Placement agency risks: blocked guarantee, suspension, licence withdrawal (Emergency Ordinance 32/2026)

On 18 September 2026, the Register of Foreign Worker Placement Agencies (R.A.P.S.) listed 19 licensed agencies in Romania — 10 based in Bucharest, 2 in Bihor, and one each in Dolj, Hunedoara, Ilfov, Prahova, Suceava, Tulcea and Vâlcea. Every one of them operates under a strict sanctions regime introduced by Emergency Ordinance 32/2026: a minimum financial guarantee of €75,000, performance thresholds monitored ex officio by ANOFM, the Labour Inspectorate and the Immigration Inspectorate (IGI), and four levels of sanction — suspension, withdrawal, termination, cancellation. Below is exactly what triggers each one, what happens to the guarantee, and how to appeal.

The financial guarantee: what the law actually requires (art. 25-27)

• €75,000 for the first 250 placed foreign workers, +€50,000 for each additional batch of 250 (art. 25 para. 2-3).
• Accepted forms: cash deposited with the State Treasury or a bank guarantee letter issued by a bank in Romania, in favour of the competent tax authority, converted to lei at the National Bank's exchange rate on the day of deposit/issuance.
• A detail often missed in the file: art. 27 para. (2) explicitly requires the account statement showing the deposit was made, issued by the State Treasury, or the bank guarantee letter — not a simple transfer confirmation.
• Enforcing the guarantee (art. 26): if a placed foreign worker is removed, ANOFM asks ANAF (the tax authority) to recover a flat fee of €2,000 per person; the debt instrument is issued within 15 days, communicated through the platform within 5 days, and becomes enforceable at maturity. It can be challenged under Law 554/2004, but without automatic suspension of enforcement. ANAF can also enforce the guarantee for unpaid administrative fines. The guarantee must be replenished within 30 days of enforcement — otherwise, automatic suspension follows.

Suspension: 45 days, seven possible grounds (art. 30-31)

ANOFM orders a 45-calendar-day suspension if:

a) over 6 consecutive months, the Labour Inspectorate finds that more than 10% of placed foreign workers lack the qualifications, skills or licensing conditions required for the job; b) the employment contract does not contain the elements from the firm job offer (found by the Labour Inspectorate); c) the guarantee was not replenished within the deadline set by art. 26 para. (9); d) the agency failed to notify, through the platform, a change of registered office or the opening/change/closing of a work point; e) the agency no longer meets the no-outstanding-tax-debt condition (art. 24 para. 1 lit. a); f) over the last 6 months, more than 30% of placed foreign workers with a submitted single application received a visa refusal; g) over the last 6 months, more than 30% of single applications were resolved negatively.

The suspension order is communicated within 5 days of the finding; the 45 days run from the platform notification. During suspension, the agency cannot submit new applications (pending ones are automatically suspended), but may continue managing previously placed workers. The guarantee stays blocked — it cannot be withdrawn. Suspension can end early if the agency proves, through the platform, that it has removed the cause. A second suspension for the qualifications ground (letter a) leads directly to withdrawal of the licence (art. 32 letter g). Operating during a suspension period is punishable by a fine of 15,000-20,000 lei per foreign worker (art. 43).

Licence withdrawal (art. 32)

ANOFM withdraws the licence if:

• the agency operated without a licence, charged fees to foreign workers, or contracted with unregistered employers (art. 23 para. 2-6);
• it no longer meets the good-standing conditions in art. 24 (criminal record, convictions, representatives' citizenship, beneficial owners, guarantee, links to agencies whose licence was withdrawn);
• it failed to remove the causes of a suspension (letters b-f) and did not pay the fines within the 45 days;
• more than 20% of foreign workers placed under an employment contract, in any 6 consecutive months, lost their right of residence or their visa;
• placed foreign workers were subject to exploitation (except cases reported by the agency itself) — here the guarantee becomes revenue for the state budget;
• the agency did not terminate, within 5 days, a contract with a non-compliant external partner (art. 38 para. 4);
• it is a second suspension for failing to meet qualification requirements (letter a above), at any point during the agency's operation.

