Facilitating and simplification the procedure for the employment of citizens of Ukrainian nationality by Romanian employers

I. Context

The military invasion of Ukraine by the Russian Federation and the ampleness of the massive influx of displaced persons also had an effect on the legal provisions in Romania. This once again highlights the fact that there is a strong, interdependent binding between law and society.

In this article, we will focus on the legislative changes in the area of labor law, determined by the present geo-political situation – amendments that can be of interest to employers who want to employ citizens of Ukrainian nationality.

The amendments that we will present forwards have had the effect of simplification the procedure for the employment of citizens of Ukrainian nationality, by renouncing the obligation to get certain notices or visas (necessary for other foreign citizens).

II. New amendments in the area of labor law

2.1  The European frame

The Council of the European Union adopted Implementing Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a massive influx of displaced persons from Ukraine

within the meaning of Article 5 of Directive 2001/55/EC and having the effect of introducing temporary protection. The Decision attests that on February 24, 2022, the Russian armed forces launched an invasion of Ukraine from several areas (Russian Federation, Belarus, and non-government-controlled areas of Ukraine). Thus, by 1 March 2022, over 650 000 displaced persons from Ukraine arrived in the European Union through Poland, Slovakia, Hungary, and Romania.[1]

Article 12 of Directive 2001/55/EC[2] of minimum standards for granting temporary protection in case of a massive influx of displaced persons and measures to promote a balance between Member States` efforts to receive those persons and support the consequences of such receiving, lays down certain rules on temporary protection.

Thus, the Member States authorize that, for a period that does not past the duration of temporary protection, those persons to carry out paid or independent activities, in accordance with the rules applicable to the chosen profession as well as to participate in activities such as educational activities for adults, vocational training courses, and practical training in the workplace.

The beneficiaries from these provisions are Ukrainian citizens resident in Ukraine who were displaced on or after February 24, 2022.

2.2 The national frame

From the perspective of internal law, the Government of Romania adopted Emergency Government Ordinance no. 20/2022, which introduced legislative amendments to the employment of Ukrainian citizens.

a) The common law regime

According to Article 36 of the Labour Code, foreign citizens and stateless persons can be employed through an individual employment contract, based on a labor permit or residence permit. Further, according to Article 40 paragraph 2 of the Government Ordinance no. 25/2014, the terms labor permit or residence permit mean employment notice or detaching notice.

In addition, the Government Ordinance no. 25/2014 establishes the general and special conditions for the employment on the Romanian territory of foreign citizens who are not exempt from obtaining the employment notice. Thus, this notice is necessary for permanent workers, trainee workers, seasonal workers, cross-border workers, and highly skilled workers. In addition to employment notice, Emergency Government Ordinance no. 194/2002 of the regime of foreigners in Romania requires obtaining a long-stay work visa.[3]

b) The special regime adopted by Emergency Government Ordinance no. 20/2022

By derogation from the common law regime presented previous, Ukrainian citizens who legally entered the territory of Romania and who do not request a form of protection can be employed without the employment notice, provided by the Government Ordinance no. 25/2014 on the employment and detaching of foreigners on the territory of Romania.

At the same time, Ukrainian citizens are extended the right of residence for work according to Emergency Government Ordinance no. 194/2002 on the regime of foreigners in Romania, without the obligation to obtain a long-stay work visa.

The employment of Ukrainian citizens, who do not have documents proving the professional qualification or experience in the activity necessary for employment, can be achieved for a period of 12 months, with the possibility of extension for periods of 6 months, for a maximum of one year, on the basis of their declaration on their own responsibility that they fulfill the conditions of professional qualification and work experience necessary for the employment they are to be employed and they have no criminal records that are incompatible with the activity they carry out or will carry out on the territory of Romania. This employment procedure was approved by Order of the Minister of Labor and Social Solidarity no. 301 of 9 March 2022 published in the Official Gazette no. 240 of 10 March 2022.

The employment of Ukrainian citizens is achieved in compliance with the provisions of the Article 29 and the Article 31 of the Labor Code, regarding the prior verification of professional skills of the person requesting employment, respective the establishment of a probationary period for the verification of skills, at the conclusion of the employment contract.

An important provision is that regulated in Article 6 paragraph 6 of the Emergency Government Ordinance no. 20/2022, where an exception was established to the possibility of hiring Ukrainian citizens who do not have documents to prove the professional qualification or work experience required for employment. Thus, it was established that in the case of Ukrainian citizens who want to practice in Romania, independently or as an employee, the professions of doctor, dentist, pharmacist, general medical assistant, midwife, veterinarian, and architect are not enough self-declaration.

The Ukrainian citizens legally entering Romania and who do not request a form of protection under the Law no. 122/2006 on asylum in Romania, have access to the unemployment insurance system, the measures to prevent unemployment, and the measures to stimulate employment, granted after registration with the county employment agencies, respectively the municipality of Bucharest, under the same conditions established for Romanian citizens by the Law no. 76/2002.

III. The conclusions

The legislative amendments were necessary to identify a solution that could ensure faster access for Ukrainian citizens from the armed conflict zone in Ukraine to the Romanian labor market.

These amendments were imposed given their need to secure a source of labor income and represent a degression of the state budget. If the Ukrainian citizens did not have their own sources of income, the cost of maintaining them would be sustained by the public budget.

In this context, the Emergency Government Ordinance no. 20/2022 introduced important simplifications regarding the possibility of Romanian employers employing citizens of Ukrainian nationality. All these simplifications are bivalent because they benefit both employers and potential employees.

MAXIM / Asociații

Diana Fechete

18.05.2022

[1] https://eur-lex.europa.eu/legal-content/RO/TXT/PDF/?uri=CELEX:32022D0382&from=RO
[2] https://eur-lex.europa.eu/legal-content/RO/TXT/PDF/?uri=CELEX:32001L0055&from=RO

[3]Alexandru Țiclea, Labor Code commented and annotated with related legislation and relevant jurisprudence, Universul Juridic Publishing House, Bucharest, 2017, p. 109.