Changing employer as a foreign worker in Romania: the 6-month rule, the 2-year rule and the 90-day deadline

Status as of 02.11.2026: The rules below are those of OUG 32/2026, applicable from 27.04.2026, and of OUG 194/2002 as amended by it. Filing of D/AM2 single applications in WorkinRomania has been stopped since 15.09.2026; details in WorkinRomania shutdown: what foreign workers can do.

The most common question from foreign workers is: "Can I change my employer?" The answer depends on the visa the worker came with, D/AM1 or D/AM2, on how long they have worked in Romania and on how the contract ended: by resignation or by dismissal. There are two different rules, from two different laws, and they apply at the same time. Below they are explained in plain language, with a table, real examples and a checklist for the new employer.

In short

Legal basis: art. 56 para. (6), (7), (13) and (14) of OUG 194/2002 and art. 40 para. (2)–(5) of OUG 32/2026.

Workers who came with a work visa before 27.04.2026 do not hold a D/AM2 visa. For them, the rules in the D/AM1 column apply.

Rule one: 6 months at the employer you leave (for everyone)

Any foreigner holding a single permit or an EU Blue Card can change employer by resignation only after at least 6 months of work at the employer they are leaving, recorded in REGES-ONLINE (art. 56 para. 13 of OUG 194/2002).

The rule applies at every change. A worker who spent 8 months with the first employer and then 3 months with the second cannot leave the second by resignation until they complete 6 months there.

Rule two: 6 months from the first day in Romania, then the agency up to 2 years (D/AM2 only)

A worker who came with a D/AM2 visa has one more rule, in art. 40 of OUG 32/2026:

• In the first 6 months from the first day of work in Romania, recorded in REGES-ONLINE, they cannot ask to change employer.
• After 6 months and up to 2 years from the first day of work in Romania, they can change employer only through the placement agency that signed the placement contract with them.
• If the agency's licence has been withdrawn or has ended, the worker can change employer directly, under the general conditions of OUG 194/2002.

This rule is counted only once, from the first day of work in Romania, not from each employer.

Real situations

1. D/AM2 worker from Nepal, 4 months with the first employer, wants to resign. Not possible. Both rules stop them. The only exception is a serious breach by the employer (see below).

2. The same worker, after 8 months. They can change employer, but only through the agency that brought them to Romania. The new employer works with the same agency, and the agency files the single application.

3. D/AM1 worker from Moldova, 7 months with the first employer. They can resign and take a new job directly. The new employer, registered in WorkinRomania, files the single application.

4. Worker dismissed by the employer after 3 months. The 6-month rule concerns resignation, meaning leaving on the worker's initiative. After a dismissal, the worker does not have to wait. What matters is the 90-day deadline. For D/AM2, the placement agency or the authorised employer must put them in touch with a new employer within this deadline; if no new job is found within 90 days, the agency or authorised employer bears the cost of the return to the country of origin.

5. D/AM1 worker who has already changed once and has 3 months with the second employer. They cannot leave by resignation until they complete 6 months with the second employer.

The exception: a serious breach by the employer

Both laws allow a change earlier than 6 months if the employer has seriously breached the contract or the employment relationship, in duly justified cases (art. 40 para. 3 of OUG 32/2026 and art. 56 para. 14 of OUG 194/2002).

Typical situations are unpaid wages, wages paid other than into the bank account, unpaid overtime, or accommodation conditions and deductions that break the law. The exception must be proven. The worker keeps:

• bank statements showing what salary they received;
• the employment contract, payslips and any timesheets;
• messages and e-mails exchanged with the employer;
• the complaint filed with the Territorial Labour Inspectorate, if any.

The 90-day deadline

After the employment contract ends, the worker keeps the right of residence for 90 days. In that time, the new employer or the agency must file the single application for change of employer. If the new contract is signed within the deadline, the right of residence stays valid until the expiry date of the single permit (art. 56 para. 6 and 7 of OUG 194/2002).

The deadline runs from the date the contract ended, as stated in the termination decision issued by the employer. This is the document the new employer must see before anything else.

For applications filed after the 90 days, for objective reasons, read Single application after the 90 days: what IGI says.

The old employer also has an obligation: it notifies IGI and the agency of the end of the contract within 5 working days. Details in The 4 reports to IGI you must not miss.

After the application is approved

Once IGI approves the single application and extends the right of residence, the worker books an appointment within 10 days at the IGI office where they live, for fingerprints and the issue of the new single permit.

Checklist for the new employer

• [ ] Which visa the worker had on entering Romania: D/AM1, D/AM2 or a work visa issued before 27.04.2026.
• [ ] Date of the first day of work in Romania, from REGES-ONLINE: have 6 months passed? Have 2 years passed?
• [ ] How many months they worked with the employer they are leaving.
• [ ] How the contract ended: resignation, dismissal or mutual agreement, according to the termination decision.
• [ ] How many of the 90 days have passed.
• [ ] For D/AM2 under 2 years: which agency is in the placement contract and whether its licence is still valid.
• [ ] If a serious breach is claimed: what evidence the worker has.

What the worker should know

• Do not resign before checking that you have 6 months with your current employer.
• You do not file the single application yourself. The new employer or the agency files it.
• Keep the decision ending your contract. The 90 days run from its date.
• If you came with a D/AM2 visa and are within the first 2 years, the change goes through the agency that brought you.

Common mistakes

• "6 months is a single rule." There are two: one for everyone, at each employer, and one only for D/AM2, from the first day in Romania.
• "After 6 months, any D/AM2 worker can go wherever they want." Up to 2 years, only through the agency in the placement contract.
• "Dismissal has the same limits as resignation." No. The 6-month rule concerns leaving on the worker's initiative.
• "The 90 days run from when the worker found a new job." They run from the date the old contract ended.

WantJOB checks the worker's situation for its clients before hiring and prepares the change-of-employer file. Write to us at office@wantjob.eu.

Sources

• OUG no. 32/2026 on the access of foreigners to the labour market in Romania, Official Gazette, Part I, no. 335 of 27 April 2026, art. 40 para. (2)–(5) and (7)
• OUG no. 194/2002 on the regime of foreigners in Romania, republished, art. 56 para. (6), (7), (13) and (14), as amended by OUG no. 32/2026
• IGI reply of 14.10.2026 on single applications filed after the 90-day deadline