The employment of persons with disabilities is regulated by the provisions of the Labor Code and the Law 448/2006 on the protection and promotion of the rights of persons with disabilities.
Thus, testing the professional skills of persons with disabilities is made exclusively through a trial period not exceeding 30 days, according to art. 31, paragraph 2 of the Labor Code. Also, the persons with disabilities have a probationary period, paid for at least 45 days, according to art. 83, letter d) of Law 448/2006 updated.
In this case, the special law prevails. So the employers who hire persons with disabilities are required to serve a probationary period of employment of 45 days.
The blind persons and other persons with disablities receive additional annual leave, at least 3 working days, as specified in art. 147 of the Labor Code.
The employee with disabilities is exempt from income tax on salaries and salary compensation, according to art. 26 of Law 448/2006 updated.
The persons with disabilities may be hired under their professional and work ability, evidenced by a certificate of admission into a disability degree issued by the evaluation committee at county level or Bucharest sectors, according to art. 78 of Law 448/2006 updated.
The forms of the employment for the persons with disabilities are:
a) on the open labor market;
b) at home;
c) in protected units.
Other rights of the employees with disabilities, as defined in art. 83 of Law 448/2006:
a) training courses;
b) reasonable accommodation in the workplace;
c) counseling prior period of employment and during employment and on probationary period, from a labor mediation specialized counselor;
d) a probationary period, paid for at least 45 days;
e) paid notice, at least 30 working days, for the termination of individual employment initiative for reasons beyond him;
f) the opportunity to work less than 8 hours per day, under the law, if he/she benefits of the evaluation committee’s recommendation in this regard;
g) exemption from tax on salary.
For the training courses and the counseling in pre-employment and on probationary period, the financing paid is from the Unemployment Insurance Fund, according to law.
The companies that hire persons with disabilities have certain rights under Art. 84 of the protection and promotion of the rights of persons with disabilities law:
a) the deduction in calculating taxable income, of the amounts for employment adaptation and of the acquisition of machinery and equipment used in the production process by the disabled person;
b) the deduction in calculating taxable income, of the expenses of the person with disabilities transport from home to work and the transportation costs of raw materials and finished products to and from the residence of the person with disabilities, hired to work from home;
c) the settlement from the Unemployment Insurance Fund of the training specific expenses, the vocational guidance ones and with the employment of persons with disabilities;
d) a grant from the State, as provided by Law no. 76/2002 on the unemployment insurance system and employment stimulation, with the subsequent modifications.
The grant from the state refers to amounts that depend on the level of education of graduates among the employees with disabilities.
Legal note (art. 80 of Law 76/2002 updated)
(1) The employers who hire, on indefinite term, graduates of educational institutions, receive monthly, over a period of 12 months, for each graduate:
a) an amount equal to the value of the social reference indicator in force at the time of employment for graduates of lower secondary schools or schools of arts and crafts;
b) an amount equal to 1.2 times the value of the social reference indicator in force at the time of employment for graduates of upper secondary or post-secondary education;
c) an amount equal to 1.5 times the value of the social reference indicator in force at the time of employment for university graduates.
(2) The employers who hire graduates of indefinite term among persons with disabilities receive monthly for each graduate, amounts in par. (1), for a period of 18 months.
(3) do not benefit from the provisions of par. (1) and (2) the employers who are required by law to hire the graduates of educational institutions, for the graduates in this category.
The employers are required to maintain their labor relations or services at least for 3 years after their completion. During these 3 years, graduates can pursue a form of training organized by the employer, under the law. The expenses necessary for professional training will be sustained, at the employer request, from the Unemployment Insurance Fund.
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