On Tuesday, 8 March, Romania’s Emergency Ordinance no. 20/2022 was published in the Romanian official journal (Monitorul Oficial) setting out new support measures and humanitarian assistance for foreign citizens from Ukraine.1 The changes were adopted in view of the current situation in Ukraine and the mass migration it has generated. (For related coverage, see GMS Flash Alert 2022-045, 4 March 2022.)
WHY THIS MATTERS
The changes have been adopted by the government to support people who travel to Romania as a result of the armed conflict in Ukraine. The measures help ensure the right to education and health, protection of children and people with disabilities, as well as fiscal measures which aim to facilitate sponsorship and donations by companies.
One of the most important changes aims to smooth access of Ukrainian citizens to the Romanian labour market during the period of the armed conflict.
Right to Work in Romania
Ukrainian citizens who enter Romania, and do not request protection, can be employed in Romania without obtaining a work permit (an exemption from the normal rules for foreign citizens). They are granted the right to stay in Romania for work purposes, without being required to obtain a long-term visa for local employment.
In addition, they will have access to the Romanian unemployment system, under the same conditions applicable to Romanian citizens.
Ukrainian citizens who come from areas in Ukraine affected by the armed conflict, and who do not have supporting documents attesting their professional qualifications, can be employed, provided they file an affidavit with their Romanian employer. The purpose of the document is to confirm that they do not have a criminal record and that they have the necessary professional qualifications for the job. Employment of Ukrainian citizens under these circumstances can be made for 12 months, with the possibility of extension for six-month periods up to a maximum of one year.
Romanian employers can set a probation period when concluding the employment contract, during which they are able to check that the employee meets the professional requirements of the job. Employment of Ukrainian citizens based on an affidavit is not possible for Ukrainian citizens who intend to exercise a regulated profession in Romania (e.g., doctor, nurse, architect, etc.) whether independently or as an employee.
KPMG NOTE
The Ordinance does not make any reference to immigration procedures for family members of Ukrainian citizens who have the legal right to stay in Romania or any tax and social security facilities applicable to either Ukrainian citizens employed in Romania as a result of the armed conflict or Romanian employees who make donations.
FOOTNOTES
1 See “Ordonanta de Urgenta nr. 20 privind modificarea si completarea unor acte normative, precum si pentru stabilirea unor masuri de sprijin si asistenta umanitara,” publicată în Monitorul Oficial nr. 231 (8 Martie 2022) at: https://www.monitoruloficial.ro/Monitorul-Oficial--PI--231--2022.html.
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in Romania.
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