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Gov't adopts clarifications to legislation regarding foreign employers' changing jobs

News.ro
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The government completed at its Friday meeting the specific legislation regarding the conditions under which foreign workers are allowed to work a new job during the validity period of the single permit or the EU Blue Card, at an employer other than the one who obtained the employment approval.

According to a release from the Labour Ministry, the changes were adopted in order to stop unfair practices that disrupted the activity of companies and which caused material harm to the initial employer, the one who - in principle - bears all the expenses needed to bring the foreign citizen to Romania.

Due to this situation, the Executive introduced new rules. Thus, a foreign worker who holds an individual employment contract registered less than a year ago shall be able to switch to another employer only on the basis of the written agreement of the original employer, Agerpres informs.

The regulatory act also provides that, if the foreign worker changes their job but remains with the same employer who obtained the initial employment permit, the new permit shall be issued to the employer without the need to meet all the general requirements and, as the case may be, all the special requirements for the issuance of such a document for permanent workers or trainees.

A new employment approval is issued to another employer, during the single permit or the EU Blue Card's validity period, only provided that all general or special requirements are met, as the case may be.

These provisions do not apply if the individual employment contract is terminated at the initiative of the previous employer, by agreement of the parties or by the resignation of the foreign citizen, if the employer fails to fulfill their legal obligations assumed under the employment contract.

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