Author
Asylum seekers have access to the labour market following 3 months from the lodging of the application, if no decision has been taken by IGI-DAI due to no fault of the applicant, or during the appeal stage.[1] This means that if a decision was made in the administrative phase of the procedure, the asylum seeker is allowed access to labour market even sooner than 3 months. Persons who, at the time of filing an application for asylum, have a right of residence on the territory of Romania and are working legally, may continue to work.[2]
Access to the labour market is granted under the same conditions set out in law for Romanian citizens.[3] Accordingly, there is no labour market test, sectoral limitation or other restriction laid down in the law.
The Asylum Law prescribes that asylum seekers may benefit, upon request, from mediation services, professional information and counselling services provided to persons seeking employment by the County Employment Agencies (AJOFM).[4]
In order to be registered as a job seeker by the AJOFM and to benefit from the aforementioned services, asylum seekers must present the documents requested by law, except for the civil status documents issued by the country of origin, together with their temporary identity document issued by IGI-DAI and a certificate which confirms their right to work. The same conditions apply for asylum seekers’ participation in a vocational training programme or the evaluation of professional competences acquired through non-formal means.
Diplomas or certificates of education or graduation, as well as certificates of professional competence, qualification or other relevant documents, are accepted only if they are recognised on the territory of Romania according to the applicable legal provisions.
According to the law, asylum seekers who have access to the labour market have the right to benefit from measures promoting employment, as well as protection within the unemployment insurance system, under the conditions provided by the law for the Romanian citizens.[5] Moreover, the provisions of the Asylum Law on access to employment for asylum seekers also refer to the possibility to participate in vocational training programmes.[6]
From the discussions held with the stakeholders, it appears that in 2022, asylum seekers did not face obstacles in finding a job, as information about available jobs were provided to them. The jobs advertised by stakeholders were in the unskilled labour sector. As a result, asylum seekers did not encounter problems related to the lack of Romanian language knowledge, diplomas or other documents that would prove their qualifications. The majority of asylum seekers were reportedly unskilled workers in their country of origin.
In 2023, according to CNRR[7], asylum seekers have the right to work after 3 months after they submitted the asylum request, if they don’t receive a decision from the Immigration office, or even earlier than 3 months, in case they get into the judicial phase. Moreover, according with CNRR[8] the majority of asylum seekers wanted to have a job during the reference period. In practice, it is very difficult for them to find a job or pursue vocational training. The main obstacle indicated by the asylum seekers assisted by CNRR was lack of proper knowledge of the Romanian language. However, the ones who spoke English were able to find a job more easily. Other obstacles included the lack of personal documents (study/work diplomas) or the lack of necessary study level/work experience. These impediments force many asylum-seekers to take up low-skilled or underqualified jobs, but also impedes access to qualification courses and vocational training. Moreover, despite the fact that they can benefit from Employment Agency services in finding a job, they rarely rely on these due to the language barrier and the lack of proper counselling. These issues expose them illegal work and exploitation. From the cases identified, asylum seekers did unskilled work in construction, car service, car wash, fast food, delivery services.
The situation in 2022 was as follows:
Bucharest: According to the director of the centre 33 asylum seekers were employed during the year.
Rădăuţi: There were four asylum seekers legally employed.
Şomcuta Mare: Asylum seekers are considered to not face many obstacles in finding a job as they are informed by IGI-DAI and NGOs about the available jobs in the area. The persons accommodated in the Regional Centre are also periodically informed of available jobs by AIDRom. It was reported that five asylum seekers were employed in 2022. Galaţi: it was reported that there were asylum seekers working in the unskilled sector. NGOs are constantly informing asylum seekers about the job advertisements provided monthly by AJOFM. Five asylum seekers were employed during 2022, according to the director of the centre.
Timișoara: according to the director of Timișoara Regional Centre two to three asylum seekers requested proof of their right to work, but the director was not aware if they had been employed. The Save the Children representative stated that they had left before finding a job.
Giurgiu: the director reported that 10 asylum seekers were employed in 2022.
The number of applicants who were employed as of the end of 2019 was 26.[9] IGI-DAI reported that the number of asylum seekers employed at the end of 2021 was 18.[10] The number of asylum seekers with right to work was also provided – 276 compared to 970 in 2020.[11]
In 2023, the National Employment Agency stated it did not have statistics on the number of asylum seekers working under employment contracts.[12]
[1] Article 17(1)(o) Asylum Act.
[2] Ibid.
[3] Ibid.
[4] Article 6^1(1)-(5) Asylum Decree.
[5] Article 17(1)(o^1) Asylum Act.
[6] Article 6^1(4) Asylum Decree.
[7] CNRR, Input by civil society organisations to the Asylum Report 2024, 2023, available here.
[8] Information provided by CNRR, 16 January 2024.
[9] Information provided by IGI-DAI, 20 February 2020.
[10] Information provided by IGI-DAI, 10 March 2022.
[11] Information provided by IGI-DAI, 16 February, 2021.
[12] National Employment Agency, 10 January 2024.