WorkinRomania D/AM2 Suspension 2026: What the Court Ruling on the Shortage Occupations List Means for Employers

Barely five weeks after WorkinRomania.gov.ro went fully live, Romania's new digital route for hiring non-EU workers has hit a legal wall. On 15 September 2026, the Ministry of Labour confirmed that the platform's flows for employer registration, employer authorisation and the single application for D/AM2 long-stay work visas had been deactivated following a decision of the Bucharest Court of Appeal.

The trigger was not the platform itself but the list that sits behind it. The court suspended Ministry of Labour Order No. 1073/2026, which approved the List of Occupations with a Labour Shortage required under Government Emergency Ordinance No. 32/2026. Without that list, the authorities say they cannot run the checks needed to approve D/AM2 applications. For employers in construction, agriculture, manufacturing, logistics and HoReCa, the practical result is that new permanent and seasonal non-EU hiring is on hold until the dispute is resolved.

What the Court Decided

The case (file no. 5633/2/2026) was brought by the Employers' Association for Labour Importers (Patronatul Importatorilor de Forță de Muncă, PIFM) against the Ministry of Labour. At its 10 September 2026 hearing, the Bucharest Court of Appeal granted the request to suspend the enforcement of Order 1073/2026 until the court rules on the merits of the case.

Order 1073/2026 approved a list of 289 occupations. Under GEO 32/2026, permanent D/AM2 workers may only be hired for occupations on that list, and foreign placement agencies may only place workers in listed occupations. The PIFM argued the order introduced a restrictive selection of professions without a proper basis. The suspension is a provisional measure, not a final ruling that the order is unlawful, and it can be challenged on appeal.

What Has Been Switched Off on WorkinRomania

According to the Ministry of Labour's statement of 15 September 2026, employers currently cannot:

• Complete registration as an employer of foreign nationals on the platform
• Complete authorisation as an authorised employer for direct D/AM2 hiring
• Submit single applications for D/AM2 long-stay work visas (permanent, seasonal and cross-border workers)

The Ministry has asked the Ministry of Internal Affairs, which runs the platform technically, to limit the restrictions to the operations directly affected by the court decision. It has also asked for applications already submitted to be identified so that a lawful way of processing them can be found, depending on the stage each file has reached. The Ministry has said it will appeal once the court formally communicates its decision.

Two Competing Readings of the Ruling

The dispute is now as much about interpretation as it is about the list. The Ministry's position is that without an enforceable shortage list, the D/AM2 checks required by GEO 32/2026 cannot be completed, so filings cannot proceed.

The PIFM takes the opposite view. In its public statements it argues that suspending a secondary order removes a restrictive barrier rather than blocking the whole legal framework. On its reading, GEO 32/2026 remains fully in force, and recruitment should fall back on the general regime, open to any occupation in the Romanian Classification of Occupations (COR) and supported by a standard ANOFM labour market test. The association has formally asked the Ministry of Labour and the General Inspectorate for Immigration (IGI) to reconfigure and reopen the platform, and has warned it will use all available legal remedies if the block continues.

Until the authorities act on one of these positions, or a higher court rules, employers should work on the assumption that D/AM2 filings will not be accepted.

Who Is Affected, and Who Is Not

The suspension targets the D/AM2 route. That covers:

• Permanent non-EU workers hired directly by authorised employers
• Permanent workers placed through ANOFM-authorised foreign placement agencies
• Seasonal workers in agriculture, tourism and HoReCa
• Cross-border workers

The D/AM1 route for highly skilled workers and special categories (researchers, teachers, professional athletes and others) is outside the shortage list and the annual quota, so in principle it should not be affected. However, D/AM1 filings require the employer to be registered on WorkinRomania, and the registration flow is currently one of the disabled functions. Employers who registered before the switch-off are better placed than those who had not yet started.

Industry groups have also flagged knock-on effects for foreign nationals already in Romania, because WorkinRomania handles change-of-employer requests and contract terminations. Employers with pending internal moves should confirm the status of each file before assuming it can proceed.

Practical Steps for Employers Now

While the appeal runs, HR and global mobility teams can reduce disruption with a few focused actions:

• Audit every open file. Record exactly which stage each candidate has reached (registration, authorisation, single application submitted, visa appointment booked) and keep copies of all platform confirmations.
• Separate D/AM1 from D/AM2 candidates. Where a role genuinely meets the highly skilled criteria, check whether the D/AM1 route is available and whether your registration is already complete.
• Re-plan start dates. Seasonal and project-based roles with Q4 2026 or early 2027 start dates are most exposed. Build in contingency time and speak to clients about contractual penalty clauses now.
• Keep compliance documents current. Tax clearance certificates, company registry extracts and financial guarantee arrangements (EUR 1,000 per permanent D/AM2 worker for authorised employers) have validity periods. Keep them ready so you can file as soon as flows reopen.
• Watch the Official Gazette and the platform notice. A new or amended shortage list order, an appeal ruling or new ministry guidance could restart filings at short notice.
• Do not look for workarounds. Short-stay visas or informal arrangements do not authorise work, and employing a non-EU national without the correct right to work exposes the company to fines and sanctions under Romanian law.

How Nestlers Group Supports Employers Through the Suspension

Nestlers Group's Work Permit and Visa Support team is tracking the WorkinRomania suspension, the Ministry of Labour's appeal and any revised shortage list day by day. For clients with open cases, the team maps every pending D/AM1 and D/AM2 file to its current platform status, flags which candidates may qualify under the D/AM1 route, and prepares complete document packs so applications can be filed as soon as the relevant flows are reactivated.

For companies without a Romanian entity, or those that cannot meet authorised employer thresholds, our Employer of Record (EOR) Romania service can act as the legal employer once hiring reopens. Our Payroll and HR Compliance team keeps bilingual employment contracts, ITM registrations and statutory filings in order, and our Global Mobility and Relocation specialists help employers reschedule arrivals, housing and onboarding for affected workers and their families.

Sources: Ministry of Labour, Family, Youth and Social Solidarity, public statement on the deactivation of WorkinRomania flows (15 September 2026, via Agerpres); Bucharest Court of Appeal, file no. 5633/2/2026, suspension of Order MMFTSS No. 1073/2026 (September 2026); Government Emergency Ordinance No. 32/2026, Official Gazette No. 335, 27 April 2026; KPMG Romania, Tax Newsflash on GEO 32/2026 (28 April 2026); CursDeGuvernare.ro, "Importatorii de forţă de muncă cer redeschiderea platformei WorkinRomania" (17 September 2026); Economica.net / Agerpres, PIFM and Ministry of Labour statements (15–16 September 2026); Financiarul.ro, "Angajatorii nu mai pot depune cereri pentru vizele de muncă D/AM2 în WorkinRomania" (15 September 2026).