Your rights as a foreign worker in Romania: OUG 32/2026 guide
If you came to work in Romania from a country outside the European Union, OUG no. 32/2026 (Official Gazette no. 335 of 27 April 2026) is the law that sets out your rights at work. This guide explains, point by point, what your employer or placement agency may and may not do, with the exact article of the law — so you can quote the text when defending yourself before the Labour Inspectorate (ITM), the Immigration Inspectorate (IGI) or in court.
The rules below apply to workers covered by art. 27^2 of OUG no. 194/2002, that is, third-country nationals hired for occupations on the Shortage Occupations List. Citizens of the Republic of Moldova, Ukraine and the Republic of Serbia fall under a separate regime (art. 27^1 of OUG no. 194/2002) and the placement-agency restrictions described here do not apply to them.
Before anything else: keep evidence from day one
Without written evidence, a complaint to ITM or IGI is your word against your employer's. From your first day at work:
- photograph every document you sign — the individual employment contract, its annexes, addenda, payslips;
- keep proof of your working hours — timesheets, screenshots of the schedule, WhatsApp or e-mail messages;
- keep your bank statement — it shows what you actually received and when;
- write down the date, time, names and what happened every time something unlawful occurs;
- keep copies outside your work phone — e-mail them to yourself or store them in an account you control.
Your individual employment contract must be drawn up both in Romanian and in your own language, or in an international language you understand (art. 7 para. (1) letter b) of OUG 32/2026). If you are handed a document in Romanian only, you have the right to ask for the version in your language before signing.
What your employer may NOT do
Pay your salary in cash
Payment is made exclusively into a bank account opened in your name (art. 7 para. (1) letter a) of OUG 32/2026). Payment in an envelope is illegal. Romanian banks may open an account for you on the basis of your long-stay work visa, your residence permit or any other document proving your right of residence (art. 7 para. (3)).
Deduct more than 25% of your net salary for rent
If your employer provides accommodation for a fee, the cost of rent may not exceed 25% of your net salary or net remuneration (art. 7 para. (2) of OUG 32/2026, by reference to art. 6 para. (2) letter a)). The accommodation conditions must be stated in the firm job offer, before you come to Romania.
Charge you commissions, fees or guarantees
The placement agency is prohibited from charging placed foreign workers any commissions, tariffs or fees, and from requiring them to provide guarantees or deposits (art. 23 para. (6) of OUG 32/2026). The same ban applies to an authorised employer recruiting directly, without an agency (art. 11 para. (3) and art. 12 para. (8) letter d)).
In plain terms: the sums of 1,000-2,000 euro demanded "for the contract" or "for the permit" are illegal. The fine for an agency goes up to 40,000 lei.
Take your passport or residence permit in original
The law requires the employer to keep a copy of your travel document or residence permit at its premises (art. 7 para. (1) letter i) of OUG 32/2026) — not the original. The originals are your identity documents and stay with you.
The preamble of OUG 32/2026 expressly names the withholding of identity documents among the practices that increase the risk of labour exploitation, alongside making access to accommodation conditional, restricting freedom of movement and imposing artificial debts. If your documents are withheld, report it to the Police and to ANITP — this may be a criminal offence, not merely an administrative one.
Make you do work other than what is in your contract
The employer is obliged to ensure that the work you perform matches the COR occupation code stated in your individual employment contract (art. 134 point 20 of OUG no. 194/2002, introduced by OUG 32/2026). If your contract says welder and you are put on something else, that is an offence punishable by 10,000-20,000 lei.
Your salary: the 2026 figures
Your salary may not be lower than the guaranteed national gross minimum wage. From 1 July 2026 this is 4,325 lei gross (Government Decision no. 146/2026), at an hourly rate of 25.949 lei for a 166.667-hour month.
| Item | Amount (lei) | Explanation |
|---|---|---|
| Gross salary | 4,325 | As stated in the individual employment contract |
| Pension contribution (CAS) | 1,031 | 25% of the calculation base |
| Health contribution (CASS) | 413 | 10% of the calculation base |
| Income tax | 182 | 10%, after the personal deduction |
| Net salary (take-home) | 2,699 | Must be transferred into your own bank account |
| Rent cap for accommodation | 674 maximum | 25% of net — art. 7 para. (2) of OUG 32/2026 |
The figures are calculated for an employee with no dependants, applying the 200 lei tax-exempt amount for the minimum wage. If you have dependants, your net pay is slightly higher.
Check your bank statement, not the payslip. If less arrives in your account than the net stated in your contract, the difference must have a written and lawful explanation. Rent above 25% is not a lawful explanation.
Working hours
- Standard working time: 40 hours per week.
- Maximum, including overtime: 48 hours per week, calculated as an average over a reference period (art. 114 of the Labour Code).
- Overtime is compensated with time off or, where that is not possible, paid with a premium of at least 75% of the base salary (art. 123 of the Labour Code).
