Law No. 343 Of 12 July 2004 Amending And Supplementing Government Emergency Ordinance No. 102/1999 Regarding Special Protection And Employment Of Persons With Disabilities

Original Language Title:  LEGE nr. 343 din 12 iulie 2004 pentru modificarea şi completarea Ordonanţei de urgenţă a Guvernului nr. 102/1999 privind protecţia specială şi încadrarea în muncă a persoanelor cu handicap

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LAW no.
343 of 12 July 2004 amending and supplementing Government Emergency Ordinance no. 102/1999 regarding special protection and employment of persons with disabilities
Issued



PARLIAMENT Published


Official Gazette no. 641 of 15 July 2004

Romanian Parliament adopts this law.

Article I


Government Emergency Ordinance no. 102/1999 regarding special protection and employment of disabled people, published in the Official Gazette of Romania, Part I, no. 310 of 30 June 1999, approved with amendments by Law no. 519/2002, as amended, is amended and supplemented as follows:
1. Article 4 reads as follows:
"Art. 4 - Special protection of disabled people is achieved by providing benefits in cash or in kind and social services under this ordinance and other laws at home or in institutions of social protection. "
2. The title of Chapter II shall read as follows:
"CHAPTER II
social care institutions for people with disabilities
"
March. Article 5 reads as follows:
"Art. 5. - Special protection of persons with disabilities in institutionalized form is achieved by providing social services in social care institutions for people with disabilities."
4. Article 6 reads as follows:
"Art. 6 - (1) social welfare institutions for the disabled are established and subordinated to the county councils or local councils of the Bucharest sectors, as cen- pilot, care and assistance centers, recovery and rehabilitation centers, integration through occupational therapy, protected homes of family, day care centers, early intervention, and in other specific forms, with approval and coordination National Authority for people with disabilities.

(2) social welfare institutions for the handicapped, under the coordination of the National Authority for disabled people, set out in the annex which is an integral part of this emergency ordinance.


(3) the organization and operation of social care institutions for people with disabilities is determined by authorities or institutions they set up.


(4) social welfare institutions for persons with disabilities will be organized as unincorporated structures subordinated to county councils or local councils of the Bucharest sectors, with the assent of the National Authority for Disabled Persons, starting 1 January 2005. "


5. Article 7 reads as follows:
" Art. 7. - (1) The financing of social assistance institutions for the disabled are provided from:

A) allocations from the budgets of local authorities;


B) allocations from the state budget;


C) contributions from benefactors or their breadwinner, who will have been paid centers;


D) other income earned under the law.


(2) Funding social care institutions for people with disabilities is done directly by the county councils or local councils of Bucharest districts. "


6. Article 8 reads as follows:
"Art. 8. - (1) social welfare institutions for persons with disabilities can be established by:

A) Government decision on a proposal from the Minister of Labour, Social Solidarity and Family;


B) decision of the county council or the local councils of the Bucharest sectors, as appropriate;


C) decisions by NGOs or the object of activity and special protection of persons with disabilities;


D) decisions of cults acknowledged by law in Romania.


(2) The framework regulation of organization and operation for each type of residential care institutions for the disabled are approved by Government decision on a proposal from the Minister of Labour, Social Solidarity and Family.


(3) The personnel of social care institutions for people with disabilities is established under the laws applicable to employees in the public sector. "


7. Article 9 (1) and (2) will read as follows:
"Art. 9. - (1) social welfare institutions for persons with disabilities can be established and shared by several institutions and legal persons as referred to in art. 8 by association agreement with the assent of the National Authority for Disabled Persons.


(2) partnership contract is concluded between the principal loan, if county councils, local councils, the Ministry of Health and other government bodies and central specialized legal representatives of legal persons. "
|| |
8. Article 10 reads as follows:
"Art. 10. - (1) social welfare institutions for the disabled, set up with the opinion of the National Authority for People with Disabilities is in its coordination.

(2) The National Authority for Disabled Persons exerts coordination by: developing standards and methodologies for the organization and operation of social care institutions for people with disabilities; providing training and further training of specialist personnel; verifying compliance with this ordinance and other laws related to their work; supporting the development of these institutions in accordance with the strategy and national programs for special protection of persons with disabilities.


