement claims that can exceed the deposited amount by 100 percent per affected worker. Maintaining the guarantee at EUR 2,000 per active non-EU worker, rather than the minimum EUR 1,000, provides a meaningful buffer.

Replenishment Obligation

Article 13(4) requires the employer to replenish the guarantee within 30 days of any enforcement draw. Failure to replenish within this window is grounds for suspension of the employer's registration on WorkinRomania, blocking all pending and new applications until the guarantee is restored.

The Ongoing Obligations Employers Most Often Miss

Articles 7 and 18 set out the operational obligations that apply throughout the employment relationship. These are often less discussed than the initial registration and guarantee requirements, but they are where compliance failures most frequently occur.

The 5-Day Absence Notification Rule

Article 7(1)(f) requires the employer to notify both the placement agency and the General Inspectorate for Immigration (IGI) within five working days if a foreign worker is unjustifiably absent from work for more than three consecutive working days. The notification must be made regardless of whether the employer has already initiated a disciplinary procedure or termination process.

This rule has two compliance dimensions. The first is purely administrative: the notification must be documented and submitted to IGI through the correct channel within the five-day window after the three-day threshold is crossed. The second is consequential: IGI uses these notifications to track workers who have abandoned their employment relationship but remain in Romania, which may affect the worker's residence status. An employer who fails to notify and the worker subsequently accrues unlawful stay time is exposed both to fines under Article 42 and to the 20 percent unlawful stay threshold risk under Article 8.

The same notification obligation applies to the termination of the individual employment contract for any reason and to any situation where the employer becomes aware that the foreign worker is being exploited or is in a dangerous situation.

Romanian Language Course Requirement

Article 7(1)(h) requires employers to provide Romanian language courses and elements of cultural and social integration for a minimum period of six months, at a minimum of six hours per week. This obligation applies to all foreign nationals employed through the Ordinance framework, not only those in lower-skilled roles.

The practical implications for employers: the cost and logistics of providing the language course must be built into the employment model. The requirement is to provide — not merely to offer — the course, meaning passive availability of a language tool does not satisfy it. Employers with multiple foreign workers may organise group sessions; employers with single hires may need to arrange individual tuition or a recognised language programme.

Occupational Health and Safety Training in the Worker's Language

Article 7(1)(g) requires that occupational health and safety training be provided in a language accessible to the foreign worker. This is a distinct obligation from the Romanian language course: OHS training must be in the worker's own language from day one, not deferred until the worker has sufficient Romanian.

For employers in construction, manufacturing, logistics, and other sectors with significant OHS training requirements, this means maintaining translated training materials for the languages represented in the workforce. Failure to comply is an administrative offence under Article 42.

Transport from the Border to the Workplace

Article 18(c) requires the authorised employer to organise transport from the worker's point of entry into Romania to the workplace or accommodation. This obligation begins at the border — not at the nearest transport hub or city — and applies to each entry by a worker who holds a single permit issued through the employer's authorisation.

Salary Payment by Bank Transfer

Article 7(1)(a) requires that remuneration be paid into the foreign worker's bank account. Cash payment of salary to foreign nationals employed under GEO 32/2026 is not permitted. This requires ensuring that the worker has opened a Romanian bank account — which in turn requires that the NIF or CNP is already available for account opening purposes — before the first payment date.

When Foreign Workers Can Change Employer

Article 40(4) of GEO 32/2026 introduces a restriction on employer changes. Foreign workers hired through the framework may not initiate a change of employer during the first six months of the employment relationship, except where there is a justified case of serious breach of contractual obligations by the employer.

After the six-month period, a change of employer is permitted through the placement agency, under the conditions set out in the Ordinance. This restriction is relevant for employers who are concerned about worker mobility immediately after the onboarding investment: the Ordinance provides a six-month window during which the worker's ability to move to a competing employer is legally constrained.

The Sanctions Regime: Fines by Violation Type

Article 42 of GEO 32/2026 establishes the administrative offences and corresponding fines. The sanctions range is RON 5,000 to RON 40,000, with different bands applying to different categories of violation.

