Changing employer: rules, deadlines, documents

One of the most common employer concerns is: "I invest in bringing the worker here and he leaves for another company after two months." OUG 32/2026 (Emergency Ordinance no. 32/2026 on the access of foreign nationals to the labour market) introduced new, stricter rules for changing employer. This article explains them briefly: who can initiate the change, when, through whom, and what rights the initial employer has.

The basic rule: 6 months without a change at the foreign national's initiative

Art. 40 para. (2) OUG 32/2026: a foreign national on a D/AM2 visa (permanent, seasonal or cross-border worker) may not initiate a change of employer for 6 months from the date work began in Romania, as registered in REGES-ONLINE (the electronic employee register). The same rule appears in OUG 194/2002 (the law on the status of foreign nationals), art. 56 para. (13): during the validity of the permis unic (single permit), the foreign national may change employer by resignation only after at least 6 months from the start of work with the previous employer.

The exception: serious breach by the employer

Art. 40 para. (3) OUG 32/2026 and art. 56 para. (14) OUG 194/2002 allow the foreign national to initiate the change before 6 months "in duly justified cases of serious breach by the employer of the contractual clauses and conditions or of the employment relationship" – for example non-payment of salary, dangerous accommodation conditions or work in an occupation other than the one in the contract. The WorkinRomania.gov.ro platform automatically unlocks the change-of-employer functions depending on the sanctions applied to the employer (art. 16 HG 602/2026).

From 6 months to 2 years: only through the agency

After the 6 months (or in case of serious breach), art. 40 para. (4) provides that the foreign national may change employer only through the placement agency that is party to the contract de plasare (placement contract), until 2 years have elapsed from the start of work registered in REGES-ONLINE. During this period, the agency is obliged to present the worker with at least two offers from the Lista ocupațiilor deficitare (List of shortage occupations) if the contract ends (art. 39). If the agency's authorisation has been withdrawn, the change is made directly, under art. 56 para. (9)–(12) OUG 194/2002 (para. (5)).

The deadlines in brief

How the change is actually made

1. Termination of the contract with the old employer (resignation after 6 months or another form of termination), registered in REGES-ONLINE. The old employer notifies IGI and the agency within 5 working days (art. 7 para. (1) letter e)).
2. The new employer must be registered in the platform and have a job vacancy declared to ANOFM in a shortage occupation (for D/AM2).
3. The new bilingual CIM is concluded, full-time and with a salary at least at the minimum-wage level, and registered in REGES-ONLINE.
4. The agency (or the employer, as applicable) files a single application for extension of the right of residence in the platform, under art. 56 para. (9) letter e) OUG 194/2002. No new visa and no exit from the country are needed.
5. After approval, the foreign national books an appointment with IGI (General Inspectorate for Immigration) within 10 days for biometrics and issuance of the new single permit, on which the new employer's code is entered (art. 56 para. (11), art. 107 para. (2^12)).

What the initial employer can recover

Art. 40 para. (9) OUG 32/2026: if the foreign national does not respect the 6-month period, the employer may recover the amounts invested in Romanian language courses (the obligation under art. 7 para. (1) letter g)), accommodation and transport. Recovery is pursued through civil proceedings, based on the placement contract and payment documents; this is why it is important that the ofertă fermă (firm job offer) and the placement contract clearly state which costs the employer has borne.

Workers brought in under the old law

Art. 51 OUG 32/2026: from 8 August 2026, foreign nationals holding a right of residence for employment obtained on the basis of a work authorisation notice (old regime) change employer under art. 56 para. (9)–(12) OUG 194/2002, i.e. through a single application for extension. The new employer may file these applications directly, without an agency, within a calendar year, for at most as many foreign nationals as its average annual number of employees in the previous year (para. (2)). Work authorisation applications for a change of employer under the old regime were accepted by IGI only until 7 August 2026 (art. 50).