Employment of persons with disabilities in Romania

In recent years, there have been many changes regarding the rights of people with disabilities in the workplace. Disability does not mean denying the right to work. Moreover, there is a wide range of regulations and procedures which, if followed, ensure the proper integration of people with disabilities into the labor market.

The legislative framework

The rights of persons with disabilities regulated by Law 448 of 2006.

Law No. 448/2006, Article 2, Paragraph (1) defines as follows: “persons with disabilities are those persons whose social environment, which is not adapted to their physical, sensory, psychological, mental, and/or associated impairments, totally prevents or limits their access to equal opportunities in society, requiring protective measures to support their social integration and inclusion.”

Art. 78 Para. (1) of Law No. 448/2006 specifies that “Persons with disabilities may be employed according to their professional training and work capacity, as attested by the disability certificate.”

For the integration of persons with disabilities into work, employers shall ensure their access to adapted employment, in accordance with their functional potential and ability to adapt. Persons with disabilities are guaranteed equal opportunities in the performance of their work and are ensured access to the workplace and adaptation of tasks in accordance with their functional potential.

Facilities for persons with disabilities

Article 80 of Law 448/2006 stipulates that persons with disabilities may also be employed to work from home, in which case the natural or legal person employing them is obliged to provide transport to and from their home for the raw materials and materials they use in their work and the finished products they produce.

Persons with disabilities who are looking for a job or are employed are entitled to the following rights under Art. 83(1) of Law 448/2006:

a) vocational training courses;

b) reasonable accommodation in the workplace;

c) counseling prior to employment and during employment, as well as during the probationary period, from a counselor specializing in labor mediation;

d) a paid probationary period of at least 45 working days upon hiring – although we have a probationary period of up to 30 calendar days provided for in Article 31, paragraph 2 of the Labor Code, the provisions of Law 448/2006 take precedence over the Labor Code;

e) paid notice of at least 30 working days, granted upon termination of the individual employment contract at the employer’s initiative for reasons not attributable to the employer;

f) the possibility of working less than 8 hours per day, in accordance with the law, if recommended by the evaluation committee.

Persons with disabilities who are employed are also entitled, under Article 147 of the Labor Code, to additional leave of at least three working days, in addition to the minimum 20 days provided for in the Labor Code.

According to Article 60 of the Tax Code, individuals with severe or profound disabilities are exempt from paying income tax on income from salaries and similar sources.

Facilities of disabled persons employers

Natural or legal persons employing disabled persons may establish protected units authorized by the Secretariat of State for Disabled Persons. Authorised protected units, which are set up specifically to employ persons with disabilities, also benefit from certain advantages, such as exemption from authorisation fees, exemption from corporate tax (provided that at least 75% of the exempted fund is reinvested) and other rights granted by local government authorities financed from their own funds.

Art. 84 of Law 448/2006 mentions that employers of disabled persons benefit from the following rights:

a) deduction, when calculating the taxable profit, of the amounts related to the adaptation of the protected jobs and the purchase of the machinery and equipment used in the production process by the disabled person;

b) deduction, when calculating the taxable profit, of the expenses related to the transport of disabled persons from home to work, as well as the expenses related to the transport of raw materials and finished products to and from the home of the disabled person, employed for work at home;

c) settlement from the unemployment insurance budget of the specific expenses related to the training, training and vocational guidance and employment of disabled persons;

d) a subsidy from the state, under the conditions provided by Law no. 76/2002 on the unemployment insurance system and the stimulation of employment, with subsequent amendments and completions.

Obligations of employers on the employment of disabled persons

According to the legislation in force, public authorities and institutions, legal, public or private persons, which have at least 50 employees, are required to employ disabled persons in a percentage of at least 4% of the total number of employees. Public authorities and institutions, legal entities, public or private persons, which do not employ disabled persons under the specified conditions, can opt for one of the alternatives below:

a) monthly payment, to the state budget, of an amount representing the minimum gross basic salary per country guaranteed in payment multiplied by the number of jobs in which they did not employ persons with disabilities;

b) the monthly payment to the state budget of an amount equivalent to at least 50% of the minimum gross basic salary guaranteed in payment multiplied by the number of jobs in which they did not employ disabled persons, and the amount representing the difference up to the amount provided in item a to purchase, on a partnership basis, products and/or services carried out by the own work of disabled persons employed in approved protected establishments.

As of January 2025, the government imposed new obligations on employers with more than 50 employees. These obligations are found in the article: https://www.ascentgroup.ro/noi-obligatii-ale-angajatorilor-privind-angajarea-persoanelor-cu-dizabilitati/

The law provides benefits for people in this difficult situation, and employers have a number of obligations and facilities to support the integration of these categories into the workforce, ensuring them equal access to employment opportunities.