Author
Beneficiaries of international protection have the right to be employed by natural or legal persons, to carry out voluntary activities, to exercise free professions and to carry out legal acts, to carry out acts and deeds of commerce, including independent economic activities, under the same conditions as Romanian citizens.[1] There are no differences between refugees and subsidiary protection beneficiaries in relation to access to employment.
Beneficiaries participating in the integration programme are registered as individuals looking for a job at the National Agency for Employment, within 30 days of signing the protocol.[2]
In order to carry out measures to stimulate employment, the National Agency for Employment, through its agencies, has the obligation to draw up an individual plan for each person included in the integration program and register them as a person looking for a job, according to the legal provisions. For this purpose, IGI-DAI provides information on the education and professional profile of the beneficiaries. The National Agency for Employment may also collaborate with NGOs in order to inform, counsel or provide other services to beneficiaries of international protection.
Unemployed beneficiaries of international protection included in the integration programme may also benefit from relocation, mobility or activation allowance, if they are registered as unemployed.[3]
IGI-DAI[4] and the National Employment Agency[5] do not have statistics on the number of beneficiaries of a form of protection working in Romania. CNRR[6] indicates that in November 2023 a Job Fair organised by the National Employment Agency took place, offering a variety of jobs for skilled and unskilled people. CNRR accompanied 8 people from Somalia in finding a job.
As part of the “My place” project implemented by JRS, educational activities were organised to facilitate integration into the labour market. AJOFM sent JRS vacant job postings, which were assigned to beneficiaries. Until October 2023 (where the project closed due to lack of AMIF national funding) BIPs received support to contact potential employers, to create a CV, register with AJOFM, etc.[7]
Obstacles to access in practice
Although beneficiaries of international protection have the same rights as Romanian citizens when it comes to access to labour market, there are some fields where there is limited or no access. For example, doctors with refugee status or subsidiary protection do not have the right to practice medicine in Romania[8] unless they are married to a Romanian citizen, they are family members of an EU citizen, or they have a Long-Term Residence permit granted by Romania or an EU Member State.[9]
Legally there are no limitations imposed on beneficiaries of international protection regarding access to labour market. In practice, knowledge of Romanian language (and in some cases English) may hinder beneficiaries’ access to labour market. In addition, many of the beneficiaries do not have diplomas that certify their studies, which makes it impossible for them to apply for certain positions.
According to CNRR in 2023,[10] beneficiaries of international protection in Romania are mainly employed in the HORECA (it is the acronym for the hospitality industry: Hotels, Restaurants, Catering), and construction. They are generally paid the minimum wage, which does not allow a decent living, especially in the case of families with several children. This is also JRS Romania’s observation at least for those living in Region 2.[11] Beneficiaries of international protection have the possibility to follow the “Second Chance” educational programme in order to complete their studies and to follow vocational training courses. In practice, these are not accessed as they lack the financial resources to support themselves during the programme, preferring to take unskilled jobs. It is even more complicated for single mothers with several children. For educated people, accessing the labour market is easier, however they also face certain difficulties because they are unaware of the legal provisions and of their rights, and are victims of pressure from employers to work overtime or to accept delayed pay, for example.
The situation was the following as of 2022:
Timișoara: According to AIDRom representative, beneficiaries do not encounter difficulties in finding a job, they just have to be willing to work. AIDRom assists them in finding a job. As reported last year, the lack of knowledge of Romanian language is considered an impediment. Some of the employers are also reluctant to hire foreigners for various reasons, such as: employers have no knowledge of a widely spoken language and cannot communicate with their employees; employers are not knowledgeable in applicable law and believe they have to pay higher or different taxes for beneficiaries.[12]
Bucharest: according to the representative of the centre 10 beneficiaries were employed during the year. The difficulties encountered by the beneficiaries of international protection in accessing the labour market, reported by IOM Romania since 2018, still persist in 2021. Mainly for beneficiaries who do not have diplomas, certificates of studies or qualifications. Some of the employers are not aware of the conditions under which foreigners can be employed in Romania and of the status of beneficiaries of international protection. Lack of knowledge of Romanian language, at a satisfactory level was also reported as an impediment to finding a job.[13]
Şomcuta Mare: LADO/ASSOC mentioned that there were no obstacles to finding a job as a beneficiary, but for many of them the language barrier is and remains a problem.[14] The director mentioned that 10 beneficiaries were employed during 2022.
