Template: services contract with the placement agency

Order no. 655/26.05.2026, issued by the Ministry of Labour, Family, Youth and Social Solidarity and published in Official Gazette no. 484 of 11 June 2026, approves the framework templates of the contracts used in the placement of foreign workers on Romanian territory. This article presents the first of the three framework templates: the services contract concluded between the foreign nationals placement agency and the registered employer (Annex no. 1 to the order).

What Order 655/2026 approves

The order approves three framework templates, provided in art. 2 para. (2) let. e), f) and g) of OUG no. 32/2026 on the access of foreigners to the Romanian labour market:

1. The services contract — between the placement agency and the employer (Annex no. 1, presented below);
2. The placement contract — between the agency, the employer and the foreign worker (Annex no. 2);
3. The foreign worker's individual employment contract — between the employer and the worker (Annex no. 3).

When and how this contract is used

• Use of the framework template is mandatory. Foreign nationals placement agencies and the registered employers who benefit from their services are obliged to use exclusively the framework templates approved by the order (art. 2 para. (1) of the order).
• The penalty is absolute nullity. Contracts concluded in breach of the mandatory elements established in the framework templates are struck by absolute nullity, under the law (art. 2 para. (2) of the order).
• Additional clauses are permitted. By negotiation between the parties, the contracts may also include specific clauses, according to the law (art. 2 para. (3) of the order) — but without removing the mandatory elements.
• Moment of conclusion: the contracts are concluded before obtaining the long-stay visa for employment, respectively the residence permit for work purposes, as the case may be (art. 4 para. (2) of the order).
• Contracts in progress on the date the order entered into force remain subject to the legal provisions in force on the date of their conclusion; new contracts must observe the framework templates (art. 5 of the order).

Key points of the template

• The object: identifying, selecting and placing foreign workers for the occupations on the List of shortage occupations, based on the firm job offer uploaded by the employer to the WorkinRomania.gov.ro electronic platform.
• The firm job offer is a mandatory annex to the contract and must contain all the elements provided in art. 6 para. (1) and (2) of OUG 32/2026.
• The fee is set per placed worker, excluding VAT, and is paid by bank transfer.
• An essential prohibition: neither the agency nor the employer may charge foreign workers fees, commissions or the cost of placement services.
• The employer's seniority condition: the employer must inform the agency that it has effectively been operating for at least one year in the field of activity corresponding to the shortage occupations (art. 23 para. (3) of OUG 32/2026).

---

Framework template: SERVICES CONTRACT

no. ..... of ........

I. The contracting parties

1.1. The foreign nationals placement agency

Name: .........., Romanian legal person, registered with the trade register under no. .........., unique registration code .........., authorised under Government Emergency Ordinance no. 32/2026 on the access of foreigners to the Romanian labour market, as well as for amending and supplementing certain normative acts, with authorisation no. .........., with registered office in .........., street .......... no. ....., county/district .........., telephone .........., e-mail .........., bank account no. .........., opened at .........., legally represented by Mr/Ms .........., in the capacity of .........., hereinafter referred to as the agency

1.2. The registered employer

Name: .........., legal person/natural person/authorised natural person/individual enterprise/family enterprise, registered with the trade register under no. .........., unique registration code ........../personal numerical code .........., as the case may be, with registered office/domicile in .........., street .......... no. ....., county/district .........., telephone .........., e-mail .........., bank account no. .........., opened at .........., legally represented by Mr/Ms .........., in the capacity of .........., hereinafter referred to as the employer

II. Object of the contract

Article 1

(1) The object of this contract is the provision by the agency, for the benefit of the employer, of services of identifying, selecting and placing foreign national workers in the vacant positions communicated by the employer to the National Agency for Employment (ANOFM) for the occupations included in the List of shortage occupations, under the conditions of Government Emergency Ordinance no. 32/2026.

(2) The agency undertakes to identify and propose to the employer foreign national candidates who meet the requirements set out in the firm job offer issued by the employer, as uploaded by the employer to the WorkinRomania.gov.ro electronic platform.

(3) The firm job offer issued by the employer, containing all the elements provided in art. 6 para. (1) and (2) of Government Emergency Ordinance no. 32/2026, constitutes an annex that is an integral part of this contract.

III. Rights and obligations of the agency

Article 2

The agency has the following rights:

a) to receive from the employer all the information necessary to identify suitable candidates;

b) to charge the fees agreed through this contract;

c) to terminate this contract if the employer fails to observe its obligations.

Article 3

The agency has the following obligations:

a) to carry out the placement activities in compliance with the legal provisions in force;

b) to identify candidates who meet the requirements set out in the firm job offer;

c) to inform the foreign national candidates about their rights and obligations under the applicable Romanian legislation;

d) to ensure the drafting and signing of the placement contracts in accordance with the approved framework template;

e) to send the employer the applications of the selected foreigners, accompanied by the necessary documents;

f) to complete the single application through the WorkinRomania.gov.ro electronic platform, in order to request the long-stay visa for employment type D/AM2, seasonal and cross-border workers;

g) to observe the principles of non-discrimination and equal treatment in the placement activities;

h) not to charge fees or commissions from foreigners for placement services;

i) to keep the confidentiality of the candidates' personal data, in compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

j) to notify the employer of any change in the conditions of providing the services.

IV. Rights and obligations of the employer

Article 4

The employer has the following rights:

a) to receive from the agency the applications of the foreigners who meet the established requirements;

b) to request additional information from the agency about the proposed candidates;

c) to reject applications that do not meet the requirements of the firm offer, with appropriate reasoning.

