New obligations of employers on the employment of persons with disabilities

A new Emergency Ordinance (GEO no 127) was adopted on 7 November, amending Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities. The amendments introduced by the ordinance will enter into force starting with January 2025. It sets new obligations for employers in relation to the employment of persons with disabilities.

Law 448/2006 on the protection and promotion of the rights of persons with disabilities stipulates that public authorities and institutions, legal entities, public or private, which have at least 50 employees, have, have the obligation to employ disabled persons in at least 4% of the total number of employees.

Emergency Ordinance no. 127/2024 establishes that, starting with January 2025, for the fulfillment of the obligation provided for in Law 448/2006, employers must:

• provide evidence that, by written request, they have requested the support of nonguvermental organizations which, according to their statutes, provide services for the benefit of persons with disabilities, in order to comply with the percentage of 4% established by Law 448 / 2006. The written application will have to include the description of the attributions for the respective positions, the necessary qualifications, as well as the working norm;
• to submit to the National Authority for the Protection of the Rights of Persons with Disabilities and the National Agency for Employment the written request, as well as the proof of its transmission to the NGO, the, to communicate vacancies suitable for employment by persons with disabilities;
• to transmit annually, until January 31, for the previous year, to the National Authority for the Protection of the Rights of Persons with Disabilities and the National Agency for Employment, a centralised situation of the functions occupied by persons with employed disabilities and an inventory of the skills required for employment.