Galaţi: It was reported that several beneficiaries transferred their integration programme to Bucharest where there is a foreign community and a better job offer then in Galati. 50% of the beneficiaries leave Galaţi and head to Cluj, Bucharest and other cities and even to other countries. There are jobs available especially in the unskilled labour sector and employment offers are received from different companies and every month from AJOFM. Employers from the construction industry come directly to the centre. The employers require a basic or intermediary knowledge of Romanian language or English. They may face hurdles in finding a job because of lack of diplomas and knowledge of Romanian language; age was also an impediment for some beneficiaries. The situation was the same in 2023.[15] A beneficiary failed to obtain recognition of his diploma because the respective job does not exist in Romania. According to the director of the centre 14 beneficiaries were employed during 2022.
Rădăuţi: it was reported that even though there are available jobs, the salaries are low and as a consequence the majority of beneficiaries leave Rădăuţi and head to bigger cities such as Iasi, Cluj or Bucharest or even to other countries. According to the centre representatives seven beneficiaries were employed during 2022.
Giurgiu: According to the AIDRom representative, there are available jobs for beneficiaries. Moreover, they received support from AIDRom in finding a job. Seven beneficiaries were legally employed in 2022.
As for the impact of the pandemic in accessing the labour market AIDRom stated that there have been many layoffs or reduced working hours and therefore wage cuts. This was also reported by IOM Romania.[16] Many of their beneficiaries worked in HORECA sector, which was the most affected.[17]
Recognition / equivalence of professional qualifications
According to the Asylum Act, beneficiaries of international protection have the right to equal treatment to Romanian citizens regarding the equivalence of studies or periods of study, the recognition of diplomas, attestations and certificates of competency, as well as of professional qualifications which give access to regulated professions in Romania, in accordance with the regulations in force.[18]
If the beneficiary would like to be employed in a position according to their qualifications, they have to obtain the recognition and validation of their diplomas. The request for recognition and validation of diplomas is assessed by the National Centre for Recognition and Validation of Diplomas (CNRED), within the Ministry of Education.
The request should include the following documents:[19]
- Standardised application;
- Certificate (act) of study for equivalence or recognition:
- Copy if studies are in Romanian, English, French, Spanish or Italian;
- Copy and legalised translation into Romanian for other languages;
- Transcript or any other document from the education institution certifying the courses taken. If the recognition of the specialisation, or the field of study is not mentioned in the diploma,
- Copy if studies are in Romanian, English, French, Spanish or Italian;
- Copy and legalised translation into Romanian for other languages;
- Other relevant documents e.g. full programme of course for the pursuit of a regulated profession in case of study documents obtained in third countries:
- Copy if studies are in Romanian, English, French, Spanish or Italian;
- Copy and legalised translation into Romanian for other languages;
- Copies of personal identification documents i.e. passport, identity card, proof of name change if applicable;
- Processing fee of 50 RON / €11.
The CNRED website also mentions that Apostille or over-legalisation is required for the authentication of the diplomas subject to recognition. For states parties to the Hague Apostille Convention, diplomas subject to recognition must be addressed to the Hague Apostille by the competent authorities of the issuing countries. Education titles in Italy, Greece, Spain, Portugal and Cyprus are covered by the Hague Convention Apostille, whereas other EU Member States are exempted.
For States who are not party to the Hague Apostille Convention, education titles shall be legalised or accompanied by the Certificate of Authenticity issued by the competent authorities of the country of origin. The legalisation is applied by the Ministry of Foreign Affairs of the issuing country and the Embassy / Consular Office of Romania in that country or by the Ministry of Foreign Affairs of the issuing country and its Embassy / Consular Office in Romania and the Ministry of Foreign Affairs of Romania. For countries where there are no diplomatic missions of Romania or who do not have diplomatic missions in Romania, titles are endorsed by the Ministry of Education and the Ministry of Foreign Affairs of the issuing country.
