Noi reguli pentru angajarea persoanelor cu dizabilitati in 2025

In 2024, significant changes were implemented in Law 448, which regulates the protection and promotion of the rights of persons with disabilities, and Order 28/11/2025, published in the Official Gazette no. 68/28.01.2025, establishes the methods by which employers' new obligations regarding the employment of persons with disabilities are applied.

Until the end of 2024, if you had a team of at least 50 employees and did not hire persons with disabilities, you had the option to contribute monthly to the disability fund. However, starting in 2025, you will need to actively demonstrate that you have made efforts to recruit persons with disabilities.

The changes brought by Order 127/2024 target employers with at least 50 employees, in accordance with the provisions of Article 78 of Law 448/2006 and Article 2 of Order 1001/2022.

To avoid penalties and ensure compliance, it is important to stay informed about the new amendments to Law 448 regarding the employment of people with disabilities, understand how the hiring requirements are calculated, and be aware of employers' obligations regarding recruitment and the reporting of job openings for people with disabilities

What options did you have in 2024 regarding the employment of people with disabilities?

According to Article 78, paragraph (2) of Law 448, the obligation to employ people with disabilities at a rate of at least 4% of the total number of employees applies to public authorities and institutions, as well as public or private legal entities with at least 50 employees.

If you didn't employ people with disabilities, although you were required to, in 2024 you had two options:

Payment of a monthly sum to the state budget, equivalent to the national minimum gross salary, multiplied by the number of positions not occupied by people with disabilities, or
Monthly payment of at least 50% of the national minimum gross salary to the state budget, while the difference must be used for purchasing products and/or services made by sheltered units that employ people with disabilities.

The majority of employers preferred to pay the amount to the state budget, and few hired people with disabilities.

Legislative Changes for Employers with over 50 Employees, under Law 448/2006

Starting from January 2025, the provisions have changed. Law 448 was amended by Order 127/2024, which applies to employers with at least 50 employees, as defined in Article 78 of Law 448/2006 and Article 2 of Order 1001/2022. Additionally, on January 28, 2025, Order 28/11/2025 was published, which regulates the implementation of the new employer obligations regarding the employment of people with disabilities.

New obligations for employers introduced by GEO 127/2024

Three new paragraphs are introduced after paragraph (2) of Article 78 of Law 448/2006.1Three new paragraphs are introduced after paragraph (2) of Article 78 of Law 448/2006.2)-(24), cu urmatorul cuprins:

(22) To fulfill the obligation provided in paragraph (2), entities must provide evidence that, through a written request, they have sought the support of non-governmental organizations that, according to their statute, provide services for the benefit of people with disabilities, in order to comply with the percentage set by law.

"(23) To fulfill the obligation in paragraph (22), entities must submit to the National Authority for the Protection of the Rights of Persons with Disabilities and the National Employment Agency the written request, as well as evidence of its submission to the non-governmental organizations mentioned in paragraph (22), to communicate the suitable vacant positions for occupation by people with disabilities. The request in paragraph (22) must include a description of the duties for the respective positions, the required qualifications, and the working hours.

(24) Entities mentioned in paragraph (2) are required to submit annually, by January 31 for the previous year, to the National Authority for the Protection of the Rights of Persons with Disabilities and the National Employment Agency a centralized report of the positions occupied by employed people with disabilities and an inventory of the skills required for employment.

How to calculate the number of people with disabilities to employ

The law requires companies with at least 50 employees to hire people with disabilities at a rate of at least 4% of the total workforce. In this case, it is very important to understand how to calculate the average number of employees in a reference month and to adhere strictly to the wording used in the law, which specifies hiring at least 4%, paying close attention to approximations.

How to calculate the hiring requirements according to the instructions from October 13, 2022 for the implementation of Article 78, paragraphs (2) and (3) of Law no. 448/2006 regarding the protection and promotion of the rights of persons with disabilities:

The daily average of employees from the reference month is taken into account
Part-time employees are included in the total number of employees proportional to the hours worked.
Employees on unpaid leave, on strike, or seconded abroad are excluded from the calculation.
For non-working days (weekly rest, public holidays), the same number of employees from the previous working day is considered, except for those who terminated their contract on that specific day.
If, at the end, the daily average number of employees is 50 or more, the entity in question has the obligations set out in Article 78, paragraphs (2) and (3) of Law no. 448/2006 (including the employment of persons with disabilities or the payment of the contribution).
Rounding is done upwards to comply with the minimum 4% requirement.

Options until 2024 in the situation where the company had 50 employees, but could not create, release, or supplement positions for people with disabilities?

In this case, it means you cannot fulfill the 4% quota through hiring, so you will pay the monthly contribution to the state budget or you can purchase (goods or services from sheltered units) partially from the amount owed (according to the 2022 instructions).

Obligations you have starting in 2025 if you exceed the threshold of 50 employees and have vacant positions

Starting from January 2025, through the two orders, Order 127/2024 and Order 28/11/2025, the following obligations have been introduced

1. You are required to report annually the positions occupied by people with disabilities in the previous year and to create an inventory of the skills required for employment (such as educational requirements, qualifications, skills, etc. that were requested).

For this reporting, Annex 2 of Order no. 28/11/2025 must be completed: Deadline – January 31, 2025, for the previous year.
Annex 2 must be submitted to ANPDPD and AJOFM (or the sector offices) either in paper format or electronically via email.

2. Request support from at least 3 NGOs for hiring people with disabilities (whenever vacant positions arise) within 10 days of meeting the employee number requirement (Annex 1 of Order no. 28/11/2025 must be completed):

Employers must request support from at least 3 NGOs that have in their statute the provision of services for people with disabilities within the territorial area of their headquarters (Annex 1 must be sent to these NGOs).
To identify the NGOs, the National Register of NGOs will be consulted at https://www.just.ro/registrul-national-ong/ (make sure they are not deregistered, in liquidation, or dissolved).
Each time support is requested from NGOs, these requests (Annex 1), along with proof of submission, must be communicated to ANPDPD and AJOFM (or the sector offices).

The email addresses of the two institutions are:

For ANPDPD – registratura@anpd.gov.ro
For unemployment – Bucharest: sector agencies, and county agencies for employers with headquarters in other counties.