According to the legislation in force, the residence permit for work in Romania is strictly conditioned by the activity carried out on the national territory. When an employee no longer shows up for work and there are indications that he/she has left the country to work in another EU country without legal transfer, the employer can notify the General Inspectorate for Immigration (IGI), which has at its disposal the alert tool in the SIS. This European alert system can block the worker's return to Romania or his or her access to other forms of legal employment in the EU for a period of between three and five years, depending on the regulations.
Yosef Gavriel Peisakh, general manager of the agency Work From Asia, points out that these situations have become increasingly common and that a clearer administrative framework is needed, with accessible information for all stakeholders.
"We are not asking for relaxation of the rules, but simply for clarity and dialog. It is essential that we know and that non-EU workers know what happens when they leave Romania without a legal transfer. Are they flagged in SIS? What does this alert entail? For what period is it active? And above all: how can employers and workers prevent these consequences by taking fair and swift action?" says Yosef Gavriel Peisakh.
Work From Asia calls on the authorities to regularly publish statistics on the number of non-EU citizens who have left Romania outside the legal framework, how many of them were subsequently detected in other EU countries and how many of them were entered into the SIS. The information would contribute to a better understanding of the phenomenon and to preventing cases of irregular migration, which affects not only workers, but also the reputation of employers and Romania's image as a responsible and predictable state in managing international labor.
"We are fully aware that the phenomenon of unauthorized departures is a real one and that it sometimes produces negative administrative or legal effects. That is why we are open to contributing, with all the information we have from the market, to any analysis or consultation on this issue, if the IGI considers it useful. We want solutions that protect workers' rights, provide a predictable legal framework for employers and maintain Romania's standards of compliance and image in relation to other EU Member States", adds Yosef Gavriel Peisakh.
In the absence of simplified reporting mechanisms, such as a direct option in REVISAL or a standardized digital form, many small employers find it difficult to report these cases effectively, and workers leave without realizing the long-term implications for their right to work legally in Europe.
Yosef Gavriel Peisakh points out that many Filipino, Nepalese or Indian nationals who have work permits in Romania believe that they can apply for employment directly in other EU countries during a visit, unaware that this is prohibited under EU law and can attract severe sanctions, including a ban on entry or deportation.
"Romania must remain an example of fairness and efficiency in its relations with European partners. This is why we believe that a preventive approach, based on information, transparency and collaboration, is in everyone's interest. We offer our full availability to contribute, in a professional and constructive manner, to any effort to clarify and improve current practices", concluded the Work From Asia representative.