Changing employer: 6 months, then 2 years through the agency
This is the most important new restriction and it is frequently explained wrongly. The rules are in art. 40 of OUG 32/2026:
The first 6 months (art. 40 para. (2)). You may not take the initiative to change employer for 6 months from the date your activity started, as recorded in REGES-ONLINE.
The exception (art. 40 para. (3)). You may leave before the 6 months in duly justified cases of serious breach by the employer of the contractual clauses and conditions or of the employment relationship. This is where the evidence discussed above matters: unpaid wages or wages paid in cash, rent above the cap, unrecorded hours, withheld documents.
Up to 2 years (art. 40 para. (4)). After the 6 months — or in a case of serious breach — you may change employer, but only through the placement agency that is a party to the placement contract, until 2 years have passed since your activity began.
If the agency loses its authorisation (art. 40 para. (5)), the restriction falls away: you may change employer under art. 56 para. (9)-(12) of OUG no. 194/2002.
If you leave before the 6 months without justification, the employer may recover the sums invested in your Romanian language courses, accommodation and transport (art. 40 para. (9)).
If you lose your job: what the agency owes you
When your individual employment contract ends, the placement agency has concrete obligations, not merely moral ones:
- to present you with at least two job offers from the Shortage Occupations List, communicated in writing (art. 39 para. (1) letter j) point (ii)); your refusal is recorded, and an unjustified refusal is notified to IGI and ANOFM;
- to make these efforts within the 90-day period during which you have a legal right of residence (art. 40 para. (6) letter a));
- if no new employer is found, to bear the cost of your return to your country of origin (art. 39 para. (1) letter j) point (iii) and art. 40 para. (7)).
If you were hired directly by an authorised employer, without an agency, the obligation to put you in touch with a placement agency and to bear the cost of your return falls on the employer (art. 18 letters h) and i)).
Failure to comply is punishable by 25,000-40,000 lei (art. 42 para. (5) letter b)).
Watch the 90-day deadline — the most common trap
The rule is in art. 56 para. (6) of OUG no. 194/2002, as amended by OUG 32/2026:
If your employment relationship ends before the single permit expires, your right of residence remains valid until the end of the period for which it was granted, but no longer than the period during which you receive unemployment benefit or, if you do not receive it, no more than 90 days from the date the termination of the employment relationship was registered.
In other words: the 90 days are a ceiling, not a guarantee. If your permit expires in 40 days, your right of residence ends in 40 days, not in 90. Check the expiry date on your card on the day you are told your contract is ending, and count from there.
If you sign a new employment contract within that period, your right of residence remains valid until the single permit expires (art. 56 para. (7)).
If the deadline passes with no new contract, your stay becomes illegal and you risk a return decision.
The residence permit (TRC): where to get it and what it costs
Approval of the single application submitted by your employer or agency through the WorkinRomania.gov.ro platform (art. 3 para. (2) letters d) and e), art. 4 of OUG 32/2026) opens your right of residence for work. The permit itself is issued by the General Inspectorate for Immigration.
Where: the application is filed electronically at portaligi.mai.gov.ro, followed by appearing in person at the territorial IGI office in the county where you reside, for biometric data (fingerprints and photograph).
What it costs, according to the information published by IGI:
| Fee | Amount |
|---|---|
| Cost of the document (the permit card) | 259 lei |
| Consular fee for the right of residence | equivalent in lei of 120 euro, at the BNR rate of the payment day |
The fees are paid at CEC Bank, at the Treasury or through ghiseul.ro. They are your responsibility, unless the employer provides otherwise in the firm job offer — the same applies to visa, transport and accommodation costs (art. 40 para. (8) of OUG 32/2026).
File your extension application at least 30 days before your granted right of residence expires.
Romanian language courses are free for you
Your employer is legally obliged to provide Romanian language courses including elements of cultural and social integration, for a minimum of 6 months from the start of your activity, lasting at least 6 hours per week (art. 7 para. (1) letter g) of OUG 32/2026). The courses may be organised by the employer directly, through accredited providers, or in cooperation with public institutions, NGOs or educational institutions.
The law does not set a fixed total number of hours — the requirement is expressed as a minimum duration and a minimum weekly frequency. If nothing is provided to you, the employer risks a fine of 5,000-10,000 lei for each worker.
The employer must also provide occupational health and safety training in a language you understand and the necessary protective equipment (art. 7 para. (1) letter d)).
What the employer or agency risks: the fines in the law
These figures are useful when filing a complaint — they show that the conduct is punishable and by how much.
| Conduct | Legal basis | Fine |
|---|---|---|
| Salary not paid into a bank account | art. 7 para. (1) letter a) | 5,000-10,000 lei for each worker |
| No contract version in a language you understand | art. 7 para. (1) letter b) | 5,000-10,000 lei for each worker |
| Safety training in a language you do not understand / no equipment | art. 7 para. (1) letter d) | 5,000-10,000 lei for each worker |
| No Romanian language courses | art. 7 para. (1) letter g) | 5,000-10,000 lei for each worker |
| No confidential complaint procedure | art. 7 para. (1) letter h) | 5,000-10,000 lei for each worker |
| IGI and the agency not notified within 5 working days | art. 7 para. (1) letter e) | 15,000-30,000 lei |
| Inspection by the authorities obstructed | art. 7 para. (1) letter f) | 15,000-30,000 lei |
| Agency charges commissions or guarantees to the worker | art. 23 para. (6) | 25,000-40,000 lei |
| Agency fails to present the two offers / to bear the return cost | art. 40 para. (6)-(7) | 25,000-40,000 lei |
| Work not matching the COR code in the contract | art. 134 point 20 of OUG 194/2002 | 10,000-20,000 lei |
| Employing a foreigner staying illegally | art. 134 point 17 of OUG 194/2002 | 10,000-20,000 lei per person |
How to file a complaint
- Gather the evidence — contract, payslips, bank statement, timesheets, messages, photographs.
- Write the facts briefly: what, when, who, what amount. Legal language is not required; references to the articles in this guide help.
- File the complaint with the right institution (see the list below). This can be done online, by e-mail or at the counter.
- Ask for the registration number — for example "No. 23/03.07.2026". Without it you cannot prove that you filed anything.
- Expect an answer within 30 days — the legal deadline for handling petitions (OG no. 27/2002).
The law guarantees you access to confidential complaint and abuse-reporting procedures, including through the electronic platform (art. 7 para. (1) letter h) of OUG 32/2026).
| Institution | For what | Where |
|---|---|---|
| ITM - Labour Inspectorate | Unpaid wages, excessive hours, no contract, working conditions | inspectiamuncii.ro |
| IGI - General Inspectorate for Immigration | Legal status, single application, residence permit | igi.mai.gov.ro, portaligi.mai.gov.ro |
| ANOFM | Placement agencies and authorised employers | anofm.ro |
| Romanian Police / Prosecutor's Office | Withheld documents, seizure, threats | politiaromana.ro |
| ANITP | Suspected human trafficking or labour exploitation | anitp.mai.gov.ro |
| CNRR | Assistance for refugees | cnrr.ro |
| BNS | Trade union, support in the employment relationship | bns.ro |
Frequently asked questions
Can I resign during the first 6 months?
As a rule, no (art. 40 para. (2) of OUG 32/2026). The exception is art. 40 para. (3): you may take the initiative to change employer earlier in duly justified cases of serious breach by the employer of the contractual clauses or of the employment relationship. "Duly justified" means documented — which is why evidence matters.
After 6 months can I go to any employer?
Not directly. Until 2 years have passed since your activity began, the change is made through the placement agency that is a party to the placement contract (art. 40 para. (4)). Exception: if the agency's authorisation has been withdrawn (art. 40 para. (5)).
Can my employer deduct rent from my salary?
It may deduct the cost of accommodation only if this was set out in the firm job offer, and the amount may not exceed 25% of your net salary (art. 7 para. (2)). At the 2026 minimum wage, the cap is roughly 674 lei per month.
I am being asked for a fee in order to receive the contract. Is that legal?
No. Charging commissions, tariffs, fees, guarantees or deposits to a placed worker is prohibited (art. 23 para. (6) for the agency; art. 11 para. (3) and art. 12 para. (8) letter d) for an authorised employer). The fine for an agency is 25,000-40,000 lei.
Can my employer keep my passport?
No. The law obliges it to keep only a copy of the travel document or residence permit (art. 7 para. (1) letter i)). Withholding the originals is flagged in the preamble of OUG 32/2026 as a practice associated with labour exploitation and should be reported to the Police or ANITP.
I lost my job. How many days do I have?
At most 90 days from the registration of the termination of your employment relationship — but only if your permit is valid for longer than that (art. 56 para. (6) of OUG no. 194/2002). If the permit expires sooner, your right of residence ends on the date shown on the card.
I am a citizen of the Republic of Moldova. Do these rules apply to me?
The placement-agency restrictions, the 6-month period and the 2 years apply to workers covered by art. 27^2 of OUG no. 194/2002. Citizens of the Republic of Moldova, Ukraine and the Republic of Serbia employed under a full-time contract fall under art. 27^1 and have a separate regime. Salary rights and the employer's general obligations under the Labour Code remain the same.
This guide is for information only and does not replace legal advice. Legal bases verified against the text of OUG no. 32/2026 (Official Gazette no. 335/27.04.2026), OUG no. 194/2002 as amended by it, Government Decision no. 146/2026 and the information published by the General Inspectorate for Immigration. Verified on: 11 August 2026.
Need help, or want to work legally in Romania? Write to office@wantjob.eu or visit wantjob.eu.