Access to the labour market

Romania

Country Report: Access to the labour market Last updated: 30/11/20

Author

JRS Romania Visit Website

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]

 

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,[4] 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.[5]

 

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.

 

In practice, access to labour market also depends on the economic power of the city or region.

 

Timișoara: There are jobs available and beneficiaries may easily find a job, even if they do not speak Romanian, in fast-food shops owned by people from the foreign community. As a consequence, they may work and face no language barrier.[6]

 

Bucharest: IOM reported that the difficulties encountered by the beneficiaries of international protection in 2018 in accessing the labour market, still persists in 2019. 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. Another difficulty encountered is the level of knowledge of Romanian language, which usually is required at an advanced level.[7]

 

Şomcuta Mare: According to the JRS representative, persons accommodated in the centre are periodically informed about available jobs in the area by AIDRom. There are a couple of companies which constantly recruit people in the unskilled labour sector. There were 2 beneficiaries of international protection legally working in Baia Mare. No problems or difficulties in accessing the labour market were reported by the JRS representative, who also mentioned that if the beneficiaries are willing to work, jobs will be found for them. Even though there are jobs available, beneficiaries have not expressed interest in seeking employment. Beneficiaries do not intend to remain in Şomcuta Mare because it is a small city and there is no community of foreigners; they prefer to go to Cluj, which is one of the most developed cities in Romania. According to ASSOC, in 2018, one of the obstacles faced by beneficiaries is the Romanian language. However, many of the beneficiaries do not make efforts to learn it. Even though employers are flexible and understanding, people often leave without any notice but because they are unsatisfied with the salary received.[8] In 2019, the ASSOC representative reported that there were no obstacles faced by beneficiaries.[9]

 

Galaţi: It was reported that several beneficiaries transferred their integration programme to Bucharest where there is a foreign community. 95% of the beneficiaries are leaving Galaţi and heading to Constanta or Bucharest. There are jobs available especially in the unskilled labour sector and employment offers are received from different companies. The employers are requiring a basic or intermediary knowledge of Romanian language or English. There were beneficiaries who accepted to work for 1,200 RON / €255 and others who refused such jobs.

 

Rădăuţi: Even though it is a small city there are some jobs. However, few beneficiaries are interested. Beneficiaries are reluctant to work for the minimum wage of around €300. Their interest in learning Romanian depends on the teaching methods applied. According to the JRS representative, 1 family finalised the integration programme.

 

Giurgiu: According to the JRS representative, the main obstacles in finding a job are the language barrier, the lack of diplomas and the lack of qualifications. Beneficiaries also have higher salary expectations than what can be offered.

 

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.[10]

 

If the beneficiary would like to be employed in a position according to his or her qualifications, he or she has to obtain the recognition and validation of his or her 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:[11]

  1. Standardised application;
  2. 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;
  3. 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,
  4. Copy if studies are in Romanian, English, French, Spanish or Italian;
  5. Copy and legalised translation into Romanian for other languages;
  6. Copy if studies are in Romanian, English, French, Spanish or Italian;
  7. Copy and legalised translation into Romanian for other languages;
  8. 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:
  9. Copies of personal identification documents i.e. passport, identity card, proof of name change if applicable;
  10. 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 AIDRom representative in Timișoara and Save the Children, if the beneficiary of international protection has studied in the country of origin, CNRED does not require Apostille or over-legalisation. CNRED only requires Apostille if the studies are completed in another country. However, according to IOM, depending on the country of origin, CNRED may require Apostille or over-legalisation of beneficiaries' diplomas.[12]

 

The AIDRom representative from Timișoara reported that there is always a need to follow-up on the cases submitted at CNRED, as it often happens that the person handling the file does not answer. As a consequence, the legal counsellor of AIDRom sends requests to CNRED management in order to receive a reply.[13]

 

The recognition procedure lasts 2-6 months according to the AIDRom representative from Timișoara. According to IOM, the procedure lasts 2 months and beneficiaries receive support from the NGOs implementing integration projects. In Timișoara beneficiaries receive assistance from NGOs and also from the Department of International Relations of universities where they would like to apply.[14]

 

Şomcuta Mare: It was reported that 2 beneficiaries of international protection, medical doctors, from Iraq and Syria, respectively, requested the equivalence of their professional qualifications. The Iraqi national submitted the request at the Ministry of Education at the beginning of 2019 and received an answer in June 2019. He was informed that he needs to pass 8-9 exams in order to receive the diploma. The Ministry does not inform the applicant where he or she is supposed to take the exams; it only mentions that they have to be accredited institutions. The 2 beneficiaries had to inquire at universities if it is possible for them to take the necessary exams. One university informed them that they have to enrol at university and take all the courses from the first academic year until the last one. Later on, the beneficiaries were informed by one person from the community that they have to present the explicit curriculum, with all the subjects taught in their country of origin. The Iraqi national submitted the curriculum at the Ministry of Education and he received the diploma. The ASSOC representative, reported that they had no cases of such in 2019.[15]

 

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]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). 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.

[5]Article 376(1) Act 95/2006 on Health Reform.

[6]Information provided by AIDrom, 16 January 2019.

[7]Information provided by IOM Romania, 18 November 2019.

[8]Information provided by ASSOC, 30 January 2019.

[9]Information provided by ASSOC, 5 March 2020.

[10]Article 20(1)(r) Asylum Act.

[11]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.

[12]Information provided by IOM Romania, 18 November 2019.

[13]Information provided by AIDRom, 16 January 2019.

[14]Information provided by IOM Romania, 18 November 2019.

[15]Information provided by ASSOC, 5 March 2020.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation