One of the main rights of persons with disabilities is the right to work and earn income in accordance with the provisions of labor law.
It is prohibited by law:
– Any direct or indirect discrimination against an employee, based on disability criteria;
– Dismissal of employees on disability criteria;
– Discrimination regarding equal opportunities and treatment.
What are the degrees and types of disability?
The degrees of disability are: mild, medium, stressed and severe.
The types of disability are: physical, visual, auditory, deafblind, somatic, mental, psychic, HIV / AIDS, associated, rare diseases.
It is considered a disabled person and can be classified in the work an invalid person degree III.
How do people with disabilities fit into the work?
To employ people with disabilities, employers have the obligation to organize employment competitions exclusively for them, in compliance with the legal provisions in force.
Employment of persons with disabilities is done according to their professional training and the work capacity established in the certificate of classification in the degree of disability in places that do not compromise their mental or physical health.
What are the legal conditions for employing people with disabilities?
1) Persons with disabilities can be assigned to work both with an individual employment contract for an indefinite period and for a fixed period;
2) Persons with disabilities may be subject to a paid trial period, which may not be less than 45 working days;
3) Persons with disabilities benefit from an additional rest vacation of at least 3 working days, which must be mentioned separately in the contract, not cumulated with the rest leave established at the company level;
4) Persons with disabilities benefit from a period of notice in case of dismissal of at least 30 working days;
5) Persons with disabilities can be employed at work both with the full time of 8 hours/day and for part-time work;
6) Persons with disabilities have the right, to reduce the work program from 8 hours to less, under the recommendation the commission’s evaluation, in accordance with the legal provisions;
7) People with disabilities are entitled to vocational training courses;
8) Persons with severe disabilities are exempt from paying income tax.
Where can people with disabilities work?
People with disabilities can carry out their activity both at the employer’s office or at the address where the other employees work, as well as at home.
In some cases, people with disabilities can carry out their working activities from home. Working at home is regulated by the Labor Code and involves:
– The employee establishes his work schedule alone;
– Establishing the visit program in case the employer wishes to visit him;
– Establish the supply periods with raw material and lift the finished product, if the work performed by the person with disabilities involves production. The supply and the lifting of the finished product is the obligation of the employer.
Is an employer bound to employ people with disabilities?
Employers who have at least 50 employees have the obligation to employ people with disabilities in a percentage of at least 4% of the average number of employees.
In case the employer does not have disabled people employed or has less than 4% of the average number of employees, he pays monthly to the state a disability fund that is calculated according to the unemployed disabled people.
How is the disability fund calculated?
The first condition is that the employer has at least 50 employees, if it has less than 50 employees, does not pay disability fund.
For the calculation of the disability fund we have the following formula:
[(Average number of employees * 4%) – number of disabled persons employed] * minimum wage per economy.
Example: for the average number of employees 50
The number of disabled persons that the employer is bound to employ is 50 * 4% = 2 persons
a) If it has 2 disabled persons employed, the employer does not pay anything in the state as a disability fund, because it respects the rule of employing 4% of the average number of employees,
b) If only one disabled person is employed, the employer pays:
average number of employees * 4% – 1 (an employee with disabilities) * 2230 lei (gross minimum wage), that is (50 * 4% – 1) * 2230 = 2230 lei.
c) If no disabled person is employed, the employer pays:
average number of employees * 4% – 0 (an employee with disabilities) * 2230 lei (gross minimum wage), that is (50 * 4% – 0) * 2230 = 4460 lei.
In conclusion, for each disabled person, the employer pays the state as a disability fund a minimum wage per economy.
What are the benefits of employing people with disabilities?
1. The most important benefit for employers with more than 50 employees who employ people with disabilities, is that they no longer pay the disability fund to the state, and with the respective money they can pay the salary of a disabled people who also perform some activity.
2. Employers who employ graduates with disabilities for an indefinite period, will receive a monthly amount of the minimum gross salary per economy in force for the next 18 months.