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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

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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LEGE no. 343 343 of 12 July 2004 to amend and supplement Government Emergency Ordinance no. 102/1999 on the special protection and employment of persons with disabilities
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 641 641 of 15 July 2004



The Romanian Parliament adopts this law + Article I Government Emergency Ordinance no. 102/1999 on the special protection and employment of persons with disabilities, published in the Official Gazette of Romania, Part I, no. 310 of 30 June 1999, approved with amendments and additions by Law no. 519/2002 , as amended, amend and supplement as follows: 1. Article 4 shall read as follows: "" Art. 4. -The special protection of persons with disabilities is carried out by granting benefits in money or in kind, as well as social services under the conditions of this emergency ordinance and other normative acts, at home or within social protection institutions. " 2. The title of Chapter II shall read as follows: "" CHAPTER II Social assistance institutions for persons with disabilities " 3. Article 5 shall read as follows: "" Art. 5. -The special protection of persons with disabilities, in institutionalized form, is carried out by providing social services within social assistance institutions for persons with disabilities. " 4. Article 6 shall read as follows: "" Art. 6. -(1) Social assistance institutions for persons with disabilities are established and functioning under the county councils, respectively of the local councils of the sectors of Bucharest, in the form of a centre-pilot, care centers and assistance, recovery and rehabilitation centres, integration centres through occupational therapy, family-type protected housing, day care centres, early intervention centres as well as in other specific forms, with the opinion and in the coordination of the Authority National for Persons with Disabilities. (2) Social assistance institutions for persons with disabilities, in the coordination of the National Authority for Persons with Disabilities, are set out in the Annex which forms an integral part of this Emergency Ordinance. ((3) The organization and functioning of social assistance institutions for persons with disabilities shall be established by the authorities or institutions that establish them. (4) Social assistance institutions for persons with disabilities will reorganize themselves as structures without legal personality subordinated to the county councils, respectively of the local councils of the sectors of Bucharest, with the National Authority for Persons with Disabilities, as of 1 January 2005. ' 5. Article 7 shall read as follows: "" Art. 7. -(1) The financing of social assistance institutions for persons with disabilities shall be ensured from: a) amounts allocated from the budgets of local public administration authorities; b) amounts allocated from the state budget; c) the own contributions of the beneficiaries or their maintainers, which will be paid into the account of the centers; d) other income made under the law. (2) The financing of social assistance institutions for persons with disabilities is made directly by the county councils, respectively by the local councils of the sectors of Bucharest. " 6. Article 8 shall read as follows: "" Art. 8. -(1) Social assistance institutions for persons with disabilities can be established by: a) Government decision, at the proposal of the Minister of Labour, Social Solidarity and Family; b) decision of the county council or local councils of the sectors of Bucharest, as the case may be c) decisions of non-governmental organizations or which have as their object of activity and special protection of persons with disabilities; d) decisions of recognized cults, according to the law, in Romania. (2) The framework regulation of organization and functioning for each type of social assistance institution for persons with disabilities is approved by Government decision, at the proposal of the Minister of Labour, social solidarity and family. ((3) The salary of staff of social assistance institutions for persons with disabilities shall be determined according to the legislation applicable to employees of the budgetary system. " 7. In Article 9, paragraphs 1 and 2 shall read as follows: "" Art. 9. -(1) Social assistance institutions for persons with disabilities can also be established jointly by several institutions and legal entities among those mentioned in art. 8, by association contract, with the assent of the National Authority for Persons with Disabilities. ((2) The Association Agreement shall be concluded between the principal authorising officers, in the case of the county councils, the local councils, the Ministry of Health and other bodies of the specialized central public administration and the legal representatives of the legal persons. " 8. Article 10 shall read as follows: "" Art. 10. -(1) Social assistance institutions for persons with disabilities, established with the opinion of the National Authority for Persons with Disabilities, are in its coordination. (2) The National Authority for Persons with Disabilities shall exercise its coordination task by: developing rules and methodologies on the organization and functioning of social assistance institutions for persons with disabilities; professional training and improvement of specialized personnel; verification of compliance with the provisions of this emergency ordinance and other normative acts related to their activity; Compliance with the Strategy and the National Special Protection Programmes Disabled people. (3) The National Authority for Persons with Disabilities controls the work of all social assistance institutions for persons with disabilities in its coordination, informing the Ministry of Labour, Social Solidarity and Family and, as the case may be, The Court of Auditors, on the negative aspects found. ' 9. In Article 11, paragraph 1 