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deFlorina Babau October 20, 2021

The disability fund paid by the employer shall be increased

Linked to the increase in the minimum wage, the contribution for the non-employed disabled will be implicitly increased by companies and public authorities employing at least 50 employees.

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According to Article 78(3) of Law No 448/2006, public authorities and institutions, as well as legal, public or private persons with at least 50 employees, are obliged to employ disabled persons in at least 4 % of the total number of employees. Otherwise, they may opt for one of the following obligations:

(a) pay monthly to the State budget an amount representing the minimum gross basic salary per country guaranteed in payment, multiplied by the number of jobs in which disabled persons have not employed;

(b) pay monthly to the State budget an amount equivalent to at least 50 % of the minimum gross basic salary per country guaranteed, multiplied by the number of jobs in which they have not employed disabled persons, and by the amount representing the difference up to the amount specified in (a) to purchase, on a partnership basis, products or services produced by the self-employed activity of disabled persons employed in approved protected establishments. Protected establishments are approved according to O.M.M.F.P.S. nr. 1372/2010 for approval of the approval procedure of protected establishments, as amended and supplemented thereafter.

Following Government Decision No.1.071/2021, published in Official Gazette No. 950 of 5 October 2021, the minimum gross salary per country will be lei 2.550 as of 1 January 2022, which also entails the corresponding increase of the contribution for non-classified disabled persons. Private firms and public entities with more than 50 employees will pay a higher contribution to the disability fund as of 1 January 2021 if they fail to meet the obligation to employ a certain minimum number of disabled people.

As of January 1, 2022, employers will pay a higher amount of 2.550 lei (as compared to the current 2.300 lei) or the number of jobs that disabled people have not hired. For example, a company with 50 employees should employ at least 2 disabled persons. If the firm does not make such employment, the firm may opt to pay to the State the minimum gross basic salary per country guaranteed in payment, multiplied by the number of jobs in which the disabled person did not hire and/or partially make purchases from protected units. Assuming that the company does not hire or purchase products from protected units, the value of the obligation to the disability fund will increase by 500 lei per month.