Filing an appeal against the unlawful firing of personal assistants of persons with disabilities

In the context of the conflict escalation of the personal assistants of children with disabilities, who are in the position to be notified for the abusive firing, we note the following observations:

1. The issue of financial allocations for the payment of personal assistants and the special child protection area resulting from the new arhitecture of the National Budget can’t justify the firing of the parents/personal assistants of children and adults with disabilities.

1. The financial rights related to the employment as personal assistant of the child/ adult with disabilities paid through the Town Halls (paid leave, transport tickets etc.) can’t be subject to the budgetary savings/constraints of the local authorities. Equally, they don’t constitute “favors” granted to personal companions/assistants of an optional nature.

1. The restriction, limitation or violation these rights is a violation of a minimum form of protection guaranteed by the law regarding the persons with disabilities.

We make available for parents the generic model to sue the Town Halls, which can be used in the notification situation regarding the firing from the position of personal assistant for reasons that are not related to the employee:

ACTION MODEL

Steps to be followed:

1. Complete the action with personal data and the amount of the moral damages requested (explained and justified).

1. Submit the file that must contain the dated and signed action, the copy of the identity card, the copy of the disability certificate (certificates of confomity- handwritten and signed: ACCORDING TO THE ORIGINAL), the copy of the decision of firing. The file must be filed in duplicate: one for the Court, the other for the respondent.

1. Being a labor conflict, the stamp duty shouldn’t be paid.

For additional information, you can contact us at legal@cedcd.ro