IMM Romania has called for amendments to the draft emergency ordinance on the recruitment of workers from third countries, arguing that its current form imposes costs and procedures that could significantly hinder SMEs' access to the workforce they need, according to a press release sent to AGERPRES on Wednesday.
"Following the meeting of the National Council of IMM Romania on 13 January 2025, attended by 60 presidents of employers' organisations, IMM Romania expresses its opposition to the emergency ordinance on the registration and obligations of employers of foreign nationals, the authorisation and operation of agencies placing foreign workers on the Romanian labour market, as well as to the amendments and additions to certain legislative acts, in its current form," the release said.
IMM Romania considers that the draft law complicates the recruitment of foreign labour, which Romanian SMEs genuinely need and cannot find on the domestic market. At the same time, the proposed provisions would significantly increase costs, ultimately borne by SMEs, risking a blockage of legal recruitment and negatively affecting economic activity.
"We support the need for legislation that facilitates access to foreign labour, ensures shorter processing times and minimises administrative and bureaucratic costs. Given that SMEs are the ones going through this process and bearing all related costs, they must be protected and benefit from predictability, including through guaranteeing the maintenance of the employment relationship with the worker for a period of two years," the organisation's representatives said.
IMM Romania also calls for "the removal of the list of shortage occupations and the shortening of the processing time for single applications for foreign workers".
"Given the labour shortage and the need to reduce the processing time for applications to import labour from third countries, provisions regulating the List of Shortage Occupations should be removed; otherwise, SMEs will be forced to wait up to six months for updates, with no guarantee that the real needs of the economy will be reflected. Innovative or niche businesses, as well as projects requiring specific skills, will not be able to develop in Romania due to the lack of access to the necessary human resources," the document adds.
At the same time, IMM Romania requests that SMEs be responsible only for reasonable recruitment-related costs, in line with international principles under which employees should not pay for the right to work, without transferring additional financial obligations that are not their responsibility.
It also calls for the introduction of a transition period allowing all files submitted under the current legislation to be processed, in order to avoid administrative blockages and financial losses. The one-month deadline provided for in the draft emergency ordinance is insufficient to resolve submitted applications, the source notes.
Regarding the requirement to establish a EUR 200,000 guarantee deposit for recruitment agencies, IMM Romania argues that this measure indirectly transfers additional costs to SMEs and would eliminate small and medium-sized agencies that cannot afford such a guarantee.
The organisation proposes the creation of a guarantee fund within the National Credit Guarantee Fund for SMEs, consisting of an initial fund and a contribution for each worker arriving in Romania.
IMM Romania also warns that the sanctioning system provided for in the draft law is excessively harsh and disproportionate to the offences sanctioned, reflecting a lack of trust by the authorities in the private sector. It calls for the system to respect legal principles, so that SMEs and private agencies are not held liable for the actions of third parties, and sanctions are proportionate to the offence.
"Through this draft law, the state implicitly acknowledges its inability to fulfil its legal responsibilities, failures consistently manifested in recent years, and seeks to transfer these duties to the private sector. This approach distorts commercial relations between economic operators and penalises private operators for failing to meet obligations for which they do not hold public authority powers,' the statement adds.
The employers' organisation considers it unacceptable that SMEs and private agencies are sanctioned for situations beyond their will or control and for which they have no real means of prevention or oversight, amounting to an abuse of authority and creating legal uncertainty for Romania's business environment.
"By implementing this draft normative act, Romanian economic operators are placed at a disadvantage compared to companies in other EU states, which benefit from more permissive and less bureaucratic legislation regarding access to labour from non-EU countries. In other EU member states, there are already functional and efficient models for recruiting labour from non-EU countries," the document states.
For example, in Hungary, for skilled trades and shortage positions, the total recruitment process for a third-country national - including selection, obtaining a single permit, visa issuance and the actual start of work - typically takes between two and three months. This predictable timeframe allows employers to plan their economic activity without major administrative blockages.
At the same time, the Hungarian state has concluded bilateral agreements and created institutional mechanisms with certain labour-supplying countries, facilitating a faster and safer hiring process for non-European citizens, as well as their repatriation in cases of non-compliance, thus balancing economic needs with control of legal migration.
IMM Romania calls for an impact assessment, the application of the SME Test and a revision of the draft law through genuine consultation with the business community, so that the final version is balanced, predictable and adapted to the real needs of the Romanian economy.
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