Mediation in finding and entering employment out of Romanian borders between Romanian citizens and their employers is strictly regulated by the current legislation.
Thus, mediation regarding the employment of Romanian citizens abroad should be made by the Labour Migration Office and Employment agencies.
The latter, above mentioned as Employment agencies, should meet the following conditions:
- to be trading companies, as Law no 31 of 1990 on foreign trading companies requires;
- its main activity to be in accordance with NACE CODE 7450 : “About selection and placing of workers”
- to be placed in a proper location for work and to be equipped with proper facilities;
- to be registered at the Territorial Labour Inspectorate;
- to store a collection of data regarding employment offers and requests;
- their work offers to be firm, to include information regarding the duration of the contract, number of employees, the occupation and profession needed by the employer, the salary.
Employment agencies must be able to provide to the Romanian applicants information about the position of the job, the duration of employment, the employment conditions and termination of the employment, the monthly salary and other salary rights, the working conditions, the possibility of transferring the employee to Romania, etc.
In order to perform mediation activities, the Employment agencies will sign a mediation contract in writing with the employee.
The applicants should be charged only after the mediation contract is signed; if the foreign employers pay for the mediation services, the Employment agencies should not charge the applicant.
If the Employment agencies will not be able to deliver job offers in time, they should pay back the full amount of money representing the mediation fee or should provide a partial refund to the applicants.
To what it concerns other guarantees and/or commision charges, apart from the mediation fee, the current legislation specifically states that the applicants should not be charged by the Employment agencies.
Publisher: Budușan & Associates