In 2024, important amendments were adopted to Law 448, concerning the protection and promotion of the rights of people with disabilities. Additionally, Order 28/11/2025, published in the Official Gazette 68/28.01.2025, regulates how the new employer obligations regarding the employment of people with disabilities are to be implemented.
Until December 2024, if you had a team of at least 50 people and did not employ individuals with disabilities, you could automatically pay the monthly contribution to the disability fund. However, starting in 2025, you must demonstrate concretely that you have made efforts to recruit individuals with disabilities.
The new obligations, introduced by Order 127/2024, apply to employers with at least 50 employees, as defined by Article 78 of Law 448/2006 and Article 2 of Order 1001/2022.
To avoid legal sanctions and ensure compliance, find out what the main changes to Law 448 regarding the employment of people with disabilities are, how the employment requirements are calculated, and what the employer’s obligations are regarding recruitment and reporting of positions for people with disabilities.
Options Until 2024 Regarding the Employment of People with Disabilities
According to Article 78, paragraph (2) of Law 448, the obligation to employ people with disabilities in a proportion 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 did not employ people with disabilities, despite being obligated to do so, in 2024 you had two options:
- Paying a monthly amount to the state budget, equivalent to the national gross minimum salary, multiplied by the number of jobs not occupied by people with disabilities.
- Paying at least 50% of the national gross minimum salary monthly to the state budget, with the remaining amount to be used for purchasing products and/or services produced by sheltered units that employ people with disabilities.
Most employers preferred to pay the corresponding amount to the state budget, and few hired people with disabilities.
Amendments to Law 448/2006 for Employers with at Least 50 Employees
Starting 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 by 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 how the new employer obligations regarding the employment of people with disabilities are to be implemented.
Emergency Ordinance 127/2024 mentions: In Article 78 of Law 448/2006, after paragraph (21), three new paragraphs, paragraphs (22)-(24), are introduced, with the following content:
(22) To fulfill the obligation stated in paragraph (2), entities must provide evidence that, through a written request, they have sought support from non-governmental organizations that, according to their statutes, provide services for people with disabilities, to meet the percentage established 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, along with proof of its submission to the non-governmental organizations mentioned in paragraph (22), in order to communicate the vacant positions suitable for employment by people with disabilities. The request in paragraph (22) must include a description of the responsibilities for the respective positions, the required qualifications, and the working hours.
(24) The entities referred to in paragraph (2) are required to submit annually, by January 31st for the previous year, to the National Authority for the Protection of the Rights of Persons with Disabilities and the National Employment Agency a consolidated report of the positions occupied by employed people with disabilities and an inventory of the skills required for hiring.
HOW TO CALCULATE HOW MANY PEOPLE WITH DISABILITIES TO EMPLOY
The law requires companies with at least 50 employees to hire people with disabilities in a proportion of at least 4% of the total workforce. In this case, it is very important to understand how the average number of employees is calculated in a reference month and to adhere exactly to the wording used in the law, which is to hire at least 4%, paying close attention to rounding.
How to calculate the hiring requirement according to the instructions from October 13, 2022, for the application 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 in the reference month is considered.
- Part-time employees are included in the total number of employees proportionally to the hours worked.
- Employees on unpaid leave, on strike, or posted abroad are excluded from the calculation.
- For non-working days (weekly rest, public holidays), the same number of employees as the previous working day is used, except for those who terminated their contracts on that day.
- Suppose the final daily average of employees is 50 or greater. In that case, the entity in question is subject to the obligations of Article 78, paragraphs (2) and (3) of Law No. 448/2006 (including hiring people with disabilities or paying the contribution).
- Rounding is done upwards to ensure compliance with the minimum 4% requirement.
WHAT HAPPENS UNTIL 2024 IF YOU HAVE 50 EMPLOYEES BUT CANNOT CREATE, RELEASE, OR SUPPLEMENT POSITIONS FOR PEOPLE WITH DISABILITIES?
In this case, it means that you cannot meet the 4% quota through employment, so you will pay the monthly contribution to the state budget, or you can purchase goods or services from sheltered units partially using the amount owed (according to the 2022 instructions).
WHAT HAPPENS FROM 2025 IF YOU EXCEED THE 50-EMPLOYEE THRESHOLD AND HAVE VACANT POSITIONS?
ADDITIONAL OBLIGATIONS FOR EMPLOYERS (FROM 2025)
Starting in January 2025, through the two orders, Order 127/2024 and Order 28/11/2025, the following obligations were introduced:
1. Annual report on positions occupied by people with disabilities in the previous year and an inventory of the skills required for hiring (what educational requirements, qualifications, skills, etc., were requested).
- For this reporting, Annex 2 of Order 28/11/2025 must be completed. Deadline – January 31, 2025, for the previous year
- Annex 2 is submitted to the National Authority for the Protection of the Rights of Persons with Disabilities (ANPDPD) and the National Employment Agency (AJOFM, or sectoral agencies), either in paper format or electronically via email.
2. Requesting support from at least 3 NGOs for the employment of people with disabilities (whenever vacant positions appear) within 10 days of meeting the employee number condition (Annex 1 of Order 28/11/2025 must be completed).
- Employers will request support from at least 3 NGOs that, according to their statutes, provide services for people with disabilities within the territorial area of the company’s headquarters (Annex 1 must be sent to these NGOs).
- To identify NGOs, consult the National Register of NGOs: https://www.just.ro/registrul-national-ong/ (be careful to check that they are not deregistered, in liquidation, or dissolution).
- Each time support is requested from NGOs, the requests (Annex 1) and proof of submission must be communicated to ANPDPD and AJOFM (or sectoral agencies).
The email addresses for the two institutions are:
- For ANPDPD: registratura@anpd.gov.ro
- For unemployment: Bucharest – sectoral agencies, and county agencies for employers located in other counties.
Looking for support to understand and implement the new provisions in your team?
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