The disabled statute significance

The persons with handicap, in the meaning granted by Law 448/2006, are those persons who lack, because of physical, mental or sensorial deficiencies, the abilities to perform in a normal manner the day-to-day activities, protection measures being necessary for their recovery, integration and social inclusion.

Persons with handicap benefit from the following rights:

•  Health protection - prevention, treatment and recovery
•  Education and professional training
•  Occupation and adjustment at the working place, guidance and professional change
•  Social assistance, respectively social services and social performances
•  Dwelling, arrangement of the personal living environment, transport, access to the physical, informational and communicational environment
•  Spending leisure time, access to culture, sport, tourism
•  Legal assistance
•  Fiscal facilities
• Evaluation and reevaluation through the verification at home of unmovable persons by the members of the evaluation commission, at a 2-year interval 

Persons having a severe or accentuated handicap benefit from the following fiscal facilities:

• Tax waiver on the income from salaries and indemnities of a salary nature
• Waiver from the payment of taxes on buildings and land
• Waiver from the payment of taxes on vehicles, side-car motor-cycles, motor-tricycles, adjusted to the handicap
• Waiver from the payment of the tax for the issuance of the functioning activities for economical activities and their annual visa
• Waiver from the payment of the fee for hotels

 
Persons with handicap may be employed according to their professional qualification and work capacity, attested by the certificate for registration within a handicap degree, issued by the evaluation commissions at a county level or at the level of the Bucharest Municipality.

 
Currently, the verification of professional aptitudes for persons with handicap shall be done exclusively during a trainee period of maximum 45 working days.

With regard to the working and rest time, the employee with handicap has the possibility to work less than 8 hours a day, if he/she benefits from the recommendation of the evaluation commission in that respect. At the same time, he/she is entitled to an annual supplementary holiday of 3 days (article 142 of the Labor Code), and, in case of the blind employee, of 6 days (article 57 of the national collective labor agreement on 2007-2010).

According to the legislation in force, the employee with handicap will be granted a paid prior notice, of minimum 30 working days, since the termination of the individual labor agreement out of the employer's initiative for reasons not-attributable to him.