(3) The National Authority for People with Disabilities controls the activity of all social care institutions for people with disabilities under the coordination and inform the Ministry of Labor, Social Solidarity and Family and, where appropriate, the Court of Auditors, on the negative aspects found. "


9. Article 11 (1) reads as follows:
" Art. 11. - (1) public and private buildings, of the cultural, sports or leisure, housing built with public funds, means of transport, public telephones and access routes will be designed so as to allow free access of people with disabilities. Heritage and historical buildings will be built respecting the architectural characteristics. "
10. Article 15 (2) reads as follows:
" (2) Public and private institutions will ensure that, where appropriate, direct relationship with people with hearing or deafblind, authorized interpreters of sign language or language specific deafblind person. Procedure and permit conditions will be determined by order of the Minister of Education and Research and the Minister of Health, in consultation with the Deaf Association in Romania. "
11. Article 19 (1), letters a), b), g ), h) and l) shall read as follows:
"a) adults with severe disabilities who do not have income from wages or pensions, except the survivor's pension, receive a monthly allowance of 1,400,000 lei ; adults with severe disabilities who earn incomes from salaries or pensions, except the survivor's pension, receive a monthly allowance of 50% and 30% of the monthly allowance; The monthly allowance is indexed annually by Government decision in relation with the growth index of consumer prices set by the National Statistics Institute;

B) blind adults with severe disabilities receive a social allowance lei of 1,584,000, regardless of their income from salaries, compensation will be updated annually by Government Decision, depending on the index of consumer prices, established by the National Institute of Statistics; stressed disabled adults benefit from a social allowance of 50% of the allowance established for adults with severe disabilities; blind adults with severe disabilities, encompassing salary with pension retirement with pension or retirement IOVR for loss of working capacity will opt for one of these or social allowance; blind adults with severe disabilities who are not engaged in paid employment cumulate with one of the other social allowance pension established by law; severely handicapped blind person receives payment attendant defined in Art. 1 of Government Decision no. 610/1990 on the granting of rights to the blind, as amended, an indemnity equivalent to the net salary of the debutant social assistant of budgetary units; blind person can opt for personal assistant or companion;





G) gratuity urban transport means transport of surface and underground, for adults with severe disabilities and their personal assistants or attendants and adults with disabilities emphasized granted on the basis of a social investigation carried out by the social worker specialized department within the city hall under whose jurisdiction the domicile or residence of disabled adult; how to place gratuity and its amount is determined by order of the Minister of Health and Minister of Transport, Constructions and Tourism of the Ministry of Finance, which will be published in the Official Gazette of Romania, Part I;


H) gratuity interurban transport choice, to train people, class II, buses or ships for river transport, within 12 round trips per year for adults with severe disabilities; The same rights apply to personal assistants or attendants of severely disabled persons when traveling with them; adults with disabilities emphasized entitled to half the number of trips provided adults with severe disabilities; adults with renal disease requiring hemodialysis in other places than home and their personal assistants free of charge and over the mentioned limit, depending on the recommendation of the dialysis center;




L) with effect from 1 January 2005, a ticket for free treatment within a year, which is awarded to the disabled person, based on medical advice, the territorial pension houses. Number of tickets free treatment granted to people with disabilities is determined in proportion to the number of potential beneficiaries to the total number of tickets free treatment established by the annual budget law state social insurance; "


12. Article 21 reads as follows:
"Art. 21. - People with disabilities have the following obligations:

A) to report to the committee of medical expertise of people with disabilities for adults, which are subordinated to the county councils and local councils of the Bucharest sectors, namely child protection commissions for employment in a category of persons with disabilities who require special protection in relation to the degree of disability and the regular reassessment, the criteria laid down in art. 1 para. (3);


B) to follow the individual program of recovery, rehabilitation and social reintegration committees established medical expertise of people with disabilities for adults, child protection committees under the supervision of social workers in the public services or social welfare organizations NGOs authorized by law to conduct special protection of persons with disabilities, working with these services;


C) to start working according to the law, in relation to the preparation and physical possibilities of their sensory and mental, after assessing work capacity and establish adaptive failure by the social insurance expert doctor;


D) work with social workers and to inform the public social services, within 10 days of any change on the degree of disability, home, property, income statement and other statements made liable to amend granting the rights provided by law. "


