60
completions, "the mental disorders of any kind and behavioral disorders" are contraindications
for the activity of the teaching staff in educational institutions.
However, the same government decision provides that the respective contraindications
are relative; they require the evaluation of the relationship between the severity of the medical
condition and the constituent factors of the working condition and the evaluation performed
by the occupational medicine doctor. In practice, even in the situation of a teacher who has
practiced numerous acts of violence against children, the medical evaluation was favorable.
Solution: amending and supplementing Law no. 1/2011 of the national education by
establishing medical incompatibilities and including behavioral disorders in the category of
medical incompatibilities.
● Constanța Territorial Office: solved 369 petitions, granted 634 hearings, answered
435 telephone calls through the dispatch service, carried out 136 awareness raising activities
/ collaboration with other authorities, was notified ex officio in 68 cases, conducted 24
investigations and made 9 recommendations.
Recommendations implemented successfully:
File no. 510/2019 The People's Advocate approved the conduct of an investigation at
the “Artemia” Techirghiol Neuropsychiatric Recovery and Rehabilitation Center, following
an ex officio proceeding, in relation to the news that a commission established at the level of
the General Directorate for Social Assistance and Child Protection of Constanța County
verifies the circumstances in which an employee of the Artemia Techirghiol Neuropsychiatric
Recovery and Rehabilitation Center suffered a work-related injury and was admitted to
Constanța County Hospital.
After the event, D.G.A.S.P.C. Constanta took the measure of establishing an
administrative investigation commission, in order to establish the factual situation and to
identify the persons who are responsible for possible violations of the operational procedures
applicable at the level of the center, but at the time of the investigation, the final administrative
investigation report was still in work.
The event was registered at the Territorial Labor Inspectorate Constanta as a work
accident, being constituted a commission of investigation of the work accident.
Whereas, up to the date of the investigation, the administrative investigation
commission of the D.G.A.S.P.C. Constanta did not draw up the final administrative
investigation report, which aimed to establish the factual situation, to identify the persons who
are responsible for possible violations of the operational procedures applicable at the level
of the center, as well as the measures taken, the People's Advocate issued Recommendation
no. 112/2019.
The director of the General Directorate of Social Assistance and Child Protection
Constanța, informed us that the recommendation was accepted, stating that: the filling of
vacancies and temporary vacancies with care staff is being implemented by making available
the vacant positions to be occupied through contest, on December 10, 2019 at C.R.R.N.
"Artemia" Techirghiol; the process of acquiring training courses for crisis management was
started; the Operational Procedure on Crisis Management was elaborated, by C.R.R.N.
"Artemia" Techirghiol.
File no. 50/2019 The petitioner notified that following a civil decision of 2017,
pronounced by the Constanta Court of Appeal, the Constanța County House of Pensions did
not order the recalculation of the seniority pension in his favor, as provided by the final
decision device.
PEOPLE’S ADVOCATE
ANNUAL REPORT 2019
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents