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New rules on workplace accessibility for disabled workers in Romania

Written by
Nestor Nestor Diculescu Kingston Petersen (NNDKP) largest boutique firm focusing on HR law.
Authors
Roxana Abrasu
Managing Associate - Romania
Nestor Nestor Diculescu Kingston Petersen (NNDKP)
Gabriela Dinu
Managing Associate - Romania
Nestor Nestor Diculescu Kingston Petersen (NNDKP)
Romania
04.08.20
1
Romania has introduced new rules on the protection and promotion of disabled individuals’ rights.

The new law introduces a series of amendments to various aspects in the field of disabled persons’ rights. The most relevant from an employment perspective are listed below.

The definitions for the following terms are amended: ‘reasonable adaptation of the workplace’, ‘assisted employment’ and ‘authorised protected unit’.

In relation to the integration of disabled individuals within work, the law states that employers must ensure disabled individuals have access of to an adapted workplace, as appropriate, in accordance with the functional potential and the adaptation capacity of the workers in question.

The new rules expressly mention that equality of opportunities, accessibility of the workplace and the adaptation of duties in accordance with the functional potential of the worker in question are guaranteed to disabled individuals in employment relations.

The fine limits applicable in the employment field have been increased, as follows:

  • RON 25,000 to RON 50,000 fine for non-compliance with the obligation on economic operators who have at least 50 employees either to employ a certain percentage of disabled persons or, alternatively, to pay a specific sum to the state budget.
  • RON 10,000 to RON 25,000 fine for failure to respect the right of disabled individuals to reasonable adaptation of the workplace.

 

Further amendments relating to certain economic operators’ obligation to employ a certain percentage of disabled individuals and the alternatives to this obligation are also close to being promulgated by the President.

Legislative details

The Law no. 145/22.07.2020 on the amendment and completion of Law no. 448/2006 was published in the Official Gazette no. 648 dated 22 July 2020.