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The Romanian Parlament

Law no. 53/2025 for amending and supplementing certain normative acts in Foreigners' domain

Effective May 08, 2025

Published in the Official Gazette, Part I no. 395 of May 5, 2025.

Form applicable on 08 May 2025.

The Parliament of Romania adopts this law.

Art. I. – "Government Emergency Ordinance no. 194/2002 on the regime of foreigners in Romania, republished in the Official Gazette of Romania, Part I, no. 421 of June 5, 2008, with subsequent amendments and completions, is amended and supplemented as follows:

1. In Article 33(4), after letter e), a new letter is inserted, letter f), with the following content: "f) the employer has been liquidated or is in insolvency, does not carry out economic activities, has not paid the obligations to the state budget, has been definitively convicted for a crime provided by Law no. 53/2003 - Labor Code, republished, with subsequent amendments and completions, or has been sanctioned, in the last 6 months, according to the provisions of art. 36 para. (1) of the Government Ordinance no. 25/2014 on the employment and posting of foreigners on the territory of Romania and for the modification and completion of some normative acts regarding the regime of foreigners in Romania, approved by Law no. 14/2016, as subsequently amended and supplemented, to the provisions of art. 260 para. (1) letter e) or e1) of Law no. 53/2003, republished, with subsequent amendments and completions, or according to the provisions of art. 8 para. (1) of the Government Decision no. 905/2017 on the general register of employees, in the case of seasonal workers."

2. Article 56(4)(b) shall be repealed.

3. In Article 77(3), after letter g), a new letter is inserted, letter h), with the following content:

" h) the employer has been liquidated or is in insolvency, does not carry out economic activities, has not paid the obligations to the state budget, has been definitively convicted for a crime provided by Law no. 53/2003, republished, with subsequent amendments and completions, or has been sanctioned, in the last 6 months, according to the provisions of art. 36 para. (1) of the Government Ordinance no. 25/2014, approved by Law no. 14/2016, as subsequently amended and supplemented, to the provisions of art. 260 para. (1) letter e) or e1) of Law no. 53/2003, republished, with subsequent amendments and completions, or according to the provisions of art. 8 para. (1) of the Government Decision no. 905/2017, in the case of seasonal workers."

Art. II. - Government Ordinance no. 25/2014 regarding the employment and posting of foreigners on the territory of Romania and for the modification and completion of certain normative acts regarding the regime of foreigners in Romania, published in the Official Gazette of Romania, Part I, no. 640 of August 30, 2014, approved by Law no. 14/2016, with subsequent amendments and completions, is amended and completed as follows:

1. Article 6(1), letter b) shall be amended and shall read as follows:

" (b) the certificate stating that in the Trade Register or, as the case may be, in the Register of Associations and Foundations there have been no mentions regarding the opening of the bankruptcy or liquidation procedure."

2. Article 11(2), letter b) shall be amended and shall read as follows:

" (b) the foreigner whom the employer intends to place in the vacant job meets the conditions of professional training, experience in activity or authorization provided by the legislation in force for the occupation of that job, exclusively in the case of regulated professions."

3. In Article 11, after paragraph (3), a new paragraph shall be inserted, paragraph (4), with the following content:

"(4) In the situation in which the long-stay visa for the purpose of employment or the right of temporary residence for the purpose of employment has been revoked under the conditions provided for in art. 33 para. (4) letter f) or, as the case may be, in art. 77 para. (3) letter h) of the Government Emergency Ordinance no. 194/2002, republished, with subsequent amendments and completions, the employer is responsible for paying the seasonal worker two minimum gross wages guaranteed in payment, as well as the outstanding obligations that the employer should have complied with if the long-stay visa or the right of temporary residence had not been revoked."

4. In Article 28, after paragraph (22), a new paragraph shall be inserted, paragraph (23), with the following content:

(23) Applications for the issuance of employment permits for the employment of seasonal workers, under the conditions provided for in Art. 12 para. (4), shall be resolved within 15 days from the date of their registration."

5. At the mention of transposition, point 1 shall be amended and shall read as follows:

1. Art. 3 letters b) and c), Art. 5 para. (2) and (4), art. 6 para. (2) and (6), art. 7, art. 8 para. (2) and (4), art. 10, art. 15 para. (9), Art. 16, Art. 17 para. (1) - (3), art. 20 para. (2) and art. 24 para. (1) of Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and residence of third-country nationals for the purpose of employment as seasonal workers, published in the Official Journal of the European Union, L series, no. 94 of 28 March 2014;".

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This law transposes the provisions of art. 5 para. (4), art. 6 para. (6), art. 8 para. (2) letter b), art. 15 para. (1), art. 16 and art. 17 para. (2) of Directive 2014/36/EU of the European Parliament and of the Council of 26 February 2014 on the conditions of entry and residence of third-country nationals for the purpose of employment as seasonal workers, published in the Official Journal of the European Union, L series, no. 94 of 28 March 2014.

This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 and art. 76 para. (2) of the Constitution of Romania, republished.

PRESIDENT OF THE CHAMBER OF DEPUTIES

CIPRIAN-CONSTANTIN ŞERBAN

p. THE PRESIDENT OF THE SENATE,

MIRCEA ABRUDEAN

Bucharest, April 30, 2025.

No. 53.

Useful links:

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