Shandong Provincial Disabled Persons Employment Schemes

Original Language Title: 山东省残疾人就业办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399451.shtml

Shandong provincial disabled persons employment schemes

    (November 22, 2013 20th Standing Conference on December 16, 2013, the provincial government order No. 270, promulgated by the people's Government of Shandong province as of February 1, 2014) Chapter I General provisions

    First in order to promote the employment of persons with disabilities, protect the labour rights of persons with disabilities, in accordance with the People's Republic of China Law on the protection of disabled persons, the State Council regulations on the employment of persons with disabilities and the implementation of Shandong province, People's Republic of China approaches, such as the law on the protection of persons with disabilities law and regulations, combined with the facts of the province, these measures are formulated.

    Article within the administrative area of the province of organs, organizations, enterprises, institutions, and private non-enterprise units (hereinafter "employer"), shall, in accordance with the provisions of relevant laws and regulations and these rules, perform the responsibilities and obligations of the supported employment for persons with disabilities.

The third prohibits discrimination against persons with disabilities in the employment of the employer.

Persons with disabilities shall enjoy equal employment, graduates and equal access to rights of remuneration.

    Persons with disabilities should be actively participating in vocational training, improve their quality and enhance employability and entrepreneurial abilities, to comply with the employer's discipline, abide by professional ethics.

    Article IV the leadership of the people's Governments at various levels shall strengthen the employment of persons with disabilities, employment of people with disabilities into the national economy and social development plan and develop preferential policies and support measures, raising funds through various channels, creating the conditions for the employment of people with disabilities.

Fifth above the county level shall be responsible for the work of institutions for the handicapped, responsible for organizing, coordinating, guiding and supervising related departments in employment of persons with disabilities.

    Human resources and social security, and the people's Governments above the county level, finance, civil affairs, taxation and industrial and commercial administration departments in accordance with the duties and employment of persons with disabilities.

Sixth disabled persons ' Federation at all levels in accordance with relevant laws, rules and regulations, specific organization is responsible for the employment of persons with disabilities and supervisory work.

    Trade unions, the Communist Youth League, women's federations, shall, within the scope of their respective duties and employment of persons with disabilities.

    Article seventh in the employment of the disabled have made remarkable achievements in the work units and individuals, in accordance with the relevant regulations, recognize and reward.

    Chapter II the employer's responsibilities Eighth unit of the employing unit shall not be lower than the total number of employees 1.

5% proportion of disabled persons to employment and gradually established in accordance with the proportion of disabled job reservation system and provide adequate jobs, jobs. Shall arrange a ratio in accordance with the provisions of the employment of persons with disabilities is less than 1, schedule 1. Arrange 1 tier I or tier II blind, calculated in accordance with Schedule 2 persons with disabilities.

    Employers across the province, city and County (city, district) employ persons with disabilities, disabled workers shall be included in the arrangements. Nineth employer organization not up to the required ratio of employment of persons with disabilities, shall be paid according to the actual percentage of difference between the employment benefits.

    Disabled persons in paid employment security fund, shall, in accordance with the annual difference between the number of in-service workers in the statistics published by the Department with an annual calculation of the average annual wage.

    Article tenth first quarter of each year, the employer shall report to the local disability employment services within this unit last year to arrange employment for persons with disabilities, the number of workers this year and plans to arrange employment for persons with disabilities.

11th run by Government and society in accordance with the welfare of the disabled business, massage for the blind agencies, occupational therapy and other benefits (hereinafter "focus on employers of persons with disabilities") should focus on arranging employment for persons with disabilities.

Focus on persons with disabilities persons with disabilities number of employees of the employer who is engaged in full-time work, should account for the total number of employees of 25%, and the actual number of disabled people placed in 10 or more people.

    Pooling of the qualification of the employer of persons with disabilities, in accordance with the relevant provisions of the State.

12th when an employer recruits staff, shall not be rejected on grounds of disability, hiring disabled people who meet the job requirements.

    Organs, mass organizations, institutions, the proportion of State-owned enterprises should take the lead in implementation in accordance with the arrangements for persons with disabilities employment and gradually established in accordance with the proportion of disabled job reservation system, new recruit civil servants, when recruiting staff or employees of public institutions and shall not refuse to employ qualified persons with disabilities.