shall read as follows: "" Art. 11. --(1) Buildings of public and private institutions, cultural, sports or leisure, dwellings built from public funds, public transport, public telephones, and access routes will be set up. so as to allow the unhindered access of persons with disabilities. Heritage and historical buildings will be set up respecting the architectonic characteristics. " 10. In Article 15, paragraph 2 shall read as follows: " (2) Public and private institutions shall ensure, where appropriate, for direct relations with persons with hearing impairments or with deaf-blindness, authorized interpreters of the mimic-gestural language or of the specific language of the person with Deaf-check. The procedure and conditions of authorization will be established by joint order of the Minister of Education and Research and the Minister of Health, in consultation with the Association of the Deaf in Romania 11. In Article 19 (1), points a), b), g), h) and l) shall read as follows: " a) adults with severe or severe disabilities, who do not realize income from salaries or pensions, except for the survivor's pension, benefit from a monthly allowance of 1.400,000 lei; adults with serious or stressed disabilities who realize income from salaries or pensions, except for the survivor's pension, benefit from a monthly allowance of 50% and 30% of the monthly allowance, respectively; the monthly allowance is indexed annually by Government decision, in relation to the growth index of consumer prices established by the National Institute of Statistics; b) blind adults with serious disabilities benefit from a social allowance in the amount of 1,584,000 lei, regardless of the income made from salaries, allowance that will be updated annually by Government decision, depending on the growth index consumer prices, established by the National Institute of Statistics; adults with increased disabilities benefit from a social allowance of 50% of the amount of the allowance established for severely disabled adults; blind adults with serious disabilities or accented, which cumulates the salary with the old-age pension, with the I.O.V.R. pension or with pension for loss of work capacity, will opt for one of these or for social allowance; blind or stressed blind adults who do not carry out salarized activity cumulates social allowance with one of the other pensions established according to the law; the severely disabled blind receives, for the payment of the companion defined at art. 1 of Government Decision no. 610/1990 on the granting of rights to blind persons, as amended, an allowance equivalent to the net salary of the junior social worker in budgetary units; the blind may opt for the personal assistant or the attendant; ............................................................... g) the gratuity of urban transport by means of surface and metro public transport, for severely disabled adults and for personal assistants or their companions and for adults with increased disabilities, granted on the basis of an investigation social assistance made by the social worker of the specialized department of the city hall in whose territorial area the adult with disabilities is domiciled or residing; the way of granting the gratuity and its amount are established by joint order of the Minister of Health and the Minister of Transport construction and tourism, with the opinion of the Ministry of Public Finance, to be published in the Official Gazette of Romania, Part I; h) the gratuity of interurban transport, of choice, with train of persons, class II, with buses or with ships for river transport, within 12 round trips per year for adults with serious disabilities; of the same rights benefits personal assistants or attendants of persons with serious disabilities when travelling with them; stressed adults are entitled to half the number of trips granted to adults with serious disabilities; adults with disabilities kidney that requires haemodialysis in localities other than home, as well as their personal assistants benefit from gratuity and above the mentioned limit, depending on the recommendation of the dialysis center; ............................................................... l) as of January 1, 2005, a free treatment ticket, during a year, which is assigned to the disabled person, on the basis of the medical recommendation, by the territorial pension houses. The number of free treatment tickets granted to persons with disabilities shall be determined in proportion to the number of potential beneficiaries compared to the total number of free treatment tickets established by the annual law of the insurance budget state social; " 12. Article 21 shall read as follows: "" Art. 21. -Persons with disabilities have the following obligations: a) to present themselves at the commissions of medical expertise of persons with disabilities for adults, which operates under the county councils and local councils of the sectors of Bucharest, respectively at the commissions for protection to the child, for the classification in a category of persons with disabilities who require special protection in relation to the degree of disability, as well as to the periodic reassessment, according to the criteria provided in art. 1 1 para. ((3); b) to follow the individual program of recovery, readjustment and social reintegration established by the medical expertise commissions of persons with disabilities for adults, respectively the child protection commissions, under the supervision of the assistants social services of social assistance services or of non-governmental organizations authorized, according to the law, to carry out special protection activities of persons with disabilities, who collaborate with these services; c) to be in employment, under the law, in relation to the training and their physical-sensory and mental possibilities, after the evaluation of the work capacity and the establishment of adaptive incapacity by the expert social; d) collaborate with social workers and bring to the attention of public social assistance services, within 10 days, any