"Locul meu este acolo
unde deranjez cel mai mult"
(Paul Goma)
Avocata Ioana Banu (casa de avocatură Bora & Banu | Attorneys at Law) a anunțat că va oferi consultanță pro bono pentru ucrainenii care au fugit din calea invaziei rusești și vor să își caute un loc de muncă în România. De asemenea, Ioana Banu a redactat un ghid destinat refugiaților ucraineni și firmelor care vor să îi angajeze.
"Am pregătit un ghid pentru refugiații ucraineni și firmele care vor să îi angajeze.
Ajutorul nu se rezumă la cazare și hrană, trebuie să îi integrăm, să le redăm un minim de încredere în viitor. Munca e cea mai bună terapie și România are nevoie de ucraineni inteligenți.
Deși sunt cetățeni non-UE, ucrainenii pot fi angajați în România printr-o procedură mult simplificată, fără aviz de muncă.
Milioane de ucraineni sunt așteptați în Europa, așa că la nivelul UE se discută o strategie comună - activarea unui mecanism de protecție care ar permite ucrainenilor să intre și lucreze în statele membre UE, fără a parcurge procedura complexă de azil", a scris Ioana Banu pe Facebook.
Redăm ghidul redactat de avocata Ioana Banu:
"Is this a different type of WWIII?
Our democracy and European values are under attack. I’m writing this from my law office in Romania on 1st of March 2022. It’s business as usual here. Our lawyers received flowers as a token of spring. For far too many Ukrainians, today is not the beginning of spring. Today could be their last day. Today, Russia bombed Kharkiv's Freedom Square. The ❝Freedom❞ Square. This is the largest square in Europe, hosting more than 20 universities. Today, two Russian missiles hit the Freedom Square. Dozens were killed. People are dying in barbaric shelling. People like you and me. There is never an excuse - no matter the political circumstances – for us to kill each other’s children. When faced with humanity, corporate money must pale. We need bright Ukrainians on Romanian jobs. And Ukrainians need employment. Today, I am heartbroken. What can I do to help? Far too little. But I can do my job. I can encourage companies to hire Ukrainian refugees in a simplified procedure that doesn't require a work permit. Ukraine is giving away some of their best people. Assisting our clients on swift ways to hire Ukrainian personnel is a priority for our lawfirm. We need bright Ukrainians on Romanian jobs. And Ukrainians need employment. Not only money-wise, but to get back some sense of belonging. During these dreadful times, our law firm will offer pro bono advice to Ukrainians seeking counsel for work formalities in Romania, for whom our contact details are open. I will try to respond to as many concerns as possible via my social media profiles here on linkedin, as well as on facebook and instagram. The Article contains a few aspects to note for companies who want to hire under a simplified procedure Ukrainian refugees and Ukrainians seeking jobs here in Romania.
I. SIMPLER WAYS TO HIRE UKRAINIANS APPLY IN ROMANIA
Romanian companies can hire Ukrainians under simpler rules than normally applicable for hiring non-EU citizens
Until the European Council green lights Ukrainians to work across EU Member States under 'the temporary protection mechanism' (see point II below), Romanian companies can hire Ukrainians under simpler rules than those normally applicable for hiring non-EU citizens.
The simplified procedure allows Ukrainian citizens to be hired in Romania without having to obtain a work permit (in Romanian "aviz de munca") from the General Inspectorate of Immigrations (which can be a rather complicated procedure).
Ukrainian citizens may be hired without a work permit in the following 3 situations: (as regulated by Government Ordinance 25/2014 on the hiring and posting of foreigners in Romania, as well as for the amendment of certain legal enactments as regards the foreigners regime in Romania (GO 25/2014)):
(1) for a fixed-term of maximum 9 months during a calendar year;
In this situation, Ukrainians must be hired under a full-time employment contract (8h/day, 40 hours/week) (see Article 3 (1) letter o) of GO 25/2014).
For the declaration of revenue with the Romanian tax authorities, Ukrainians have to obtain a tax identification number (in Romanian "numar de identificare fiscala").
Note: After these 9 months, Ukrainian citizens who want to continue working in Romania can benefit from an extension, provided they obtain a work permit and file the full-time individual employment contract registered in the general register of employees, which shows the salary is at least at the level of the minimum wage (ie. 2,550 lei).
