Law No. 57 Of 9 June 1992 Relating To The Employment Of People With Disabilities

Original Language Title:  LEGE nr. 57 din 9 iunie 1992 privind încadrarea în munca a persoanelor handicapate

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LAW No. 57 of 9 June 1992 relating to the employment of people with disabilities published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 131 of 12 June 1992, the Romanian Parliament adopts this law.


Article 1 the socio-vocational Integration of people with disabilities through employment and revenue realization by them, shall be made in accordance with the General labour legislation, other legal regulations in force and with the specific provisions of this law.


Article 2 (1) disabled people qualify for inclusion in the work by legal and physical persons who employ salaried staff and can exercise their professions according to their physical and intellectual capacity. Their work can be performed and by creating jobs, building a special organized-it benefits and appropriate adjustments.
  

(2) in relation to the number of employees, composed of people with disabilities can be established, at the request of associations of disabled, legally constituted, and special units, organized with the support of the County inspectorates for the handicapped and the local authorities.
  

(3) specially protected Units organized, have at least 70% of the number of employees consisting of people with disabilities.
  

(4) protected Units, organized for the blind, will have at least 50% of the disabled employees.
  

(5) Units and protected jobs are held by legal entities and natural persons authorized to carry on an economic activity or who use employment.
  

(6) Constitute the work, in addition to that obtained by persons with disabilities pursuant to a contract of employment, and the work done by these people in other relationships recognized by law as assimilated work, and work hard according to its authorization of payment of social security contribution laid down by law.
  

(7) at the request of disabled persons, their work may be reduced by 1-2 hours with appropriate wage plummeting, without affecting the length of the work.
  


Article 3 protected Units can engage and disabled working from home, building them transport the raw materials and finished products from and to the headquarters unit.


Article 4 (1) the State Secretariat for Handicapped, together with the Ministry of labour and social protection, Ministry of health, Ministry of education and science and other central organs shall draw up the list of professions in which ensure priority jobs for the disabled or for which it will hold special training, taking into consideration the specificity of the handicap.
  

(2) the ministries and other central bodies and local public administration authorities, together with the State Secretariat for disabled will determine, in their sector of activity, employment, in the limit, requests can be assigned only to the disabled.
  


Article 5 Persons with disabilities shall enjoy the following rights of special protection: a) a test of 30 working days, to employment;
  

b) notice paid 30 working days, in the case of the dissolution of the contract for reasons which are not attributable to them.
  


Article 6 property and activities that can be produced, respectively, met only by people with disabilities within the establishments referred to in article 1. 2, or according to your own authorization, building them through se-realization of State orders and other facilities for the supply of energy resources, raw materials, will be included in the list drawn up by the Central Committee for employment of disabled persons, which will be subject to approval by the Government.


Article 7 (1) ministries, other organs of Central and local public administration bodies are obliged to support the physical and legal persons as referred to in art. 2, organizing units and sheltered employment, according to the specificity and scope of activity.
  

(2) the Ministry of industry, through the representatives of the State, will recommend to businesses with assimilation into production, priority, machinery, equipment, installations and necessary productive activities adaptarilor of handicapped persons, in order to usurarii them, and the effort to ensure an appropriate quantity of products.
  

(3) the economic agents who organized units or sheltered employment will take measures to ensure the full and priority with raw materials, machinery and equipment with specific adaptations in the country and import the required production activities to be implemented by the disabled, so that it covered the production capacities.
  


Article 8 (1) for the purposes of classification in the work of a large number of smaller applicants from all disabled persons, public administration bodies and cooperative organisations will take measures for the development and diversification of the special units organized for their work.
  

(2) the directions of work and social protection will be taken as special professional education graduates, high school, post-secondary courses or you-retraining should be immediately obvious to take in presentation, to be employed in an appropriate job training and disability.
  


Article 9 (1) the legal entities referred to in article 1. 2 (2). (3) receive a discount of 50% of the tax on the turnover, and those referred to in article 1. 2 (2). (4) are exempt from paying this tax.
  

(2) the bodies referred to in article 21. 10 benefits from reducing the tax on turnover, in proportion to the share of persons with disabilities employed in total employees.
  


Article 10 legal entities with more than 250 employees are obliged to employ a percentage of at least 3% disabled. Legal person which refuses to wrap the disabled in percentage is bound to pay to the Fund of risk and accident, established by the law on special protection of handicapped persons, the amounts relating to the number of persons neincadrate, at the level of the national minimum wage per country, per month.


Article 11 (1) the disabled persons benefit from on-demand, full pension for age limit if they prove the old work, after the date of awarding disability 15 years men and women for 10 years, in the case of incadrabili in the 1st degree invalidity pension for 20 years for men and 15 years for women, in the case of incadrabili in the degree of invalidity 25 years for men and 20 years for women, in the case of incadrabili in third degree invalidity pension.
  

(2) For the time that exceeds the length of service referred to in paragraph 1. (1) shall be granted a pension increase of 1% per year for the first 5 years and 0.5% for the next few years, according to the law.
  

(3) on the basis of paragraph 1, pensioners. (1) may not be cumulated with the pension salary on time as it reincadreaza up to fulfillment of 60 years men and women 55 years of age.
  

(4) the disabled persons showing the date invaliditati classification in the preexisting work may be retired for disability, on request, if they prove a seniority of work in relation to age, as referred to in art. 38 ^ 1 of law No. 3/1977, as amended.
  

(5) special aid for the disabled entitle, in case of death of the holder, a special aid offspring, if they meet the conditions provided for in the pensions legislation, and it will pay out risk and accident.
  


Article 12 For the direction and coordination of training and employment activities useful to selective people with disabilities shall be set up under the auspices of the State Secretariat for Handicapped, Central Committee for employment of people with disabilities. The Commission component is provided in annex II.


Article 13 the present law shall enter into force within 60 days of its publication in the Official Gazette of Romania. On the same date shall repeal any provisions to the contrary.
This law was adopted by the Senate at its meeting on 1 June 1992, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Chamber of deputies at its meeting on 1 June 1992, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES MARTIAN DAN annex 1 CENTRAL COMMITTEE for employment of people with disabilities-State Secretary of State Secretariat for Handicapped-President-a Secretary of State at the Ministry of labour and social security-Vice President-a Secretary of State at the Ministry of health-Vice President-director of the Ministry of economy and finance-a director from the Ministry of industry-a directory of the Ministry of education and science-a directory of the Ministry of Justice-membership-a representative of the cooperative craft- Member-a representative of the cooperative consumer and credit-Member-4 officials of organizations of disabled persons-members.