When requested, CRNED did not clarify whether this procedure also applies to beneficiaries of international protection. However, in case Apostille is required for beneficiaries, this would be contrary to the essence of international protection, as the person would be required to request the over-legalisation or Apostille from the Ministry of Foreign Affairs of the issuing country and its Embassy., according to IOM Romania and AIDRom, depending on the country of origin, CNRED may require Apostille or over-legalisation of beneficiaries’ diplomas.[20]
According with CNRR[21], with regard to the recognition of studies, for study documents issued in languages other than Romanian, English, French, Spanish, Italian, the beneficiary of international protection must submit a certified translation of the documents. This type of translation involves having the text translated by an authorised translator and having the translator’s stamp and signature legalised by a notary public. The documents submitted to the certified translator and notary public must be in original form. If the person does not have access to the original document, in practice, they can often only obtain a certified translation based on a copy of the document. Although the National Centre for the Recognition and Equivalence of Diplomas also accepts certified translations, it does not result clear from the legislation this exception and this leads sometimes to confusion.
The recognition procedure lasts 30 days according to IOM Romania. Beneficiaries receive assistance from them and from the Department of International Relations of universities where they would like to apply or from NGOs.[22]
As of 2022, the situation was the following:
LADO/ASSOC reported that the procedure lasts from two or three days to a maximum of 30 days. Beneficiaries may be assisted in this process by the Romanian language teacher or the counsellor who works in the centre.[23]
No similar cases were reported in Rădăuţi and Şomcuta Mare.
Galati: the JRS representative mentioned that requests for recognition of diplomas were submitted in 2022 and 2023. All were solved positively, except in cases where the job provided by the diploma does not exist in Romania. The average duration of the procedure is 45-120 days.
In Timișoara the AIDRom representative reported the case of a beneficiary who requested the equivalence of medical studies but failed the Romanian language test.
IGI-DAI does not keep statistics on the number of beneficiaries of international protection in employment.
[1] Article 20(1)(c) Asylum Act.
[2] Article 24 Integration Ordinance.
[3] Article 25 Integration Ordinance.
[4] Information provided by IGI-DAI, 18 January 2024.
[5] Information provided by the National Employment Agency, 10 January 2024.
[6] Information provided by CNRR, 16 January 2024.
[7] Practice based observation by JRS Romania, April 2024.
[8] The issue was debated during a meeting on 26 October 2017 with representatives of the Romanian Government, the College of Doctors, IGI, NGOs, UNHCR and the International Organisation for Migration (IOM Romania). The conclusions of the meeting were that the Government will analyse the proposals and will try to find solutions. See EMINET, ‘Obținerea dreptului de practică de către medicii străini, în contextual deficitului de personal din sistemul de sănătateromânesc’, 26 October 2017, available in Romanian at: http://bit.ly/2hK7lUb.
[9] Article 376(1) Act 95/2006 on Health Reform.
[10] Information provided by CNRR, 16 January 2024.
[11] Practice based observation by JRS Romania, April 2024.
[12] Information provided by AIDRom, 14 January 2022.
[13] Information provided by IOM Romania, 19 February 2022.
[14] Information provided by LADO/ASSOC, 20 February 2023.
[15] Practice based observation by JRS Romania, April 2024.
[16] Information provided by IOM Romania, 19 February 2022.
[17] Ibid.
[18] Article 20(1)(r) Asylum Act.
[19] CNRED, Recunoaşterea studiilor superioare ale cetăţenilor din state membre UE, SEE şi din Confederaţia Elveţiană, membrii de familie ai acestora, posesorii unui permis de şedere pe termen lung CE și refugiați, în vederea accesului pe piața forței de muncă, available in Romanian at: http://bit.ly/2ySVHRc.
[20] Information provided by IOM Romania, 18 November 2019.
[21] Information provided by CNRR, 16 January 2024.
[22] Information provided by AIDRom, 3 March 2021.
[23] Information provided by LADO/ASSOC, 20 February 2023.