PIFM court cases and the WorkinRomania unblocking: the dates that matter
Status on 21.10.2026: On WorkinRomania.gov.ro, employer registration, employer authorisation and the single application for D/AM2 visas remain disabled. The public registers are identical to 20.10.2026: R.A.P.S. lists 42 placement agencies, R.A.S. lists 47 employers and R.A.A. is empty. The next hearing that matters for unblocking is 02.12.2026, in the main case 5258/2/2026.
In short
| Question | Answer |
|---|---|
| What keeps the platform blocked? | The suspension of Ministry of Labour (MMFTSS) Order no. 1073/2026 (the List of shortage occupations), ordered by the Bucharest Court of Appeal on 10.09.2026 in case 5633/2/2026 |
| How long does the suspension last? | Until the court rules on the merits in case 5258/2/2026 |
| Next hearing on the merits | 02.12.2026, 9:00, Section IX for administrative and tax litigation |
| Has the suspension been appealed? | On 21.10.2026, neither the courts' portal nor the High Court (ÎCCJ) portal shows any appeal in case 5633/2/2026 |
| How many cases has PIFM filed? | Seven at the Bucharest Court of Appeal; one of them is now on appeal at the ÎCCJ |
| Fastest way to unblock | A new order approving the List of shortage occupations. As of 21.10.2026, no new order has been published |
All PIFM cases against the Ministry of Labour
Since August 2026, the employers' association Patronatul Importatorilor de Forță de Muncă (PIFM) has filed several actions against the implementing acts of Emergency Ordinance (OUG) no. 32/2026. Status on 21.10.2026:
| Case | Court | Subject | Status |
|---|---|---|---|
| 5633/2/2026 | Bucharest Court of Appeal, Section VIII | Suspension of Order 1073/2026 (List of shortage occupations) | Granted on 10.09.2026 (Judgment no. 1454/2026); no appeal recorded |
| 5258/2/2026 | Bucharest Court of Appeal, Section IX | Annulment of Order 1073/2026 | Merits; hearing on 02.12.2026, 9:00 |
| 5041/2/2026 | Bucharest Court of Appeal, Section IX | Annulment of Order 655/2026 (model contracts for placing foreign workers) | Merits; hearing on 03.11.2026, 13:00 |
| 5061/2/2026 | Bucharest Court of Appeal, Section VIII | Suspension of Order 655/2026 | Rejected on 13.08.2026 (Judgment no. 1400/2026); the order applies |
| 5886/2/2026 | Bucharest Court of Appeal, Section VIII, then ÎCCJ | Interim injunction against the Ministry of Labour and the General Inspectorate for Immigration (IGI) | Rejected on 17.09.2026; appeal lodged by PIFM on 26.09.2026; at the ÎCCJ since 06.10.2026, in the filtering procedure, no first hearing yet |
| 6215/2/2026 | Bucharest Court of Appeal, Section IX | "Refusal to resolve a request", against the Ministry of Labour and IGI | Registered on 30.09.2026; no hearing set |
On the courts' portal, in cases 5633 and 5258, the challenged act also appears as "Ord. 649/06.08.2026". The number 649 is that of the Official Gazette (Monitorul Oficial, Part I, no. 649 of 6 August 2026) in which Order 1073/2026 was published, so it is the same act.
The 03.11.2026 hearing: model contracts, not the list
Case 5041/2/2026 concerns MMFTSS Order no. 655/2026, which approves three mandatory model contracts: the service contract, the placement contract and the foreign worker's individual employment contract. PIFM's request to suspend this order was rejected, so the models still apply.
The outcome of this case does not unblock the platform. Even if Order 655/2026 were annulled, the List of shortage occupations would remain suspended and the WorkinRomania flows would stay disabled.
The 02.12.2026 hearing: the case that decides the unblocking
The Bucharest Court of Appeal suspended Order 1073/2026 "until the court rules on the merits". The merits are judged in case 5258/2/2026, in which PIFM asks for the order to be annulled. The first hearing is on 02.12.2026.
Three things to keep in mind:
- The ruling counts, not its notification. The suspension ends when the court rules on the merits. The short form of the ruling appears on portal.just.ro, under "Ședințe" (hearings), on the day of the ruling or shortly after. Notification of the reasoned judgment only matters for the appeal deadline.
- A first hearing does not automatically mean a ruling. In administrative litigation, the court usually checks the procedure, the statement of defence and the evidence at the first hearing, and the ruling may be postponed to a later date.
- Reactivating the platform is a separate step. The flows were disabled at the request of the Ministry of Labour, and they are reactivated the same way, once the suspension ends.
Scenarios after the 02.12.2026 hearing
| Scenario | List of shortage occupations | WorkinRomania |
|---|---|---|
| PIFM's action is rejected | The suspension ends at the ruling; Order 1073/2026 takes effect again | The flows can be reactivated by the Ministry of Labour |
| PIFM's action is upheld | The order is annulled at first instance; the judgment can be appealed to the ÎCCJ, and the claimant can ask for suspension until the final judgment (art. 15 of Law no. 554/2004) | Unblocking depends on a new list being approved |
| The ruling is postponed | The suspension stays in force | The flows remain disabled until the next hearing |
The only faster route: a new order
The suspension covers only Order 1073/2026. The Ministry of Labour can approve a new list by a new order, drawn up under the methodology in MMFTSS Order no. 987/2026; the list is in any case updated every six months or whenever needed. A new order is not covered by the suspension in case 5633/2/2026, although it can be challenged separately.
As of 21.10.2026, no new order approving the List of shortage occupations has appeared in the Official Gazette.
The European context
The EU Pact on Migration and Asylum, applicable since June 2026, governs asylum, external border checks and returns. It does not set how many third-country workers a member state may lawfully employ.
For legal work, the European framework is Directive (EU) 2024/1233 on the single permit, which simplifies the combined residence-and-work procedure and strengthens the worker's right to change employer. The number of non-EU workers admitted remains each state's decision. Romania exercises it through the annual quota (90,000 workers for 2026) and, since August 2026, through the List of shortage occupations provided for by OUG no. 32/2026.
What employers can do until the unblocking
- The D/AM1 route (citizens of the Republic of Moldova, Ukraine and Serbia, and highly qualified workers) does not depend on the List of shortage occupations and remains available to employers already registered in R.A.S.
- Registration or authorisation applications already started on the platform stay saved with their status; the documentation can be completed in advance so the file is ready when the flows are reactivated.
- Change of employer (art. 56(9) of OUG no. 194/2002): IGI has announced that applications that cannot be filed now will be assessed individually once filing resumes, taking into account the employer's objective inability to register or obtain authorisation.
For an explanation of the suspension and its effects on the platform, see also WorkinRomania blocked: status of case 5633/2/2026.
Sources
- Romanian courts' portal (portal.just.ro): cases 5633, 5258, 5041, 5061, 5886 and 6215/2/2026, Bucharest Court of Appeal, consulted on 21.10.2026
- High Court of Cassation and Justice (scj.ro): case 5886/2/2026, consulted on 21.10.2026
- MMFTSS Order no. 1073/2026, Official Gazette, Part I, no. 649 of 6 August 2026
- MMFTSS Order no. 655/2026 on the model contracts used in the placement of foreign workers
- OUG no. 32/2026; Law no. 554/2004 on administrative litigation; Directive (EU) 2024/1233