- General Legal Framework
In Romania, Law No. 448/2006 on the protection and promotion of the rights of persons with disabilities stipulates, in Article 78(2), (2), the obligation of employers—public authorities and legal entities, whether public or private—to employ persons with disabilities in a percentage of at least 4% of the total workforce, if they have at least 50 employees.
This provision aims to facilitate access for persons with disabilities to the labor market and reduce their socio-professional exclusion.
- New obligations effective in 2025
Until recently, employers who did not meet this quota could choose to pay a monthly contribution to the state budget or to purchase products/services from sheltered workshops. Effective January 1, 2025, through Emergency Ordinance No. 127/2024 and Order No. 28/2025, the regulatory framework has been supplemented with new procedural obligations for employers with more than 50 employees.These obligations primarily concern:
∙Proof that the employer has sought the assistance of NGOs specializing in the integration of people with disabilities to fill suitable job openings
∙Submitting an annual report, by January 31, to the National Authority for the Protection of the Rights of Persons with Disabilities (ANPDPD) and to the National Agency for Employment (ANOFM) regarding the positions held by persons with disabilities and the skills required for those positions.
- Method for calculating the 4% quota
To determine the hiring obligation:
∙Calculate the average number of employees, including part-time staff, proportional to their working hours.
∙If the average is 50 or higher, the employer is subject to the obligations set forth in Law 448/2006 and its implementing regulations.
Calculation example: for an employer with 100 employees, at least 4 people with disabilities must be hired for appropriate positions.
- Options for employers in the event of failure to meet the quota
If they fail to hire the minimum percentage of 4%, employers may choose to:
∙Pay a monthly contribution to the state budget equivalent to the national minimum gross wage for each job not filled by a person with a disability; or
∙Paying 50% of this contribution, along with purchasing products/services from authorized sheltered workshops, in accordance with the law.
However, the new regulations from 2025 emphasize the obligation to demonstrate genuine recruitment efforts by involving relevant NGOs before resorting to alternative solutions.
- Consequences and the Purpose of the Measure
The rationale behind this regulation extends beyond a financial penalty; it aims for the effective integration of people with disabilities into economic and social life. By communicating job vacancies to specialized NGOs and institutions, employers are encouraged to adapt their recruitment processes and identify genuine employment opportunities.
- Practical Recommendations for Employers
To comply with legal requirements, companies with more than 50 employees should:
∙Identify positions suitable for people with disabilities and clearly describe them in job postings.
∙Request support from NGOs in writing, with supporting documentation, and archive the correspondence sent to them.
∙Prepare and submit annual reports to ANPDPD and ANOFM to ensure compliance with the new reporting requirements.
Conclusion
The legal framework for the employment of people with disabilities in Romania has evolved significantly in recent years, shifting from a simple quota requirement to a set of requirements that promote active evidence of recruitment efforts. Employers with at least 50 employees must not only meet the minimum 4% quota but also demonstrate concrete efforts in this regard, including support from NGOs and periodic reporting to the authorities, in accordance with the provisions effective as of 2025.
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