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TurkceA Turkish worker legally employed in Romania gradually acquires rights that a worker from another third country does not have. They come from EU law, not from Romanian legislation. Here is what they cover and what they do not.
The legal basis. The Association Agreement between the European Economic Community and Turkey, signed in 1963, and Decision No 1/80 of the Association Council. Romania, as a Member State, is bound by both. The Court of Justice of the European Union has held that Article 6(1) has direct effect: a worker may rely on it before national authorities, without any need for it to be transposed into Romanian law.
Three stages, not two. After one year of legal employment, a Turkish worker is entitled to the renewal of his work permit with the same employer, if a job is available. After three years, he may respond to another offer of employment in the same occupation, from an employer of his choice, subject to the priority given to workers of the Member States. After four years, he enjoys free access to any paid employment of his choice.
What it does not cover. This is the most important point and the one most often misunderstood. Decision No 1/80 confers no right of entry into Romania. First admission, the visa and the first right of residence for work remain entirely a matter for the Romanian state, which since 27 April 2026 means OUG no. 32/2026. The Court has confirmed this consistently. An employer who assumes a worker can be brought in from Turkey without going through the procedure on WorkinRomania.gov.ro is mistaken, and exposed to the penalties set out in the ordinance.
What legal employment means. Rights accrue only from periods of legal employment, accompanied by legal residence, in a stable position in the labour market. Annual leave, maternity leave, accidents at work and short periods of sickness count as legal employment. Involuntary unemployment duly certified by the authorities and long absences through illness do not count, but they do not destroy rights already acquired.
Family members. Article 7 gives rights of their own to those authorised to join the worker: after three years of legal residence they may respond to an offer of employment, and after five years they have free access to any paid employment. Children who have completed vocational training in Romania may respond to any offer, whatever the length of their residence, provided one parent has been legally employed for at least three years.
Two provisions that are easy to overlook. Article 8 requires Member States, where a vacancy cannot be filled from the Union labour market and a decision is taken to recruit from outside it, to endeavour to give priority to Turkish workers. Article 10 prohibits any discrimination based on nationality as regards pay and other conditions of work.
The standstill clause. Article 13 prohibits Member States from introducing new restrictions on the conditions of access to employment for workers and members of their families legally resident and employed. Whether, and to what extent, that clause bites on rules that entered into force in 2026 is an open legal question, assessed case by case. It is not an argument an employer should rely on alone.
What this means in practice. For a first hire, the procedure is the same as for any third-country national. The difference comes later: a Turkish worker with four years of legal employment is no longer tied to a single employer and a single occupation. For an employer planning for the long term, that stability matters.