change regarding the degree of disability, domicile, material state, the situation of realized incomes and other situations of nature to amend the granting of the rights provided by law. 13. Article 30 shall read as follows: "" Art. 30. -In the case of issuing certificates of employment in a category of persons with disabilities requiring special protection in relation to the degree of disability, without complying with the criteria established by order of the Minister of Health, the members of the commission medical expertise of persons with disabilities for adults will be obliged, under the law, to: refund of the meeting allowances collected for participation in the commission's activity; amounts representing the rights collected unearned by the beneficiaries, as a result of their compliance with non-compliance with legal provisions. " 14. In Article 40, paragraph 1 shall read as follows: "" Art. 40. -(1) At the beginning of each year, the protected units are required to submit to the regional inspections an information which will include the data necessary to prove compliance with the legal provisions relating to the operation of the unit and for the realization of adaptations and facilitations necessary to carry out the work of persons with disabilities. " 15. In Article 42, paragraph 1 shall read as follows: "" Art. 42. -(1) Economic agents who have at least 75 employees, as well as public authorities and institutions that have at least 25 contractual functions, are required to hire disabled persons with an individual employment contract in a percentage of that. a little 4% of the total number of employees, respectively of the number of contractual functions provided in the state of functions. " 16. Article 43 shall read as follows: "" Art. 43. -(1) Economic agents, public authorities and institutions that do not comply with art. 42 42 para. (1) have the obligation to pay monthly to the state budget an amount equal to the gross minimum wage per country multiplied by the number of jobs in which they did not qualify persons with disabilities. (2) They are exempted from the mandatory payment provided in par. (1) economic agents, public authorities and institutions who prove that they have applied quarterly to the county employment agencies, namely the city of Bucharest, the distribution of qualified persons with disabilities in the trades and that they did not allocate such persons for employment. " 17. in Article 44, the letter g) shall be inserted after letter f) with the following contents: " g) engaging with priority in their specific professions. The list of these professions, according to each type of disability, will be established by the committees for the socio-professional integration of persons with disabilities. " 18. Article 45 shall be repealed. 19. In Article 52, paragraph 1 shall read as follows: "" Art. 52. -(1) The National Authority for Persons with Disabilities may fund its own programs and projects in the field of special protection and socio-professional integration of persons with disabilities and may participate, in partnership with organizations non-governmental persons with disabilities, to the financing of joint projects on the implementation of the strategy and programmes of special protection and socio-professional integration of persons with disabilities. " 20. Article 54 shall read as follows: "" Art. 54. -(1) It constitutes the following facts, if not committed under such conditions that, according to the criminal law, to be considered crimes: a) non-compliance with 11 11 para. ((1), art. 13, 14, art. 15 15 para. ((2), art. 16 16 para. ((1), (2), (4) and (5) and of art. 17 and is sanctioned with a fine of 30,000,000 lei to 60,000,000 lei; b) issuance of certificates of employment in a category of persons with disabilities who require special protection in relation to the degree of disability, in violation of the criteria provided in art. 1 1 para. (3), and is sanctioned with a fine from 10,000,000 lei to 30,000,000 lei. (2) The sanctions provided in par. ((1) shall apply to the guilty natural or legal persons. (3) The finding of the contravention provided in par. ((1) lit. a) and the application of the contravention fine shall be made by the specialized bodies of the Ministry of Transport, Construction and Tourism, the National Control Authority and the National Authority for Persons with Disabilities. Finding of the contravention provided in par. ((1) lit. b) and the application of the contravention fine shall be made by the staff of the National Authority for Persons with Disabilities, empowered by order of the President. (4) The amounts obtained from the application of fines are made to the state budget. (5) The provisions of this Article shall be supplemented by provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. " + Article II (1) Within 60 days from the entry into force of this Law, the socio-professional integration commissions of persons with disabilities shall be constituted as follows: a) at the central level, in addition to the National Authority for Persons with Disabilities; b) at county level and of the sectors of Bucharest, in addition to the county councils and local councils of the sectors of Bucharest. (2) The socio-occupational integration committees of persons with disabilities shall coordinate the activities of training, training, professional orientation and employment of persons with disabilities. (3) The composition of the socio-professional integration commissions of persons with disabilities and their organization and functioning regulations shall be established by order of the Minister of Labour, Social Solidarity and Family, at the proposal of the National Authority for Persons with Disabilities. (4) The activities of training, training and professional orientation and employment of persons with disabilities shall be financed in the framework of projects, programmes and budget appropriations with this destination. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU p. SENATE PRESIDENT, DORU IOAN TARACILA Bucharest, July 12, 2004. No. 343. ______________