Placement agency obligations and penalties under OUG 32/2026

Under OUG 32/2026, the foreign-worker placement agency is the central link of the system: apart from authorised employers, every hiring of a non-EU worker with a D/AM2 visa goes through an agency authorised by ANOFM (art. 10). This position comes with a dense package of obligations — and with some of the harshest penalties in the ordinance: fines between 5,000 and 40,000 lei, in many cases applied for each placed foreign worker, plus suspension, withdrawal or annulment of the licence, with loss of the financial guarantee in serious situations.

This material systematises the agency's obligations (art. 23, 37, 38, 39, 40) and the full picture of penalties (art. 30-34, 42-44).

The basic rules of placement activity (art. 23)

Before the operational obligations, art. 23 sets the frame within which the agency is allowed to operate:

• only with an ANOFM licence — foreign-worker placement activity may be carried out only on the basis of the licence issued by the National Agency for Employment (ANOFM) (para. (1));
• only for shortage occupations — placement services are provided exclusively for occupations on the Shortage Occupations List and only on the basis of firm job offers submitted by registered employers (para. (2));
• only with eligible employers — employers benefiting from service contracts must have at least one year of effective activity in fields compatible with the shortage occupations and must be entered in the Register of Employers of Foreigners — R.A.S. (para. (3));
• money comes only from the employer — the price of placement services is charged exclusively to the employer, under the service contract, and this element must also be stated in the placement contract (para. (4));
• intermediation has a single permitted purpose — any activity of putting an employer in Romania in contact with a foreigner looking for a job is prohibited unless its exclusive purpose is establishing an employment relationship (para. (5));
• zero fees from workers — the agency is prohibited from charging placed foreigners any commissions, tariffs or fees, or from requiring them to provide guarantees or deposits (para. (6)).

The prohibitions in paras. (4)-(6) carry the highest fine in the ordinance — 25,000-40,000 lei — and breach of art. 23 paras. (2)-(6) is, in parallel, a ground for withdrawal of the licence (art. 32 para. (1) let. a)).

The agency's operational obligations (art. 39)

Art. 39 para. (1) contains the list of obligations inspectors check most often:

• a) to provide placement services in compliance with all the conditions of the ordinance;
• b) to conclude service contracts exclusively with employers registered in the electronic platform WorkinRomania.gov.ro;
• c) to ensure that the placement contract and the individual employment contract include the mandatory elements set out in art. 6 para. (1) let. c)-m) and para. (2);
• d) to ensure that, before arriving in Romania, placed foreigners hold the documents needed to access and exercise the right to work;
• e) to ensure that, at least 10 days before arrival, the foreigners have received all the information set out in art. 80^1 para. (3) of OUG 194/2002, in the language of the state of origin or in a language they understand;
• f) to organise the workers' transport from their entry into Romania to their workplace or accommodation;
• g) to inform IGI immediately if, at pick-up, it finds that one or more placed foreigners are missing;
• h) to immediately notify the competent authorities of potential human-trafficking cases reported to it by placed foreigners;
• i) to allow access by control bodies (ANOFM, the Labour Inspectorate, IGI and other institutions) and to present, on request, all necessary information, data and documents;
• j) for a period of 2 years from the start date of the foreigners' activity, as registered in REGES-ONLINE, to notify ANOFM, IGI and the Labour Inspectorate, as applicable, within a maximum of 3 working days of finding out or being notified, of situations involving breach of the conditions underlying the grant of the right of residence and work.

Foreign recruitment partners (art. 38)

If the agency works with foreign recruitment entities, these must cumulatively meet the conditions: be authorised, accredited or registered in their state of origin; their legal representatives, directors, associates or shareholders must not be flagged for national-security threats and must not have final convictions for the relevant offences; and they must not charge workers commissions, tariffs, fees, guarantees or deposits for placement in Romania (except for, and within the limits of, amounts permitted by the law of the state of origin).

Two deadlines matter here:

• the foreign partner's details and supporting documents must be uploaded to the platform within 5 working days of concluding the contract (para. (3));
• if ANOFM finds that the partner does not meet the conditions, the agency must terminate the contract within 5 days of the notification, under penalty of withdrawal of its licence (para. (4) in conjunction with art. 32 para. (1) let. f)).

The financial guarantee: constitution, enforcement, replenishment (art. 25-26, 37)

• the guarantee is 75,000 euros for up to 250 placed foreigners, plus 50,000 euros for each additional tranche of 250 (art. 25 paras. (2)-(3));
• the agency may broker individual employment contracts only within the number of foreigners covered by the guarantee; only foreigners holding a D/AM2 long-stay employment visa count towards the limit (art. 37) — we detail the counting rule in our resource on the 250-place cap;
• among other things, the flat amount of 2,000 euros is enforced from the guarantee for each placed foreigner subject to removal procedures (art. 26 para. (1));
• after enforcement, the guarantee must be replenished within 30 days; missing the deadline is a ground for suspending the licence (art. 26 para. (9)) and, separately, an offence fined 15,000-20,000 lei (art. 42 para. (3) let. a)).

