The number of foreign students studying in Romanian universities is constantly increasing year by year. Students from non-EU third countries can work in Romania during their studies under the conditions provided by law.

According to the Labour Code, foreign citizens and stateless persons can be employed under individual employment contracts on the basis of an employment permit or a residence permit for work purposes.

Therefore, foreigners wishing to work in Romania must usually first obtain an employment permit, then a work residence visa, and then a work permit, all of which are approved by the Immigration Inspectorate.

However, foreigners with the right of temporary residence for studies can be employed in Romania without an employment permit, but only with a part-time individual employment contract with a maximum working time of 4 hours per day.

Once the employment contract has been concluded, the employer has 10 days to notify the Immigration Inspectorate of the conclusion of the contract and of any changes to the contract.

After completing his/her studies, the foreigner may apply for an extension of the temporary residence permit for employment purposes, but this time he/she must also obtain the employment permit issued by the Immigration Inspectorate.

In order to gain access to the Romanian labour market, another procedure that non-EU students must follow is the recognition of diplomas obtained by third-country nationals in the education systems of their country of origin. They must apply to the National Centre for the Recognition and Equivalence of Diplomas within the Ministry of National Education. 

It should be noted that the recognition of the diploma or certificate is only for the purpose indicated.  Therefore, the diploma or act of study recognised for the purpose of employment cannot be used for the purpose of continuing studies. This requires a new recognition procedure to be launched for a different purpose.

An advantage is that the foreigner no longer needs to obtain a work visa, but only needs to obtain an employment permit and then replace the residence permit with a work permit after completing his/her studies.

It should be noted that all individual employment contracts concluded by foreigners legally residing in Romania are automatically suspended from the date on which the employer becomes aware that the General Inspectorate for Immigration has established the obligation to return the foreigner concerned.

The General Inspectorate for Immigration informs in writing the employer of a foreigner about the establishment of the obligation to return him/her, within a maximum of 10 days from the order of this measure.

Author: Attorney at law, Cristian Badea, Law Office Grecu & Partners.