Obligation on companies to employ people with disabilities

Order no. 28/2025 on the implementation of certain provisions of Art. 78 of Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities entered into force on 28 January 2025.

Key aspects:

• The obligation to ensure that at least 4% of the total workforce is comprised of people with disabilities applies to public authorities and public institutions, as well as legal persons, both public and private, with at least 50 employees
• Employers who do not meet the minimum quota of 4% disabled employees must, as positions become available, endeavour to fill those positions with people with disabilities by:
  • submitting to the National Authority for the Protection of the Rights of Persons with Disabilities and the county employment agencies in whose territory they have their registered office, as well as those of Bucharest municipality under the subordination of the National Agency for Employment a written request + proof of submission to at least 3 non-governmental organisations, which as per their statutes provide services for the benefit of persons with disabilities within the catchment area of the employers’ registered office. This request should include the job description for the post(s) in question, required qualifications and working hours
• If it proves impossible to meet the 4% quota (for all available positions), employers will be obliged to opt for one of the following alternative arrangements:
  1. to pay to the state budget on a monthly basis an amount equal to the national minimum wage, multiplied by the number of positions for which they were not able to employ people with disabilities
  2. to pay to the state budget on a monthly basis an amount representing the equivalent of at least 50% of the national minimum wage, multiplied by the number of positions for which they were not able to employ people with disabilities, and to purchase, on a partnership basis, using the difference between this amount and that resulting from the value of a), the products and/or services made/provided by persons with disabilities employed in authorised centres.

Source: Order no. 28/2025 on the implementation of Art. 78, para. 2, index 2 to 2 index 4 of Law no. 448/2006 on the protection and promotion of the rights of persons with disabilities