“There are deaf or blind people who do not want a contract of employment (for fear of losing their disability pension) and ask us if they can work under a contract of employment or some other acceptable form. “
According to Art. 2 para. 1 of Law 448/2006 on the protection and promotion of the rights of persons with disabilities, persons with disabilities are those persons whose social environment, not adapted to their physical, sensory, mental, mental and/or associated impairments, totally prevents them or limits their equal access to the life of society, requiring protective measures in support of integration and social inclusion.
The monthly allowance for adults with disabilities represents, according to Law 448/2006 art. 58 para. 4 (a), the amount of money that he/she receives monthly, regardless of income, depending on the degree of disability in which he/she is classified.
Persons with disabilities have the right to work and earn income, and can be employed according to their professional training and work capacity, attested by the certificate of classification in degree of disability, issued by the evaluation commissions at county or district level.
Persons with disabilities have the right to work and to earn income, and can be employed according to their professional training and work capacity, attested by the certificate of disability, issued by the evaluation commissions at county level or at the level of the sectors of Bucharest.
Article 77 paragraph 2 of Law 448/2006 clarifies that disabled person is also understood as a disabled person grade III.
Therefore, disabled persons, including disabled persons grade III, can work under an individual employment contract without losing the monthly allowance, regardless of the salary level.
As regards the disability pension, its definition can be found in Article 68 of Law 263/2010 on the unitary public pension system:
1) The disability pension is due to persons who have not reached the standard retirement age specified in Annex No. 5 and who have lost all or at least half of their working capacity due to:
a) accidents at work and occupational diseases, as defined by law;
b) neoplasia, schizophrenia and AIDS;
c) common illnesses and accidents not related to work.
According to Article 118 of the same Law 263/2010:
- In the public pension system, the following categories of pensioners may accumulate pension with income from dependent activities, as regulated by the Tax Code, regardless of their level:
a) pensioners for age limit;
b) blind people;
c) third-degree disability pensioners and their children who are third-degree disability pensioners
12) In the public pension system, pensioners may combine their pension with income from self-employment and intellectual property rights, as regulated by the Tax Code, regardless of their level.
So blind people and people with a third degree of disability will not lose their disability pension if they work under an employment contract (for people with a third degree of disability the contract must be part-time for a maximum of 4 hours/day) or if they earn income from self-employment.