Posting Workers to Romania: A1 Certificates & Compliance

When the posted-workers rules apply

Law 16/2017 applies to any employer established in another EU/EEA Member State that temporarily sends an employee to Romania to perform work, including:

• Provision of services under a contract between the foreign employer and a Romanian beneficiary
• Intra-group postings to a subsidiary, branch or establishment in Romania
• Temporary work agency assignments where the user undertaking operates in Romania

Mandatory pre-arrival obligations

• Prior declaration to the Romanian Labour Inspectorate (Inspecția Muncii) before posting begins — submitted electronically
• Designation of a contact person in Romania authorised to liaise with authorities and receive documents
• Holding employment contract, payslips, working-time records and proof of social contributions available for inspection
• Obtaining a valid A1 portable document confirming the worker remains covered by home-state social security (Regulation 883/2004)

Equal-treatment and salary parity (Directive 2018/957/EU)

Since 30 July 2020 posted workers are entitled to the same remuneration as comparable local employees — not just the minimum wage. This includes all mandatory bonuses, allowances and supplements established by Romanian law or by universally applicable collective agreements.

After 12 months (extendable to 18) on assignment, almost all Romanian labour-law conditions apply, except dismissal procedures, supplementary occupational pensions and certain procedural rules.

Inspection and sanctions risk

• Failure to notify before posting: fines 5,000–9,000 RON per worker
• Failure to make documents available: 5,000–10,000 RON
• Liability is joint and several: the Romanian beneficiary can be pursued for unpaid wages of the posted worker
• Repeated breaches can trigger publication on the public ITM register and exclusion from public tenders