Article 5

The employer has the following obligations:

a) to provide the agency with the complete and correct firm job offer, with all the elements provided by law;

b) to inform the agency about the fulfilment of the condition provided in art. 23 para. (3) of Government Emergency Ordinance no. 32/2026, namely that it has effectively been operating for at least one year in the field of activity corresponding to the shortage occupations included in the List of shortage occupations;

c) to upload the firm offer to the electronic platform made available by the competent authorities;

d) to observe all the conditions stipulated in the firm offer and the individual employment contracts;

e) to ensure the foreign workers the rights and working conditions provided in the contracts concluded according to Government Emergency Ordinance no. 32/2026;

f) to pay the agency's fees on the established dates;

g) to notify the agency of any changes in the conditions of employment;

h) not to charge foreigners the cost of the placement services provided in this contract.

V. The fee and payment arrangements

Article 6

(1) For the services provided, the employer will pay the agency a fee of .......... lei/euro, excluding VAT, per placed worker.

(2) Method of payment: ..........; payment deadline: ..........

(3) The fee will be paid by bank transfer, into the agency's account indicated in chap. I.

VI. Contractual liability

Article 7

(1) The agency is liable to the employer for damage caused by failure to observe the obligations assumed through this contract.

(2) The employer is liable to the agency for damage caused by providing incomplete or erroneous information or by failing to observe the conditions of the firm offer towards the placed foreigners.

(3) Neither party will be liable for the non-performance of contractual obligations caused by force majeure or fortuitous events, as defined by the Romanian legislation in force.

(4) The party invoking force majeure is obliged to notify the other party within 5 working days from the occurrence of the event, under penalty of forfeiting the right to invoke these causes.

VII. Duration and termination of the contract

Article 8

(1) This contract enters into force on the date of signature by both parties and is concluded for a period of .......... months, with the possibility of extension by the written agreement of the parties.

(2) This contract terminates in the following situations:

a) by the written agreement of the parties;

b) by unilateral termination, by either party, with a notice of .......... calendar days, sent in writing;

c) by law, in case of withdrawal/cessation/cancellation of the agency's authorisation or of the removal of the employer from the records of the competent authorities, under the conditions of Government Emergency Ordinance no. 32/2026;

d) by rescission, in case of serious and repeated breach of the contractual obligations by either party.

(3) The rescission of the contract does not affect the rights and obligations arisen prior to it.

(4) The period of suspension of the activity of one of the signatory parties, established under the conditions of Government Emergency Ordinance no. 32/2026, suspends the performance of this contract.

VIII. Confidentiality and data protection

Article 9

(1) The parties undertake to keep the confidentiality of all information and documents obtained in the performance of this contract and not to disclose them to third parties without the prior consent of the other party.

(2) The processing of personal data is carried out in compliance with the provisions of Regulation (EU) 2016/679 and the applicable national legislation on personal data protection.

IX. Final provisions

Article 10

(1) Any amendment to this contract is made by addendum signed by both parties.

(2) Disputes arising from the performance of this contract will be settled amicably; otherwise, jurisdiction belongs to the courts according to the law.

(3) This contract was drawn up in .......... original copies, one for each party.

ANNEX to the services contract: FIRM JOB OFFER

I. General provisions

1. This firm job offer is an integral part of the services contract and is binding on the parties throughout the duration of the contractual relationship.

1. The employer declares that the information contained in this offer is true, complete and consistent with the actual working conditions that will be offered to the foreign workers.

1. It is forbidden to charge foreigners any fees, commissions or direct or indirect costs related to recruitment or placement.

II. Mandatory elements

a) duration of the firm offer: from .......... until ..........;

b) number of available jobs: ..........;

c) position/trade/occupation: .........., COR code .........., requirements for filling it: ..........;

d) duration of employment: .......... months/days, conditions of employment, termination of employment or re-employment: ..........;

e) maximum working time: ..... hours/day, ..... hours/week; minimum daily rest: ..... hours; weekly rest: ..........; compensation of overtime: ..........;

f) gross monthly salary: .......... lei; net monthly salary: .......... lei; hourly rate: .......... lei; method of payment: ..........; payment date: ..........;

g) guaranteed gross national minimum salary: .......... lei, according to the Romanian legislation in force; applicable collective labour agreement: ..........;

h) bonuses and other salary-related rights: ..........;

i) cases in which salary rights may be subject to enforcement: ..........;

j) minimum duration of the paid annual rest leave: .......... working days; manner of granting: ..........; leave allowance: ..........;

k) working conditions: ..........; occupational health and safety measures: ..........; hygiene at the workplace: ..........; social security: ..........;

l) taxes, duties and contributions charged on the worker's income: ..........; applicable double taxation avoidance conventions: ..........;

m) compensation in case of occupational diseases, work accidents or death: ..........

III. Conditions regarding accommodation, meals and transport

a) accommodation: provided by the employer [ ] / the worker's responsibility [ ]; accommodation conditions: ..........;

b) meals: provided by the employer [ ] / the worker's responsibility [ ];

c) transport:

• [ ] provided by the employer from the country of origin to Romania: ..........;
• [ ] provided by the employee from the country of origin to Romania;
• [ ] provided by the employer from the border to the workplace/accommodation: ..........;
• [ ] provided by the employee from the border to the workplace/accommodation;
• [ ] transport from the accommodation to the workplace borne by the employer;
• [ ] transport from the accommodation to the workplace borne by the worker;
• [ ] repatriation conditions (including in case of occupational disease, work accident or death): ..........

IV. Other elements

To be filled in as appropriate.

---

The text of the framework template is taken from Annex no. 1 to Order MMFTSS no. 655/26.05.2026, published in Official Gazette no. 484 of 11 June 2026. Always check the version in force on the date of use.