(2) in 3 months as of filing for asylum in Romania
Ukrainian asylum seekers may be hired in Romania after 3 months have elapsed from the date they officially submitted their asylum request in Romania. They may stay employed throughout the entire asylum procedure; in other words, for the entire duration while the asylum request is under analysis by Romanian authorities (according to Article 3 (1) letter k) of GO 25/2014 considered together with Article 17 (1) letter o) of Law 122/2006 on asylum in Romania).
Note: Even if many Ukranian citizens are submitting their asylum requests at the Romanian borders, the power to decide on granting asylum, lies, in principle, with the General Inspectorate of Immigrations.
Delays in finalizing the asylum procedure could be expected considering the struggle to cope with high demand, so point (2) is noteworthy since it allows companies to hire Ukrainians without a work permit before they are officially granted asylum.
Note: Asylum can be requsted even by Ukrainians who do not have identity papers.
Note: A potential decision whereby Romanian authorities refuse asylum may be attacked before the courts of law. In this case, the right to work as per point (2) above is extended throughout the entire duration of the trial.
(3) after being recognised as refugees or as benefiting from subsidiary protection
Ukrainians formally recognized in Romania as refugees or as benefiting from subsidiary protection (each defined below) have the same right to work as Romanian citizens (Article 3 (1) letter j) of GO 25/2014).
Note: Formal recognition is considered to be granted when Romanian authorities officially approve the asylum request with the stated protection.
Note: Ukrainians to whom protection has been formally recognized have the same rights as Romanians citizens, besides the right to vote and be elected in public office, including:
(a) to be employed by natural or legal persons, under the same conditions as Romanians, (b) to benefit from social insurance, social assistance measures and social health insurance, under the conditions provided by law for Romanians, (c) to benefit from equal treatment with Romanians regarding equivalence of studies or periods of study, recognition of diplomas and certificates of competence, as well as professional qualifications that give access to professions in Romania.
Definitions of the 2 types of protection which may be granted via the asylum request:
refugee status – is granted to a foreign national who, following a well-founded fear of persecution on the grounds of race, religion, nationality, political opinion or membership in a particular social group, is outside his/her country of origin and, who cannot, or, because of this fear, does not wish to, seek the protection of that country, as well as the stateless person, who, for the same reasons stated above, from outside the country in which he/she had habitual residence, cannot or, because of that fear, does not, wish to return to that country and to whom the grounds for exclusion from recognition of refugee status provided for in this law do not apply (see Article 23 of Law 122/2006 on asylum in Romania).
subsidiary protection – is granted to a foreign national or stateless person who does not meet the conditions for recognition of refugee status and for whom there are reasonable grounds for believing that in the event of return to the country of origin or country of habitual residence, he/she will be exposed to a serious risk, who cannot or, because of this risk, does not want, the protection of that country and to whom the reasons for exclusion from granting this form of protection provided by this law do not apply (see Article 26 (1) of Law 122/2006 on asylum in Romania).
The above-mentioned notion of 'serious risk' may include a serious, individual threat to life or integrity as a result of widespread violence in situations of internal or international armed conflict, insofar as the applicant is part of the civilian population (see Article 26 (2) point 3 of Law 122 on asylum in Romania).
The European Council may activate ‘the temporary protection mechanism’ under which displaced Ukrainians would be granted residency status and access to work across EU Member States.
II. GREEN LIGHT FOR WORK IN EU MEMBER STATES COULD BE EXPECTED
As the EU is preparing to welcome millions of Ukrainians, a common response might be required throught EU Member States.
On 1st March 2022, the President of the European Commission proposed to activate ‘the temporary protection mechanism’ under which displaced Ukrainians would be granted residency status and access to work in EU Member States, including Romania, without having to go through stiff asylum procedures.
Under ‘the temporary protection mechanism’, EU Member States would grant Ukrainian refugees, among other rights: (a) a residence permit for the entire duration of the protection (which can last from one year to three years), access to employment and access to social welfare or means of subsistence.
In principle, ‘the temporary protection mechanism’ would not apply to UK, Ireland and Denmark.
It remains to be seen if, how and when the European Council could activate this mechanism to open EU doors and acces to work to Ukrainians. This could also pave the way for EU welcoming other refugees who need our help.
Directive 2001/55/EC of 20 July 2001 which provides the temporary protection mechanism may be consulted here.
III. FINAL THOUGHTS. CALL TO ACTION.
I firmly believe we must fight for humanity.
This is a time for action not empty social media posts.
Integrating Ukrainian refugees in Romania is a must and would benefit all sides involved.
Romanian legislation provides tools for an easier employment of Ukrainians and EU mechanisms granting access to employment".
Sursa foto 2: Agerpres