Change of employer and termination of the employment contract (art. 40)

• between 6 months and 2 years from the start of activity registered in REGES-ONLINE, the foreigner may change employer only through the agency that is a party to the placement contract (para. (4));
• if the individual employment contract ends early (at the employer's initiative, by mutual agreement or through the foreigner's resignation for serious breach), the agency must make efforts to present at least 2 job offers within the 90-day period during which the foreigner has a legal right of residence (para. (6) let. a));
• if no new individual employment contract is concluded within those 90 days, the agency bears the cost of the foreigner's return to the country of origin (para. (7)).

Breach of the obligations in paras. (6) and (7) is fined 25,000-40,000 lei (art. 42 para. (5) let. b)).

The fines: the table for agencies (art. 42-43)

Two aggravating rules to remember from art. 42:

• repetition of the offences in paras. (3) and (4) is a ground for suspension of the licence (para. (6));
• repetition of the offences in para. (5) let. b) and c), or failure to remove the causes of suspension, is a ground for withdrawal of the licence (para. (7)).

Suspension of the licence (art. 30-31)

Situations that trigger suspension include:

• more than 10% of placed foreigners lack the required qualification, found over any 6 consecutive months (art. 30 para. (1) let. a));
• the agency has outstanding debts to the consolidated general budget (loss of the condition in art. 24 para. (1) let. a));
• in the last 6 months, the long-stay employment visa was refused for more than 30% of placed foreigners (let. f));
• in the last 6 months, for more than 30% of placed foreigners the single application was decided negatively, making the visa application inadmissible (let. g));
• failure to replenish the financial guarantee within 30 days (art. 26 para. (9));
• repeated commission of the offences in art. 42 paras. (3) and (4).

Effects of suspension:

• it is ordered by ANOFM as a provisional administrative measure for 45 calendar days from notification through the platform;
• the agency may not file new applications in the platform and may not provide new placement services, but may continue managing the activity of foreigners placed earlier;
• pending applications are suspended by operation of law;
• the financial guarantee cannot be withdrawn for the entire duration of the suspension;
• the suspension ends early if the agency proves, through documents uploaded to the platform, that the causes have been removed.

Working during suspension is not an option: any placement activity during this period is fined 15,000-20,000 lei for each placed foreigner (art. 43).

Withdrawal of the licence (art. 32)

ANOFM withdraws the licence in the following situations:

• breach of the basic rules in art. 23 paras. (2)-(6);
• the agency no longer meets the licensing conditions in art. 24;
• the agency fails to prove removal of the causes of suspension and payment of the fines within the 45-day period — in which case the single applications in the platform are cancelled;
• more than 20% of placed workers with individual employment contracts, over any 6 consecutive months, have lost their valid right of residence or their valid long-stay visa;
• placed foreigners were found in situations of exploitation — except for cases the agency itself reported to the authorities; in that situation the financial guarantee is forfeited to the state budget;
• failure to terminate, within 5 days, the contract with a non-compliant foreign partner (art. 38 para. (4));
• the licence has been suspended twice over the qualifications issue (art. 30 para. (1) let. a)) over the whole period of operation.

Annulment of the licence (art. 34)

If the licence was obtained using false information, false or forged documents or other illegal means, ANOFM annuls it, and the financial guarantee is forfeited in full to the state budget.

Who inspects and who sanctions (art. 35, 44)

Finding offences and applying penalties fall to labour inspectors and IGI officers, in distinct areas of competence set by art. 44. Separately, the control staff of ANOFM, the Labour Inspectorate, IGI and the Romanian Police may verify at any time, during the licence period, whether the licensing and operating conditions are met (art. 35).

Challenging the penalties (art. 36)

• rejection of the licence application, and suspension, cessation, withdrawal or annulment of the licence, as well as enforcement of the guarantee, may be challenged before ANOFM within 30 days of notification; ANOFM decides within 45 days;
• next comes administrative litigation (Law 554/2004); for withdrawal based on loss of the licensing conditions, the challenge is decided by the competent Court of Appeal;
• note: the administrative-court action does not stay enforcement of the measure until the case is finally decided.

In short: the 5 risks that hurt the most

1. Money taken from the worker — a fine of 25,000-40,000 lei and a ground for withdrawal of the licence; it is the central prohibition of the whole regime.
2. Contracts with employers not registered in the platform — 20,000-30,000 lei for each placed foreigner.
3. Exceeding the cap covered by the guarantee — also per placed foreigner.
4. Situations of exploitation not reported by the agency — withdrawal of the licence plus full loss of the financial guarantee.
5. Activity during suspension — 15,000-20,000 lei per placed foreigner, and repetition leads to withdrawal.

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Informative material, not legal advice. Reference text: OUG no. 32/2026 (Monitorul Oficial no. 335 of 27.04.2026), as in force at the date of writing.