Where withdrawal is for failing the good-standing conditions, pending single applications in the platform are cancelled. For affected foreign workers, changing employer follows art. 56 para. (9)-(12) of Emergency Ordinance 194/2002.

Termination (art. 33)

The licence ends if the main business activity changes, on dissolution, on expiry without a renewal request, on cessation of activity/bankruptcy, or at the agency's own request. Unlike withdrawal, here the guarantee is returned, after any owed amounts are settled and all obligations are fully met.

Cancellation: fraud in the file (art. 34)

A licence obtained through false information or documents, or by illegal means, is cancelled, and the guarantee becomes revenue for the state budget.

Who checks, and when (art. 35)

ANOFM, the Labour Inspectorate, the Immigration Inspectorate (IGI), the Romanian Police and other authorised institutions may check at any time, throughout the licence period, whether the licensing and operating conditions are still met — not only at renewal.

Appeals: deadlines and legal remedies (art. 36)

• Rejection of an application, suspension, termination, withdrawal or cancellation can be challenged before ANOFM, within 30 days of communication; ANOFM must resolve it within 45 days of registration.
• The same measures, plus notice of guarantee enforcement, can go to administrative litigation court (Law 554/2004).
• Rejection of a licence application and withdrawal for loss of good standing (art. 32 para. 1 letter b) are challenged directly before the competent Court of Appeal.
• Important: filing an administrative lawsuit does not suspend enforcement of the measure until a final ruling — a suspension or withdrawal takes effect immediately, even while under appeal.

The 250 cap: what actually counts (art. 37)

The €75,000 guarantee covers a cap of 250 placed foreign workers, but not every worker counts toward it — the exact counting rule is easy to misread, and we covered it separately: Placement agency guarantee: what counts toward the 250 slots and what doesn't.

External partners in the country of origin (art. 38)

A contract with an agency in the worker's home country is only valid if, cumulatively, the partner is licensed/accredited/registered there, its representatives are not involved in threats to national security (certified by IGI, through the platform), have no convictions for the offences listed in art. 24 letter f), and do not charge fees, taxes or guarantees to the foreign workers, except for amounts allowed under the law of the country of origin. The partner's details and supporting documents must be uploaded to the platform within 5 working days of signing the contract. If ANOFM finds non-compliance, the agency must terminate the contract within 5 days — otherwise it loses its licence.

Ongoing obligations while the agency operates (art. 39)

Among the most operationally relevant: service contracts only with employers registered on the platform; work/entry documents ready before the foreign workers arrive; briefing at least 10 days before arrival, in the worker's own language; organising transport from entry into Romania to the workplace/accommodation; immediate notification to IGI if a foreign worker fails to show up at pickup; immediate reporting of any suspicion of human trafficking. For 2 years from the start of activity, monitored through REGES-ONLINE: reporting to ANOFM/IGI/the Labour Inspectorate within max. 3 working days of finding that the employer or the foreign worker no longer meets residence/work conditions; at the end of the employment contract, at least 2 job offers from the List of shortage occupations, with any refusal recorded in writing; covering the cost of the worker's return home if other steps fail; notifying ANOFM within 5 days of unjustified absence lasting more than 3 consecutive working days.

Risk summary table

The market today: 19 licensed agencies, concentrated in three areas

As of 18 September 2026, the geographic spread of the 19 licensed agencies shows a strong concentration around the capital: 10 in Bucharest, 2 in Bihor, 1 each in Dolj, Hunedoara, Ilfov, Prahova, Suceava, plus one with a dual Tulcea/Bucharest presence and one with a dual Vâlcea/Bucharest presence.

A transparency gap worth knowing about

The public R.A.P.S. register lists licensed agencies but does not show current status — an agency suspended under art. 30, even though it is legally barred from operating (art. 31), still appears as "licensed". An employer who only checks the public list cannot tell, from a simple search, an active agency from one currently under suspension.