Permanent Worker and Highly Skilled Worker

In the realm of employment, there exist various categories of workers, each with its distinct requirements and benefits. In Romania, two common classifications are permanent workers and highly skilled workers. These categories are defined by specific criteria related to employment contracts, salaries, documentation, and the right to temporary residence for work purposes. This article aims to shed light on the differences between these two categories of workers in Romania.

Permanent worker

This type of worker is typically characterized by the following criteria:

Employment contract: Permanent employees are hired through full-time employment contracts, which can be either for a specific duration or an unlimited period of time. These agreements ensure that the employees are committed to working for the company on a long-term basis.

Minimum salary: According to labor laws in Romania, it is mandated that the worker’s salary must be at least equivalent to the minimum gross basic salary guaranteed for payment. This ensures that workers receive fair compensation as stipulated by the regulations in place.

Employer’s obligations: In order to hire employees in Romania, employers are required to obtain a Certificate from The National Agency for Employment (AJOFM) in their respective territory. This Certificate confirms the availability of a job vacancy. Additionally, employers must prove that they have made an effort to hire individuals who meet certain criteria, such as being Romanian citizens, citizens of other EU member states, Swiss citizens, or foreigners with long-term residence in Romania.

This is typically done by publishing a job announcement through various mass information channels within Romania.

Right to temporary residence: Permanent employees who require temporary residence for work purposes can obtain it for a duration that matches the length of their employment agreement, up to a maximum of one year. This authorization is granted through a residence permit (RC), which serves as official documentation of their entitlement to reside temporarily for employment reasons.

Highly skilled worker

On the other hand, highly skilled workers have a distinct set of criteria:

Employment contract: Workers are offered full-time employment agreements, which typically require a minimum commitment of one year or can be of indefinite duration. These contracts ensure that qualified individuals are given long-term employment opportunities, allowing them to contribute their expertise to the organization for a significant period of time.

Minimum salary: In Romania, it is required that the salary for highly skilled workers be at least two times the medium gross basic salary. This threshold is typically higher than what is set for permanent workers. It ensures that these highly skilled individuals are compensated adequately for their expertise and contribution to the workforce.

Educational qualifications: To qualify as a highly skilled worker, the individual must possess a Certificate of recognition of studies issued by the National Center for the Recognition and Equivalence of Diplomas, which operates under the Ministry of National Education and Scientific Research. Importantly, the professional expertise attested by the study diploma must align with the field of expertise relevant to the job vacancy.

Right to temporary residence: Highly skilled workers are granted temporary residence for the purpose of work for a period of time equal to the validity of the employment agreement plus an additional three months, but this period cannot exceed two years. The document that confirms this right is the EU Blue Card, which is designed to attract highly skilled non-EU workers to the European labor market.

Similarities

Full-time employment: Both permanent workers and highly skilled workers are required to have full-time employment agreements, which means they are expected to work on a regular basis for their employers.

Temporary residence: Both categories of workers are eligible for temporary residence permits for the purpose of work, allowing them to legally reside and work in Romania. These permits are essential for foreign nationals seeking employment in the country.

Employment agreements: Both types of workers can have employment contracts for an indefinite period, providing job security and stability in their roles.

Differences

Salary requirements: The most significant difference between the two categories is the minimum salary requirement. Highly skilled workers are expected to earn at least double the minimum gross basic salary guaranteed for payment in Romania, while permanent workers have a lower salary threshold.

Employer obligations: Employers hiring permanent workers must obtain a Certificate from The National Agency for Employment within their territory and demonstrate efforts to hire citizens from various categories, including Romanian, EU member state citizens, Swiss citizens, or foreigners with long-term residence. In contrast, employers hiring highly skilled workers need to obtain a Certificate of Recognition of studies issued by the National Center for the Recognition and Equivalence of Diplomas, ensuring that the worker’s educational qualifications match the job’s requirements.

Duration of employment contracts: Permanent workers can have employment contracts for a determined period or an indefinite period, which can be shorter than one year. Highly skilled workers, however, are required to have contracts for a minimum of one year or an indefinite period, providing them with greater job security.

Residence permit types: Permanent workers are issued residence permits (RC), whereas highly skilled workers are granted the EU Blue Card, a special permit designed to attract and retain highly skilled non-EU workers in European countries. The EU Blue Card provides certain advantages, such as easier access to other EU member states for work purposes.

In Romania, the distinction between permanent workers and highly skilled workers lies primarily in their salaries, employment contract duration, and the documentation required for their respective employment statuses. Permanent workers generally have a lower salary requirement and can have shorter employment contracts, while highly skilled workers command higher salaries and have longer employment contract periods. Understanding these differences is crucial for both employers and employees, as it impacts their legal status and rights within the Romanian labor market.