When posting employees across borders within the European Union, companies inevitably face the complexities of employment law and compliance in different jurisdictions. An important obligation in this respect, especially within the European Union, is the requirement to notify the host country’s local authorities when posting employees.
In Romania, this obligation is particularly important because the law requires employers from other EU Member States to inform the Romanian Labour Inspectorate (ITM) before their employees begin working on Romanian territory. For HR professionals, legal advisors, and global mobility specialists, understanding this obligation is key to ensuring smooth business operations and avoiding potentially costly penalties.
In this article, we will explore the EU legal framework, how Romania has implemented the rules, what companies must do in practice, what deadlines and documents are required, and the penalties for non-compliance. By the end, you will have a clear picture of why this rule exists and how your company should manage it when posting employees to Romania.
The Posted Workers Directive 96/71/EC, reinforced by the Enforcement Directive 2014/67/EU and later amended by Directive 2018/957/EU, sets the foundation for the posting of employees within the EU. This Directive ensures that employees temporarily sent to another Member State benefit from a core set of employment rights in the host country, such as minimum wage, working hours, rest periods, and health and safety protections.
The Enforcement Directive went further, introducing mechanisms for transparency and monitoring. Specifically, Article 9 requires Member States to establish national systems for prior notification. In practice, this means that every EU country must oblige foreign employers to inform their authorities before posting employees within their territory.
Why is this important?
Because without prior notification, national authorities cannot monitor whether posted employees are working under fair conditions or whether social security contributions and taxes are handled correctly. Notification helps prevent abuses such as undeclared work or underpayment.
For employers, this translates into a straightforward but non-negotiable compliance duty: when posting employees to Romania, or to any other EU country, notification is mandatory.
Romania, as EU member state, implemented the EU provisions through Law no. 16/2017 on the posting of workers in the framework of transnational services. The provisions of this law apply to all foreign employers established in EU/EEA countries or Switzerland that temporarily send employees to Romania.
As per the Law no. 16/2017, employers must submit a prior notification to the Romanian Labour Inspectorate (ITM) at the start of an employee’s assignment to Romania. The rule applies regardless of the nationality of the employee. For example, if a German company employs a Brazilian national under a German contract and posts him temporarily to Romania, the notification obligation still applies. The critical factor is the cross-border service provision from an EU-based employer to a Romanian one.
This notification system allows the Romanian authorities to monitor posting employees in real time and ensures that workers enjoy the host country’s labour rights. It also creates a paper trail that can be used in case of disputes or inspections.
The Romanian ITM notification for posting employees is not just a formality. Employers must also provide certain important information, including:
The information provided must be accurate and up to date. If there are changes during the posting period – such as an extension of duration or change of work location – the employer must submit an updated notification.
In Romania, the law is very clear: the notification must be filed no later than the working day before the posting begins. For example, assuming an employee’s posting would start on 3 November 2025 (as 1st and 2nd of November are weekend days), then the posting notification must be submitted no later than the 31st of October. This is a strict deadline. Submitting the notification on the same day the employee starts work is not considered compliant.
For HR departments and global mobility teams, this means planning significantly before start date. Posting of an employee should always be coordinated with enough time ahead to prepare the assignment related documents, obtain the A1 social security certificate, and notify the ITM. Last-minute assignments or urgent postings can create serious risks if the notification is overlooked.
In addition, employers must keep copies of the notification and other relevant documents (assignment contract, payslips, working time records) available for inspection in Romania. ITM inspectors may request these documents at any time during the posting period.
Failure to comply with the notification requirement is considered a contravention under Romanian law. The Romanian Labour Inspectorate can impose administrative fines ranging from RON 5,000 to RON 9,000 (approx. EUR 1,000–1,800) per worker for non-compliance.
Of course, sometimes the consequences can go beyond financial penalties:
For these reasons, fulfilling the notification requirement should be treated as a non-negotiable step in any employee posting process.
One frequent question HR teams raise is whether the nationality of the employee matters. For example, what if the posted worker is not an EU citizen but is legally employed in an EU country?
The applicable law (Law no. 16/2017) makes it clear: the notification obligation applies as long as the employer is established in an EU/EEA country or Switzerland, regardless of the employee’s nationality. So, a German employer posting employees of Brazilian nationality still has the obligation to notify ITM before the assignment starts in Romania.
This ensures that all employees benefit from the same protections across the EU territory, as per the Posted Workers Directive, avoiding gaps based on nationality.
Do you have any experience with the process of posting employees to Romania that you can share with our community or readers? Please post some useful advice below in the comment box.
