OUG 32/2026: Guide for Employers of Foreign Workers

OUG 32/2026: Guide for Employers of Foreign Workers

OUG 32/2026 (Emergency Ordinance 32/2026, a Romanian regulatory act) regarding access of foreigners to the labor market in Romania, published in Official Gazette no. 335 of 27.04.2026, fundamentally changes how Romanian employers can hire workers from non-EU countries. The Ordinance repeals Title I of OG 25/2014 (Government Ordinance 25/2014), meaning that the old legal basis for hiring foreigners is no longer in force, and procedures, obligations, and penalties must be applied exclusively under the new framework. This guide explains, step by step, what employers and HR firms must do to remain compliant.

What changes: the new legal framework in brief

The main innovations introduced by OUG 32/2026 are:

• A single electronic platform – WorkinRomania.gov.ro, operated by MAI (Ministry of Internal Affairs) – through which registration and authorization of all actors take place and single applications for foreigners are uploaded.
• Extended obligations for employers, including provision of Romanian language courses with elements of cultural and social integration.
• A clear framework for foreign worker placement agencies, with authorization, financial guarantee, and mandatory framework contracts.
• Standard contract templates approved by Order of MMFTSS (Ministry of Labor and Social Solidarity) no. 655/26.05.2026.
• Significant penalties, applicable also per foreign worker.

Who must register and where

Under article 4, paragraph (1) of OUG 32/2026, registration or authorization on the WorkinRomania.gov.ro platform is mandatory in order to hire foreigners. The platform manages three separate registers:

1. R.A.S. – Register of Foreign Worker Employers: any employer hiring foreigners registers on the platform with automatic entry in this register.
2. R.A.P.S. – Register of Foreign Worker Placement Agencies: placement agencies are authorized through the platform and listed in this register.
3. R.A.A. – Register of Authorized Employers: employers who recruit directly, without an agency, need separate authorization and are listed in this register.

Also through the platform, single applications for foreigners are uploaded. In practice, no hiring flow for a non-EU worker can begin outside the platform.

Employer obligations in brief

Article 7, paragraph (1) of OUG 32/2026 sets out a package of direct obligations for the employer:

Romanian language courses: what the employer must provide

The most debated new obligation is from article 7, paragraph (1), letter g): the employer provides Romanian language courses that also include elements of cultural and social integration. The legal parameters are:

• Duration: minimum 6 months from the date of starting work as registered in REGES-ONLINE (Romanian Electronic Registry of Employed Persons);
• Frequency: at least 6 hours per week;
• Organization method: directly by the employer or through accredited providers, or in collaboration with public institutions, NGOs, international organizations, or educational institutions.

Note: the law does not set a fixed total number of hours – the requirement is expressed through minimum duration (6 months) and minimum weekly frequency (6 hours). Employers should document course planning, worker attendance, and contracts with providers to demonstrate compliance during inspections.

A balancing provision: under article 40, if the foreigner does not complete the 6-month period, the employer can recover amounts invested in courses, accommodation, and transport.

Relationship with placement agencies and mandatory contracts

Foreign worker placement agencies are legal entities with main activity code CAEN 7810 (may be from EU/EEA/Switzerland), authorized through the platform and listed in R.A.P.S. They must establish a financial guarantee; if the guarantee is drawn, the agency must replenish it within 30 days, under penalty of suspension of authorization – a useful criterion when vetting a partner.

The contractual flow in placement comprises three documents:

1. Service agreement between agency and employer, which includes firm offer;
2. Tripartite placement contract (agency–employer–foreigner), concluded in writing, in Romanian and in a language understood by the foreigner;
3. Individual employment contract of the foreigner, which incorporates elements of the firm offer.

Order MMFTSS no. 655/26.05.2026 approves standard models of these three contracts. The model employment contract expressly incorporates the obligation for Romanian language courses (minimum 6 months, at least 6 hours/week, with reference to article 7, paragraph (1), letter g) of OUG 32/2026), so the clause cannot be omitted.

Other relevant rules from article 40:

• Costs for visa, transport, and accommodation fall on the foreigner, unless the employer determines otherwise in the firm offer;
• A placed foreigner may change employer only through the placement agency, until 2 years after starting work in Romania.

Penalties (article 42)

Watch for the multiplier effect: the fine for Romanian language courses applies per worker, so an employer with dozens of foreign workers faces considerable financial exposure.

Recommended practical steps

1. Register your company on WorkinRomania.gov.ro (automatic entry in R.A.S.); if you recruit directly without an agency, obtain authorization for R.A.A.
2. Verify partners: the placement agency must be listed in R.A.P.S. and have its financial guarantee in place.
3. Update contracts per the standard models in Order 655/26.05.2026: service agreement, tripartite placement contract, bilingual employment contract.
4. Organize Romanian language courses: contract an accredited provider or institutional partner, plan minimum 6 hours/week for 6 months from the REGES-ONLINE date, and keep records.
5. Adapt OHS procedures: training must be delivered in a language each worker understands, with proper documentation (Law 319/2006 remains the general OHS framework).
6. Set up notification workflow: internal procedures to notify the agency and IGI within 5 business days in situations covered by article 7.
7. Organize file retention: keep supporting documents minimum 5 years after termination of employment.
8. Implement a confidential complaint channel accessible to foreign workers.

To manage these obligations – from bilingual contracts conforming to standard models through to documentation of language courses and timely notifications – the WantJOB platform automates document generation and deadline tracking, reducing the risk of penalties.

Frequently asked questions

Can I still rely on OG 25/2014 to hire foreigners?

No. OUG 32/2026 repeals Title I of OG 25/2014, so the old legal basis for hiring foreigners is no longer in force. All procedures fall under the new framework and WorkinRomania.gov.ro platform.

How many total hours of Romanian language courses must I provide?

The law does not fix a total number of hours. The requirement in article 7, paragraph (1), letter g) is: minimum 6 months from the start of work (date in REGES-ONLINE), with at least 6 hours per week, including elements of cultural and social integration.

Who pays for visa, transport, and accommodation?

Under article 40, these costs fall on the foreigner, unless the employer determines otherwise in the firm offer. If the worker does not complete the 6-month period, the employer can recover amounts invested in courses, accommodation, and transport.

Can a placed worker freely change employers?

Not in the first 2 years: until 2 years after starting work in Romania, a placed foreigner may change employer only through the placement agency.

What is the risk if I don't register on the platform?

Failure to register on the platform, contrary to article 4, paragraph (1), is sanctioned with a fine of 15,000–20,000 lei, and without registration you cannot legally hire foreign workers.

Information in this guide is general and does not replace legal advice. Verification date: August 2026.