The key fine bands:

• Failure to comply with contractual documentation requirements (firm job offer content, bilingual contract, mandatory clauses): RON 5,000 to RON 10,000 per contract
• Failure to notify IGI within five working days of a worker's unjustified absence exceeding three days: RON 10,000 to RON 20,000 per notification failure
• Carrying out placement services without an authorisation or through an entity that is not registered or authorised: RON 15,000 to RON 40,000
• Charging commissions, fees, guarantees, or deposits to foreign workers (prohibited for placement agencies): RON 15,000 to RON 40,000, applied per worker
• Employing foreign nationals or providing placement services without registration or authorisation: RON 15,000 to RON 40,000

Article 43 adds a specific sanction for placement agencies that continue operating during a period when their authorisation is suspended: RON 15,000 to RON 20,000 per foreign national placed during the suspension period.

Some fines under Article 42 apply per worker — meaning an employer with 10 foreign workers who commits the same violation across all files can face fines at ten times the stated base amount.

What Happens to Your Registration When Workers Become Irregular

Article 8 provides that registration on WorkinRomania is suspended when more than 20 percent of the foreign nationals employed by the company during a consecutive six-month period no longer hold a valid right of residence. In practice, this means an employer with 10 foreign workers cannot allow more than 2 workers to fall into irregular status simultaneously without triggering a suspension of their platform access.

During a suspension, the employer may not submit new firm offers, and pending single applications are suspended. The suspension continues until the condition is remedied and the employer can demonstrate compliance. The administrative procedure for lifting a suspension takes time and blocks all new hiring activity in the interim.

The operational implication: proactive monitoring of the residency status of every foreign worker in employment is not a compliance nicety. It is a direct business continuity requirement.

Placement Agency Obligations and Prohibitions

For companies using authorised placement agencies rather than hiring directly, the agency carries its own set of obligations under Articles 23 to 39. The most consequential for employers are:

• The agency's own financial guarantee: EUR 75,000 for up to 250 placed workers, increasing by EUR 50,000 for each additional 250 workers
• The prohibition on the agency charging any fees, commissions, or deposits to foreign workers — all placement service costs must be charged to the employer
• The requirement that the agency presents the foreign worker with at least two alternative job offers if the individual employment contract is terminated during the relevant period
• The obligation to inform the worker in writing, at least 10 days before arrival in Romania, of the specific conditions of the employment relationship, accommodation, and any costs borne by the worker

Employers working through agencies should verify that their agency is listed on the WorkinRomania platform's Register of Foreign Worker Placement Agencies before beginning any application — an unregistered agency cannot submit compliant applications, and the resulting file will not be processed.

How Nestlers Group Manages GEO 32/2026 Compliance

Nestlers Group's Work Permit and Visa Support team advises employers on the full GEO 32/2026 compliance framework — from confirming employer eligibility and route selection through to financial guarantee structuring, firm job offer preparation, and ongoing notification obligations after the worker arrives. Our Immigration Advisory team manages the platform registration and authorisation process, and our Payroll and HR Compliance team handles the post-arrival steps, including the bilingual contract registration at ITM, NIF and CNP coordination with ANAF, and the language course and OHS training documentation requirements.

For employers approaching their first non-EU hire under the new framework, we begin with a compliance readiness assessment before any platform steps are taken — confirming that the company meets the Article 5 registration conditions, advising on the financial guarantee structure appropriate to the intended hire volume, and identifying any documentation preparation that must happen before WorkinRomania is opened.

Sources: Government Emergency Ordinance No. 32/2026, Official Gazette No. 335, 27 April 2026 — Articles 2, 4, 5, 6, 7, 8, 10, 12, 13, 14, 15, 17, 18, 19, 20, 23, 24, 25, 26, 38, 39, 40, 41, 42, 43; Ministry of Labour Order No. 655/2026 on standard employment contract templates for non-EU workers; WorkinRomania.gov.ro platform documentation; IGI General Inspectorate for Immigration — employment and posting procedures; ANOFM National Agency for Employment — employer authorisation and financial guarantee requirements; Government Emergency Ordinance No. 194/2002 on the regime of foreigners in Romania, as amended by GEO 32/2026