Rule introduced on 27 April 2026; update checked on 15 October 2026.
A company employing foreign nationals needs to coordinate employment documents with residence status and the date on which work can begin. A contract prepared only in Romanian, or an English version chosen automatically, may leave an important obligation unaddressed. A useful review starts before signing, involving the HR team, the person handling immigration matters and the company’s advisers.
What changed and when
Government Emergency Ordinance No. 32 of 23 April 2026 was published in Official Gazette No. 335 on 27 April 2026. Article 46 amended the Romanian Labour Code. The official consolidated text records the introduction of Article 16(1^9) on 27 April 2026.
A foreign national’s individual employment contract must be concluded in Romanian and in the language of their country of origin, or in an international language which they understand or can reasonably be presumed to understand. English may be suitable, but it should not be selected automatically for every person.
The Labour Code uses the term “foreign national” without expressly restricting this obligation to non-EU citizens. For the company, the starting point is the employment relationship and the rules applicable to it. Access to employment and residence requirements must be checked separately according to the person’s circumstances.
Why the language versions need checking
The practical aim is more than having another file in the personnel records. The person signing needs to be able to understand the agreed terms, while the company needs consistent documents. Differences between versions concerning the position, salary, working hours, workplace or contract duration can create uncertainty precisely when difficulties arise in the relationship.
A joint check of both versions, using the same date and relevant attachments, is useful. An unchecked automated translation can change a clause’s meaning or miss an update. This is an organisational recommendation: designate the person responsible for confirming the final version and keep clear records of the documents signed and provided to the employee.
What the company’s team should check
Before a new hire, prepare a short checklist:
- Establish the individual circumstances: nationality, current location, residence documents and intended employment relationship. Do not use the same checklist for a first move to Romania, a change of employer and a situation already under way.
- Choose the language of the additional version. Discuss it with the person and check whether they can understand the document. Nationality or knowledge of a few English expressions does not, by itself, settle this question.
- Compare clauses and attachments across the language versions. Review the actual document that the employee will sign, rather than only the company’s standard template.
- Distinguish the signing date from the date on which work may actually begin. Coordinate the internal timetable with immigration and medical checks; signing alone does not confirm that every requirement has been met.
- Check who retains the documents and who follows up on outstanding information. A recruiter, external provider and HR department may have different responsibilities, which should be clarified in the individual case.
Medical fitness certification is still required before work begins
The same ordinance introduced Article 27(6)–(7) of the Labour Code. A foreign employee may be hired without initially presenting the medical certificate confirming fitness for the job, but must obtain it no later than the date on which work begins. This flexibility at the hiring stage must therefore not be treated as permission to start working without the required medical assessment.
For planning purposes, the company can track contractual documents, residence-related documents and confirmation of fitness for the particular job separately. An incomplete file cannot be resolved by copying documents used for another employee.
Immigration transitional provisions do not automatically postpone the contract requirement
Article 48 of Government Emergency Ordinance No. 32/2026 provided for a stage, until 7 August 2026, dedicated to employer registration, agency authorisation and platform testing for the provisions specified in that article. That period has ended as of this update. The Labour Code amendments in Title III are not covered by that limitation. Articles 49–52 also provide for separate immigration transitional situations; applying them requires checking the history of the application and the person’s documents.
For existing contracts, the review starts with the date of conclusion, subsequent changes and the individual circumstances. Do not assume that every file requires identical treatment or that the mere existence of a translation resolves every legal issue.
The next step for employers
A preventive review can start with the contractual template in use, its language versions and an outline of the types of hiring planned. Murar & Associates provides legal assistance to employers and foreign nationals according to the relevant documents and procedures. For an initial discussion, briefly describe the situation and any urgency by email or through the website form. Arrangements for sending detailed documents can be made afterwards.
Official sources
- Government Emergency Ordinance No. 32/2026, Article 46 and Articles 48–52; Official Gazette No. 335 of 27 April 2026: Official text
- Romanian Labour Code, consolidated version consulted: Article 2(c), Article 16(1^9) and Article 27(6)–(7): Official text
- Institutional context: the General Inspectorate for Immigration’s Cluj announcement of 8 October 2026, highlighting the changed framework for employers and workers: Official text
This material provides general information. Advice on a hire or an existing file requires examination of the documents and the rules applicable to the individual circumstances. The official Romanian legal texts remain the sources for the rules described here.