In the Official Gazette of Romania dated January 28, 2025, the Joint Order of the President of the National Authority for the Protection of the Rights of Persons with Disabilities (“A.N.P.D.P.D.“) and the President of the National Employment Agency (“A.N.O.F.M.“) for the implementation of the provisions of Article 78, paragraphs (22)-(24) of Law No. 448/2006 on the protection and promotion of the rights of persons with disabilities (“Joint Order No. 28 of January 20, 2025” or the “Order“) was published.
1. Legal context
According to Law No. 448/2006 on the protection and promotion of the rights of persons with disabilities (“Law No. 448/2006“), employers with at least 50 employees are required either to employ persons with disabilities in a percentage of at least 4% of the total number of employees or to make contributions for the unfilled positions designated for persons with disabilities.
Government Emergency Ordinance No. 127/2024 on certain social measures (“G.E.O. No. 127/2024“) amended and supplemented Law No. 448/2006 by introducing three new paragraphs in Article 78, namely paragraphs (22)-(24).
These amendments introduce additional obligations for employers with at least 50 employees:
i. The obligation to request support from non-governmental organizations (NGOs) through a written request;
ii. The obligation to submit to A.N.P.D.P.D. and A.N.O.F.M. both the request addressed to the NGOs and proof of its submission;
iii. The obligation to report annually, by January 31, to the aforementioned authorities, a report on the positions held by persons with disabilities in the previous year.
2. Rationale for the adoption of Joint Order No. 28 of January 20, 2025
Given that the provisions of G.E.O. No. 127/2024 are already in force, the presidents of A.N.P.D.P.D. and A.N.O.F.M. issued Joint Order No. 28 of January 20, 2025, in force as of the date of publication, in order to clarify how employers will fulfill their new obligations. In this context, both the template of application form and the template of centralized statement are made available.
3. Effects
Employers who have not fulfilled their obligation to employ persons with disabilities at the minimum percentage required by law are required to seek support from at least three (3) non-governmental organizations (NGOs) within ten (10) days of reaching the threshold of 50 employees.
These NGOs must have in their statutes the provision of services for the benefit of persons with disabilities and must operate within the territorial jurisdiction of the employer’s headquarters. Additionally, these organizations must be registered in the National NGO Register and must not be deregistered, in liquidation, or dissolved, as per the provisions of the Order.
In addition to the model of the application form that must be submitted to both the NGOs and the two competent authorities, accompanied by proof that it has been sent to at least three NGOs, the Order also includes the model for the centralized report.
Thus, the centralized report must include the following information:
a. The number of approved/existing positions in the previous year;
b. The number of vacant positions in the previous year;
c. The titles of the positions occupied by employed persons with disabilities;
d. The total number of positions occupied by persons with disabilities;
e. The competencies required for employment, corresponding to each occupied position.
4. Recommendations
Although there are currently no specific sanctions for employers who fail to comply with these obligations or formalities, employers should be aware that the general legal provisions regarding employers who do not employ persons with disabilities remain applicable, namely:
a) The obligation to make a monthly payment to the state budget, equivalent to the guaranteed gross minimum wage per country, multiplied by the number of jobs not filled by persons with disabilities; or
b) Alternatively, the obligation to pay monthly to the state budget at least 50% of the gross minimum wage multiplied by the number of jobs in which they have not employed persons with disabilities, and with the amount representing the difference up to the amount provided for in letter a) to purchase, on a partnership basis, products and/or services made by their own activity of persons with disabilities employed in authorized protected units.
