Mandatory framework models for contracts with foreign workers have been published

By Order of the Minister of Labour no. 655/2026, which was recently published in the Official Gazette, three mandatory model framework contracts for the placement of foreign workers have been approved, namely (i) the service contract (concluded between placement agencies and employers, with the firm job offer uploaded to the WorkinRomania.gov.ro platform and attached as an annex), (ii) the placement contract (a tripartite contract between the agency, the employer, and the foreign worker, detailing all elements of the employment relationship, such as salary, working hours, leave, housing, transportation, and taxes), as well as (iii) the foreign worker’s individual employment contract.

According to Government Emergency Ordinance no. 32/2026 on the status of foreigners, foreign worker placement agencies and employers who use the services of such agencies are required to use the model contracts approved by Order no. 655/2026, under penalty of absolute nullity for failure to comply with the mandatory elements; they may only add specific additional clauses through negotiation. Furthermore, placement contracts and individual employment contracts must be drafted in Romanian and in the worker’s native language (or an internationally recognized language).

Framework contracts introduce important obligations and protective mechanisms, namely:

  • agencies may not charge fees or commissions to foreign workers;
  • employers must provide Romanian language courses (for a minimum of 6 months, at least 6 hours per week), may not withhold identity documents or restrict the freedom of movement of workers, and the cost of housing deducted from the salary may not exceed 25% of the net salary;
  • furthermore, foreign workers may not change employers during the first six months (except in cases of serious breaches of contract by the employer), and for the next two years, a change of employer may only be made through the placement agency that is a party to the contract;
  • furthermore, employers are required to notify the agency and the IGI (General Inspectorate for Immigration) within five business days in the event of an unexcused absence lasting more than three consecutive days, the termination of the individual employment contract, or situations of exploitation.

Contracts in effect on the date of entry into force of Order no. 655/2026 remain subject to the previous regulations, but all new contracts must comply with the approved framework models. Furthermore, placement contracts and service contracts must be concluded prior to obtaining a long-stay visa for employment or a residence permit for employment purposes, respectively, and individual employment contracts must be registered in REGES-ONLINE.

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