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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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LEGE No 57 of 9 June 1992 on the employment of handicapped persons
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 131 of 12 June 1992



The Romanian Parliament adopts this law + Article 1 The socio-professional integration of handicapped persons, by employment and income realization by them, is done in accordance with the general labor law, with the other legal regulations in force, as well as with the provisions special of this law. + Article 2 (1) Disabled persons may be employed by legal and natural persons who employ salaried personnel and may exercise professions according to their physical and intellectual capacity. Their employment can also be achieved through the creation of protected, specially organized jobs, ensuring the proper facilitations and adaptations. (2) In relation to the number of employees, made up of handicapped persons, may be established, at the request of handicapped associations, legally constituted, jobs and protected units, specially organized, with the support of county inspectorates for the handicapped and local public authorities. (3) Protected units, specially organized, have at least 70% of the number of employees made up of handicapped persons. (4) Protected units, organized for the blind, will have at least 50% of employees handicapped. (5) Protected units and workplaces shall be organized by legal persons and natural persons authorized to carry out an economic activity or who use employed work. (6) Establishment of seniority, other than that acquired by persons handicapped under a contract of employment, and the work carried out by these persons on the basis of other relations recognized by law as assimilated to those of work, as well as the activity submitted according to an own authorization, provided that the social security contribution provided by the law is paid. (7) At the request of the handicapped persons, their working day may be reduced by 1-2 hours, with the corresponding reduction of the salary, without affecting the seniority. + Article 3 Protected units can also employ handicapped persons who operate at home, ensuring the transport of raw materials and finished products from and to the premises of the unit, respectively. + Article 4 (1) The State Secretariat for Handicapped, together with the Ministry of Labour and Social Protection, the Ministry of Health, the Ministry of Education and Science and the other central bodies shall draw up the list of professions in which they shall ensure, as a matter of priority, jobs for the handicapped or for which special training will be organized, taking into account the specificity of the disability. (2) Ministries and other central bodies, as well as local public administration authorities, together with the State Secretariat for Handicapped, shall determine, in the units of their sector of activity, the jobs in which, within the limit requests, only handicapped persons can be framed. + Article 5 Handicapped persons shall enjoy the following special protection rights: a) a trial term of 30 working days, in employment; b) a paid notice of 30 working days, in case of dissolution of the employment contract for reasons not attributable to them. + Article 6 Goods and activities that can be produced, respectively fulfilled, only by persons handicapped within the units provided in art. 2, or, according to their own authorization, ensuring their realization through state orders and other facilitations for the supply of energy resources, raw materials and materials, will be included in the list developed by the Central Commission for employment of handicapped persons, who will be subject to Government approval. + Article 7 (1) Ministries, other central bodies and local public administration authorities shall be obliged to support the legal and natural persons referred to in art. 2, which organizes protected units and jobs, according to the specificity and field of activity. (2) The Ministry of Industry, through the state authorities, will recommend to economic agents the assimilation in production, with priority, of machinery, machinery, specific installations and adaptations necessary to carry out the productive activity of persons handicapped, in order to ease their effort, as well as to ensure the achievement of an appropriate quantity of products. (3) Economic agents who have organized protected units or jobs will take measures to ensure full and priority with raw materials and materials, machinery, machinery and installations with specific adaptations, from the country and from import, necessary production that is carried out by handicapped persons, so that production capacities are covered. + Article 8 (1) With a view to the employment of as many applicants as possible from the persons of handicapped persons, public administration bodies and cooperative organizations will take measures to develop and diversify the specially organized units for their work. (2) The work and social protection departments will take measures as graduates of the special education-professional, high school, post-secondary-or qualification-retraining courses to be taken into account immediately at the presentation, in order to be assigned in a job corresponding to training and disability. + Article 9 (1) Legal persons referred to in art. 2 2 para. (3) benefit from a 50% reduction of the tax on the movement of goods, and those provided for in art. 2 2 para. (4) are exempt from paying this tax. (2) Legal persons referred to in art. 10 benefits from the reduction of the tax on the movement of goods, in proportion to the share of persons with disabilities employed + Article 10 Legal entities with a number of more than 250 employees have the obligation to employ a percentage of at least 3% handicapped persons. The legal person who refuses to frame handicapped persons in the mentioned percentage is obliged to pay to the Risk and Accident Fund, established under the Law on Special Protection of Disabled Persons, the amounts related to the number of unframed persons, at the level of the gross minimum wage per country, monthly. + Article 11 (1) Disabled persons shall benefit on request, full pension for the age limit if they prove a seniority, after the date of interest of the disability, of 15 years men and 10 years women, in the case of those classified in the first degree of disability, 20 years for men and 15 years for women, in the case of those in the second degree of disability, 25 years for men and 20 years for women, in the case of those in the third degree of disability. (2) For the time exceeding the seniority provided in par. (1) a pension increase of 1% is granted for each additional year for the first 5 years and 0.5% for the following years, according to the law. (3) Persons retired under par. (1) I cannot cumulate the pension with the salary during the time it falls, until the age of 60 years old men and 55 women. (4) Disabled persons who present pre-existing invalidity at the time of employment may be retired from invalidity, upon request, if they prove a seniority in employment, in relation to the age, provided in art. 38 ^ 1 of Law no. 3/1977 3/1977, amended. (5) The special aid for handicapped persons entitles, in the event of the death of the holder, to the establishment of a special survivor's aid, if they meet the conditions laid down by the pension legislation, and shall be paid from the Risk Fund and the accident. + Article 12 For the guidance and coordination of actions of preparation and selective framing in useful activities of handicapped persons, the Central Commission for the employment of persons shall be established, in addition to the State Secretariat for Handicapped persons. handicapped. The composition of the commission is set out + Article 13 This law shall enter into force within 60 days from the date of publication in the Official Gazette of Romania. On the same date, any contrary provisions shall be repealed. This law was adopted by the Senate at the meeting of June 1, 1992, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at the meeting of June 1, 1992, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN + Annex 1 CENTRAL COMMISSION for the employment of handicapped persons -Secretary of State of the State Secretariat for Handicapped-President -A State Secretary from the Ministry of Labour and Social Protection-Vice President -A State Secretary from the Ministry of Health-Vice President -A director from the Ministry of Economy and Finance-member -A Director of the Industry-Member -A Director from the Ministry of Education and Science-member -A Director of the Ministry of Justice- -A representative of the craft cooperative-member -A representative of the consumer and credit cooperation -4 delegates of disability organizations-members.