In November 2024, legislative changes were introduced in the social domain, specifically regarding the calculation basis for medical leave. Additionally, there is good news for people with disabilities: they will receive new financial benefits and have more employment opportunities due to obligations imposed on employers. Learn in detail about the changes brought by the new legal provisions and how they will impact your income or that of your colleagues!
New Benefits for Employees in Cases of Workplace Accidents and Occupational Diseases – What Ordinance 127/2024 Provides
- Emergency ordinance no. 127/2024
Emergency ordinance no. 127/2024
Emergency ordinance no. 127/2024 published in the Official Gazette no. 1124 of 11.11.2024 regarding some measures in the social field makes the following clarifications:
Comment: this emergency ordinance brings a series of changes and additions to some normative acts, such as:
- Law no. 346/2002 regarding the insurance for occupational accidents and occupational diseases – in this sense, we mention that article 19 of the law is amended and will have the following content: “(1) The basis for calculating allowances for temporary incapacity for work, for reducing working time or for the temporary transfer to another job is determined as the average of the gross income from wages or wages assimilated to wages defined according to Law no. 227/2015 regarding the Fiscal Code, with subsequent amendments and additions, made monthly by the insured at the employer, in the last 6 months prior to the month for which medical leave is granted, without taking into account the income obtained at other employers.”
At the same time, article 361 is introduced, with the following content: “(1) Insurers of the insurance system for work accidents and occupational diseases registered with a work accident, who suffered burns of the IIB-III degree located on the face, scalp, hands, feet , genital organs, perineum, large joints and/or third degree burns with other locations, but which affect at least 10% of the body surface, benefit from compensation for temporary incapacity to work in amount of 100%. From the average income from wages or wages assimilated to wages.” An important aspect to remember is that in the case of these insured persons, the allowance for temporary incapacity for work is granted for the entire period of treatment, until recovery, including the recovery period.
- Law no. 200/2006 regarding the establishment and use of the Guarantee Fund for the payment of salary claims – letter e) of article 13 of the Law is amended and will have the following content: “e) outstanding allowances, which employers are obliged to pay during the reduction and/or temporary interruption of activity, according to art. 53 para. (1) from Law no. 53/2003 – Labor Code, republished, with subsequent amendments and additions.”
We specify that the current changes state that requests for determining the amount of salary claims due to employees and making their payment are made at the written request of the administrator or liquidator of the insolvent employer and/or based on the request made by the employees of the insolvent employer and will be resolved according to the legal provisions in force at the time of their submission.
Enhanced Rights for People with Disabilities
- Law no. 448/2006 regarding the protection and promotion of the rights of persons with disabilities – Two new notions are introduced, respectively:
1) Solidarity compensation – social benefit granted to people with severe visual disabilities, severe disabilities and accentuated disabilities.
2) Support point – social benefit granted for each year of contributory contribution period completed under conditions of severe visual disability, severe disability and accentuated disability.
Starting with January 1, 2025, people with severe visual impairment, severe disability and accentuated disability – who benefit from a pension for the age limit, whose rights have been established on the basis of the certificate of the person with severe visual impairment, respectively the person with severe disability or handicap accentuated for which the amount of the pension was maintained following the recalculation provided by the pension legislation in force, compared to the amount of the pension in payment on August 31, 2024 – will benefit from a solidarity allowance determined by reference to the amount of the pension for the age limit that is being paid or due according to the legislation prior to August 31, 2024.
At the same time, it is stipulated that persons with severe visual disabilities, with severe disabilities and accentuated disabilities who request a pension for the age limit (under the conditions provided by art. 581 paragraph 7 of the Law) benefit from 1 point of support for each year of training contributory contribution made under conditions of severe visual handicap and severe handicap, respectively of 0.5 support points for each year of contributory contribution made under conditions of accentuated handicap. The value of the previously mentioned support point represents 0.125 of the reference social indicator (ISR).
New Rules for Companies with Over 50 Employees
At the same time, this normative act establishes that public authorities and institutions, legal entities, public or private, that have at least 50 employees, have the obligation to employ disabled people in a percentage of at least 4% of the total number of employees, must request the support of non-governmental organizations that, according to their statute, provide services for the benefit of people with disabilities, in order to respect the percentage established by law.
In order to fulfill this obligation, the entities will submit to the National Authority for the Protection of the Rights of Persons with Disabilities and the National Agency for the Employment of the Labor Force the written request, as well as the proof of its transmission to the previously mentioned non-governmental organizations, to communicate the vacant positions suitable for occupation by persons with disabilities disabilities. The request must include the description of the duties for the respective positions, the necessary qualifications, as well as the work schedule.
Finally, we specify that public authorities and institutions, legal entities, public or private, that have at least 50 employees, have the obligation to transmit annually, until January 31 for the previous year, to the National Authority for the Protection of the Rights of Persons with Disabilities and The National Agency for Employment of the Labor Force a centralized situation of the positions occupied by employed persons with disabilities and an inventory of the competencies required for employment.
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