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I am looking to start a recruitment agency in Romania and help Romanian citizens looking to work abroad, but I am not familiar with the registration. Can your lawyers in Romania provide legal advice, please?
This sort of employment mediation activities can be developed either by companies established under Law no. 31/1990, as well as by subsidiaries of foreign companies, established in Romania. The main condition you need to fulfill regards the activity of the company, which must be registered within the 7810 CAEN code referring to the “placement agencies Activities of labor”.
Because we fully understand the extent and difficulty of the process, please feel free to contact Darie, Manea & associates for professional legal advice and guidance throughout the process of starting a recruitment agency in Romania. Our law firm in Romania can provide you with a registered office in Romania and manage the entire registration of your company.
Are there any other special conditions one must meet in order to start a recruitment agency?
Yes, Law no. 156/2000 that regulates this matter provides specific requirements for employment agencies. Our attorneys in Romania highlight the following:
- have the space and facilities necessary for the proper conduct of business;
- have employed, experienced personnel in the workforce;
- organized a database which contains offers and requests for jobs abroad, information about their employment conditions and the qualifications and skills of their their applicants;
- concluded contracts that contain firm offers of employment with legal entities, individuals and business organizations abroad;
- are registered at the Territorial Labor Inspectorate in whose jurisdiction they are established.
The contracts concluded with legal entities, individuals and foreign business organizations, containing solid offers of employment shall include at least the following:
- the duration of the contract;
- the number of jobs abroad for which the contract is concluded;
- working and resting time;
- the obligations Romanian citizen employees abroad;
- function, profession or occupation;
- the nature and duration of the employment, the conditions of the employment, of termination of employment or re-employment;
- the hourly and monthly salary, as well as the wage payment dates;
- the benefits, overtime and other labor rights;
- the cases in which the salary rights can be traced;
- the duration, manner of granting and the financial rights related to the annual leave;
- working conditions, safeguards and safety at work;
- the possibility of transferring the salary in Romania;
- health insurance for Romanian employees, similar to that of citizens of the host country;
- the compensation of Romanian employees for occupational accidents, occupational diseases or death;
- conditions of housing, living or, where appropriate, rental housing and feeding;
- ensuring the formalities, establishing the conditions for transport from Romania to the state that provides the job offers and the return of the Romanian citizens and their family members who accompany or visit them, as well as bearing the related costs thereto;
- fees and contributions chargeable on the Romanian citizens’ income, ensuring the avoidance of double taxation or the double social security contributions;
Our Romanian lawyers also point out one more important issue: if you decide to open a recruitment agency, you have the legal obligation to ensure that the labor contract is concluded in the Romanian language as well.
Recruitment agencies also operate through authorized recruitment agents that need to get an authorization with the Labor Ministry.
Darie, Manea & associates can represent you before all the competent authorities and provide you with the legal assistance you need in order to obtain all the authorizations on the matter. Do not hesitate to contact one of our lawyers in Romania for professional legal guidances.
I heard that there might be some changes concerning the recruitment agencies. What can you tell me about it?
Yes, there might be some changes regarding the recruitment agencies in the near future. Our Romanian lawyers advise you that there is currently a law project awaiting moderation by the Chamber of Deputies that seeks to modify the above mentioned law.
A few of the changes, presented by the experts at our Romanian law firm, concern the following:
- the installment of the mediation contracts that have to be concluded between the recruitment agencies and the person seeking jobs abroad;
- sending a quarterly report to the TLI regarding the situation of the persons mediated and/or hired abroad;
- the gratuity of the mediation activities.
Our team of lawyers in Romania is set out to provide you with any further information you may need regarding the process and the factors that make Romania a great investment country.
You can also find more information about opening up companies in Romania, the tax system and the registration process on our website.