Mediation and work placement abroad

People who choose to work abroad usually use the services of companies that provide mediation services and job placement abroad, as they have don’t have a firm offer of work abroad or may not relate directly to potential employers abroad.

In Romania, private activity of mediation and work placement abroad is strictly regulated by law and companies that provide mediation services must meet certain conditions to carry out this work, namely:

People who choose to work abroad usually use the services of companies that provide mediation services and job placement abroad, as they have don’t have a firm offer of work abroad or may not relate directly to potential employers abroad.

In Romania, private activity of mediation and work placement abroad is strictly regulated by law and companies that provide mediation services must meet certain conditions to carry out this work, namely:

• Romanian Companies must be incorporated under Law no. 31/1990 and have as main activity “selection and placement of labor” or the Foreign Company must establish a Subsidiary in Romania, according to Law no. 31/1990.
• Both Romanian Companies and Subsidiaries of Foreign Companies are required to be registered in the special register at the Labor Inspectorate in whose area they are located and as operator of personal data to A.N.S.P.D.C.P.
• Recruitment of Romanian citizens for employment abroad can not be done by individuals, travel agencies and transport companies, representatives of the church or religious cults, non profit organizations or foundations.

To carry out the activity of mediation and employment of Romanian citizens abroad, private employment agencies must have signed contracts that contain the firm job offers from corporate, individuals and foreign business organizations, as appropriate.

Collaboration between job applicant and private employment agent having the main objective obtaining a job by first one is based on a written mediation agreement between the two parties. Only then both parties may prove the rights and obligations undertaken by them and in a situation where the job applicant had difficulties in carrying out the contract work abroad, he may address the competent court of civil litigation to recover pecuniary / financial damage suffered as a result of faulty activity of the employment agent or he can submit a complaint to the Labor Inspectorate.

The private employment agent may request the applicant to pay a mediation fee for the mediation services offered, in order to cover mediation costs.

Besides the fee representing mediation services, employment agencies should not charge any commission and will not require guarantees from those mediated, respectively from people employed abroad on individual work contract basis.

If mediation service fees are collected from foreign employers, employment agencies can not also claim payment for mediation services from the applicants for jobs abroad.

Choosing the company that will mediate the contract of employment abroad must be attentively done, respectively everyone should get the minimum information about the company that provides mediation services, such as those exemplified above, to ensure such the reliability, respectability and not finally the legality of provided services.

To prevent any unpleasant situations and to avoid companies that do not respect the law, when you decide to contact an employment agent you may request, under the provisions of Law no. 544/2001 on free access to public information, the Labor Inspectorate in whose area the agent is established to offer you information on accomplishing the registration obligation, the performed mediation activity and information about companies that no longer operate the selection and placement of manpower.