Last updated: 21 January 2025
LABOR LAW: NEW OBLIGATIONS FOR EMPLOYERS REGARDING THE INTEGRATION OF PERSONS WITH DISABILITIES
Starting with January 1, 2025, the GEO no. 127/2024, establishes new reporting obligations for employers with more than 50 employees regarding the integration of disabled persons at work, in accordance with the Law no. 448/2006. These regulations refer not only to compliance with a minimum 4% employment rate but also to additional administrative and financial obligations.
Obligations for employers
First of all, under the new provisions, the employers must prove they sought assistance to NGOs providing services for disabled persons. To this end, they shall submit a written application providing: (1) the description of the openings, (2) the skills required and (3) the working time. The application and the proof of submission to the approved NGOs shall be further submitted to the National Agency for the Protection of the Rights of Disabled Persons (ANPDPD) and to the National Agency for Employment (ANOFM).
Furthermore, the employers must provide annually, by January 31 for the previous year (i.e., January 31, 2026, for the year 2025) a report on the positions filled by disabled persons, as well as an inventory of the skills required for employment.
Alternative for the employers not abiding by the 4% employment rate
Where the employers cannot hire disabled persons in accordance with the legal provisions, they can opt for two alternative measures:
- Pay a monthly amount to the state budget: - calculated as the minimum gross salary multiplied by the number of workplaces not filled by disabled persons.
- Buy products and services made in authorized protected facilities: the employers may pay an amount equivalent to 50% of the gross minimum salary for workplaces not filled and the remainder can be used to buy products and services provided by disabled persons in protected facilities. Such purchase is made under an agreement which template is provided under the Annex to the Enforcement Norms of the law 448/2008.
Last but not least, instructions of enforcement of the newly enacted provisions are likely to be issued in the near future.
Conclusions and recommendations
These measures are intended as an important step towards promoting a more inclusive and more accessible work environment for disabled persons. It is essential for the employers to adapt the recruitment processes and to work closely with the NGOs to comply with the legal requirements, thus avoiding the risk to incur financial sanctions.