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POSTED WORKERS IN ROMANIA: KEY OBLIGATIONS FOR COMPANIES TEMPORARILY POSTING EMPLOYEES

In recent years, Romania has become an increasingly relevant destination for European companies posting workers to the country to carry out international projects, provide cross-border services to Romanian clients, or coordinate operations between different entities within the same corporate group. Romania’s full accession to the Schengen Area, effective as of January 2025, has provided an additional boost to intra-EU worker mobility and the country’s economic integration within the European Single Market.

The free movement of workers within the European Union is one of the key tools supporting business activities across the EU. However, the legal framework governing the temporary posting of employees between Member States is becoming increasingly strict and demanding. Since each Member State has transposed the EU Posted Workers Directive into its own national legislation, it is essential to continuously monitor regulatory developments in order to remain compliant with the specific requirements applicable in each country.

In Romania, the regulations governing the temporary posting of workers are primarily contained in Law No. 172/2020, which establishes a number of obligations that foreign companies must comply with when posting employees to the country within the framework of a cross-border provision of services.

It is worth noting that the Romanian labour authorities (Inspectoratul Teritorial de Muncă – ITM) have significantly intensified inspections, particularly on construction sites and projects involving a high concentration of foreign workers. Furthermore, inspections are especially frequent in certain sectors considered sensitive by the Romanian authorities.

For this reason, in order to avoid financial penalties, operational disruptions, or interruptions to business activities in Romania, it is highly advisable to properly plan the project in advance and ensure compliance with all obligations established under Romanian posted workers legislation.

 

Main Obligations for Companies Posting Workers to Romania

Companies posting workers temporarily to Romania must ensure compliance, throughout the entire duration of the assignment, with certain employment conditions established under Romanian legislation.

Among other obligations, companies should assess and, where necessary, adapt to:

  • The minimum salary conditions applicable in Romania;
  • Any Romanian collective bargaining agreements that may apply depending on the sector of activity and the location where the services are performed;
  • Regulations concerning working time, rest periods, and overtime;
  • Administrative formalities and mandatory notifications to the Romanian labour authorities, including the prior notification of the posting to the ITM.

In this regard, a preliminary assessment of the project in Romania is particularly important, as it allows companies to correctly identify the nature of the activities to be carried out in the country and determine the specific obligations applicable based on the characteristics of the posting and the sector involved.

 

Are You Planning to Post Workers to Romania?

At Feliu N&I, we assist both domestic and international companies in the planning and comprehensive management of temporary worker postings within the European Union.

We have extensive experience advising companies wishing to provide services temporarily in Romania and collaborate with specialised local partners who manage the administrative procedures related to the international posting of workers to Romania.

Our multidisciplinary team, specialised in international mobility, corporate immigration, and international employment law, supports companies throughout every stage of the process, including:

  • Preliminary feasibility assessment;
  • Review of applicable labour obligations in Romania;
  • Immigration planning;
  • Document preparation and administrative compliance;
  • Analysis of local collective bargaining agreements;
  • Assessment of tax and social security risks;
  • Assistance with administrative procedures related to the international posting of workers.

In addition, we continuously monitor legislative developments and regulatory changes affecting international workforce mobility, enabling companies to operate with greater legal certainty and minimise risks during the execution of international projects.

For further information regarding temporary postings of workers to Romania and posted workers compliance obligations, our team remains at your disposal.

www.feliu.biz | www.expatfeliu.com

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