Employment Exception: Refugee and Subsidiary Protection Status in Romania

Romania's immigration framework includes a distinct exception that facilitates employment for individuals holding refugee or subsidiary protection status. While the broader immigration process in Romania can involve considerable bureaucracy, this exception offers a more direct path to lawful employment for those who have sought protection within the country.

Important terms

A refugee is someone compelled to leave their home country due to legitimate fears of persecution, violence, conflict, or other life-endangering circumstances, and who seeks safety and legal protection in another country.

Subsidiary protection is a form of safeguard granted to individuals who do not qualify as refugees but who face a genuine risk of serious harm if returned to their country of origin, as defined under Article 15 of Directive 2011/95/EU (the Recast Qualification Directive).

The immigration process in Romania

Ordinarily, working in Romania requires a work permit obtained by the employer on behalf of the foreign employee, a process that can be time-consuming. However, individuals with refugee or subsidiary protection status are exempt from this requirement and do not need a work permit to work in Romania.

Residence documentation

Individuals granted this status can obtain a residence card: a three-year card for refugees, and a two-year card for those with subsidiary protection status, even though the underlying international protection itself is granted indefinitely. These cards, together with the decision issued by the Romanian Office for Refugees, serve as official documentation of status.

Legal rights of beneficiaries

Under Law no. 122/2006, Article 20, Paragraph 1, Letter C, individuals with refugee or subsidiary protection status have the right to:

• Be employed by natural persons or legal entities
• Engage in unpaid activities
• Practice liberal professions
• Execute legal acts
• Conduct commercial activities, including independent economic activities, under the same conditions as Romanian citizens

This provision allows beneficiaries to work fully and legally in Romania without a separate work permit, and applies to both the individuals themselves and their employers.

Legal basis for the exception

The legal foundation for this work permit exception is found in Government Ordinance no. 25/2014, Article 3, Paragraph 2, Letter J.

Employer obligations

Government Ordinance no. 25/2014, Article 34, requires employers who hire foreigners under this exception to:

• Notify the General Inspectorate for Immigration within ten days of the employment activity commencing, including a copy of the employment contract and relevant documentation confirming the individual's status
• Inform the General Inspectorate for Immigration within ten days of any changes to, or termination of, an individual employment contract, including the termination of a secondment

Employers who fail to meet these obligations may face fines ranging from 1,500 to 3,000 RON.

Obligations of the foreign employee

Under Article 13 of GEO 194/2002, individuals with this status must inform the Immigration Office of any changes in their employment status, including starting or ending employment, within 30 days. Failure to comply can result in fines ranging from 100 to 500 RON.

Why this matters for employers

Romania's work permit exception for refugees and beneficiaries of subsidiary protection offers real advantages for employers: access to a pool of individuals with diverse skills and, often, multilingual abilities, along with the opportunity to build a more inclusive workforce. Understanding and following the notification obligations that come with this exception allows employers to bring on these employees smoothly and in full compliance with Romanian law.

Sources: Law no. 122/2006, Government Ordinance no. 25/2014, GEO 194/2002