MMFTSS opens SME consultation on the list of shortage occupations and foreign workers’ access to the labour market

Romania’s Ministry of Labour, Family, Youth and Social Solidarity (MMFTSS) has launched a consultation addressed to small and medium-sized enterprises (SMEs) on amending and supplementing Order of the Minister of Labour no. 987/2026, which approves the Methodology for drawing up and updating the list of shortage occupations provided for in art. 1 (4) of Government Emergency Ordinance no. 32/2026 on the access of foreign nationals to Romania’s labour market.

The consultation aims to assess the project’s effects on the business environment, with a focus on micro-enterprises and small and medium-sized enterprises. The contributions received will be analysed when finalising the project and preparing the SME Test report.

The first proposed amendment lowers from 10 to 5 both the threshold for full-time individual employment contracts (CIM) concluded by employers with foreign nationals and the threshold for employment approvals provided for in art. 6. At the half-yearly update provided for in art. 11, the CIM threshold is lowered to 5, without introducing an additional criterion on approvals. The thresholds apply per occupation and do not represent the number of employees each employer must have.

The second amendment proposes a 10-calendar-day deadline for analysing and communicating the outcome of update proposals in the situations provided for in art. 14 and, where the analysis is favourable, for preparing the project and initiating the update. Adoption and publication of the order remain subject to the legal procedures.

The assessment looks at the effects of the proposals on access to labour, costs and administrative burdens, differentiated by enterprise category and the nature of the activity. Low-volume recruitment situations are also relevant, to the extent that they can be documented by respondents.

The proportionality analysis takes into account the economic freedom and operating conditions of enterprises, together with the objectives on employment and worker protection. Including an occupation in the list requires verifying all the conditions laid down in the methodology, and recruitment from third countries is carried out in compliance with applicable legislation.

The consultation form can be submitted until 29 October 2026, 12:00, to dgfm@mmuncii.gov.ro, and confirmation of participation is expected by 29 October 2026, 10:00, stating the participant’s name, the entity represented and the mode of participation. Business organisations are encouraged to disseminate the materials to interested members. The consultation documents and the draft order are available on the MMFTSS website.