13. Article 30 reads as follows:
" Art. 30. - If the issuance of certificates of registration in a category of persons with disabilities who require special protection in relation to the degree of disability, without respecting the criteria established by the Minister of Health, members of the medical expertise of people with disabilities for adults they will be obliged, under the law, to the refund meeting allowances received for participation in the work of the committee; definitive exclusion within this committee; incurring undue amounts of rights received by beneficiaries as a result of their classification in violation of legal provisions. "
14. Article 40 (1) reads as follows:
" Art. 40. - (1) At the beginning of each year, protected units are required to submit regional inspection information containing the data necessary to demonstrate compliance with the laws concerning the functioning of the unit and measures taken to achieve adjustments and facilities required for carrying people disabled. "
15. Article 42 (1) reads as follows:

"Art. 42. - (1) Businesses with at least 75 employees, as well as public authorities and institutions that have at least 25 contractual positions, are required to employ disabled persons with individual labor contract a rate of at least 4% of the total number of employees or the number of contract positions in the positions. "
16. Article 43 reads as follows:
"Art. 43. - (1) Companies, public authorities and institutions which do not comply with Art. 42 para. (1) are required to pay a monthly sum to the state budget equal to the gross national minimum wage multiplied by the number of jobs that have not framed disabled.

(2) are exempt from compulsory payment under par. (1) economic agents and authorities proving that public institutions have applied quarterly to the county employment agencies labor, Bucharest respectively, the distribution of qualified trades people with disabilities, and that they have shared such persons for employment. "


17. In Article 44, after letter f) the following point g) as follows:
"g) the hiring priority in their specific professions. The list of these professions in line each disability will be established by committees of socio-professional integration people with disabilities. "
18. Article 45 is repealed.
19. Article 52 (1) reads as follows:
"Art. 52. - (1) The National Authority for Disabled Persons may finance their programs and projects in the field of special protection and socio-professional integration of people with disabilities and can participate in partnership with non-governmental organizations of disabled people, the financing of joint projects on implementation of strategy and programs for special protection and socio-professional integration of people with disabilities. "
20. Article 54 reads as follows:
"Art. 54. - (1) The following deeds, unless they have committed in such conditions that the criminal law, are criminal offenses:

a) non-compliance with art. 11 par. (1), art. 13, 14, art. 15 par. (2), art. 16 para. (1), (2), (4) and (5) and art. 17 and is punishable by fine from 30,000,000 lei to 60,000,000 lei;


b) issuing certificates for assignment to a category of persons with disabilities who require special protection report the degree of disability, in violation of the criteria laid down in art. 1 para. (3) and is punishable by a fine of 10,000,000 30,000,000 lei.


(2) the penalties provided para. (1) shall apply to natural or legal persons convicted.


(3) Establishing the offense in para. (1) a) and fines for minor offenses are carried out by specialized bodies Ministry of Transport, Construction and Tourism, the National Control Authority and the National Authority for Disabled persons. Finding offense in para. (1) b) and applying the fine shall be made by the staff of the National Authority for Disabled Persons, authorized by order of the President.


(4) The amounts of the fines are revenues to the state budget.


(5) The provisions of this Article are completed by the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments by Law no. 180/2002, as amended. "





Article II (1) Within 60 days after the entry into force of this law shall be created social and professional integration of disabled persons, as follows:


a) centrally, besides the National Authority for disabled persons;


b) county and the Bucharest sectors, in addition to county councils and local councils of Bucharest districts.


(2) committees of socio-professional integration of people with disabilities coordinates the preparation, training, career guidance and employment in employment of people with disabilities.


(3) Composition of the socio-professional integration of people with disabilities and their rules of organization and functioning are established by the Minister of Labour, social solidarity and family Authority's proposal national Disabled persons.


(4) the preparation, training and career guidance and employment of disabled persons are financed projects, programs and budget appropriations for this purpose.



This law was adopted by the Parliament of Romania, in compliance with art. 75 and Art. 76 para. (1) of the Romanian Constitution. The Chamber of Deputies Valer


DORNEANU p. President of the Senate Doru Ioan TĂRĂCILĂ

Bucharest, July 12, 2004.
No.
343. ______________

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