    Article 13th an employer who employs disabled workers shall enter into labor contracts or service agreements with, and insurance law staff reductions, should give priority to retain disabled workers or members of their families and disabled employees terminated labor contracts or service agreements, it shall report to the local disabled persons ' federations for the record.

    14th the employer shall provide the disabled workers pay labor remuneration in full and on time, and shall not be less than the local minimum wage.

    15th an employer shall provide disabled workers with appropriate to their physical conditions working conditions and labor protection, not by means of violence, threat or restriction of personal freedom, such as forced labour of persons with disabilities.

    16th an employer must not in promotion, promotion, job appraisal, remuneration, welfare, rest, leave, social insurance and other aspects of discrimination against disabled employees.

    17th the employing unit should be based on the actual conditions of disabled workers, disabled workers free to receive, post, transfer, training.

    18th the employer shall take measures to gradually build and improve specifications of barrier-free facilities, promoting exchange of information accessible, improve the employment situation of persons with disabilities.

    Chapter III safeguard measures

19th people's Governments at various levels shall take measures to broaden the channels of employment for persons with disabilities, development for the employment of disabled persons in the form of jobs, guaranteed employment for persons with disabilities.

Encourage social organizations and individuals to contribute to the promotion of employment of persons with disabilities and service.

    Encourages the employer each year to purchase an accident insurance of workers serving persons with disabilities.

20th levels of government investment or support the development of public welfare position suitable for employment of persons with disabilities shall, not less than the proportion of total employment 10% arrange employment for persons with disabilities.

People's Governments at all levels to develop, establish and improve community services social services, shall give priority to the employment of disabled persons.

    Township and County (city, district) people's Governments shall be persons with disabilities full time officers into social workers, protect their wages, benefits, social security benefits; the grassroots organizations and members of the community of persons with disabilities full subsidies in accordance with the provisions and requirements by the financial burden.

    21st District of city and County (city, district) people's Governments and their competent authorities should draw in urban areas, appropriate premises or stalls for disabled persons engaged in business activities, and in accordance with the regulations waive management classes, registration, class and classes of certificates of administrative fees; the tax authority shall, in accordance with relevant regulations of the State shall be subject to tax. 22nd article in proportion to arrange employment for persons with disabilities annual report system.

    Disability employment services established by the disabled persons ' Federation at all levels, the employer arranged the employment situation of persons with disabilities in proportion to annual audits; did not reach the required percentage of employers recommending the employment of persons with disabilities, employers cannot set may not refuse.

Article 23rd employment benefits in principle in accordance with the principle of territoriality is imposed by management.

    Stationed in Jinan, provincial financial departments the full allocation of the budget unit shall pay the employment security fund for the disabled, by the provincial financial department withheld in full, is a provincial revenues above others stationed in Jinan, the provincial organs, organizations, institutions shall pay the employment security fund for the disabled, paid to the disabled employment service agencies.

24th article financial full funding of employing units should paid of disabled employment guarantees gold, by disabled Federation reported this level financial sector full generation buckle, generation buckle approach by province and set district of city respectively separately developed; in place tax organ handle tax registration of employing units, by place tax organ law generation received; other employing units should paid of disabled employment guarantees gold, to sibling disabled Federation of employment service institutions paid.

    City divided into districts and the County (city, district) people's Government imposed on persons with disabilities employment security fund, its collection for 5% of the total provincial revenues, in the year period by providing for the levy is imposed by the channel turned over to the provincial finance, use as a provincial adjustment funds and manpower.

25th lawfully imposed on persons with disabilities employment security fund shall be incorporated into the budget, the two lines of income and expenditure management, in accordance with the relevant provisions, shall not be used to balance the budget, no organization or individual may misappropriate or intercept or privately. Relevant units shall regularly publicize the employment security fund for disabled persons to use.

    Finance and auditing Department shall regularly monitor the use of the employment security fund for persons with disabilities inspection and audit, and the results are open to the public.

26th people's Governments above the county level shall implement preferential tax provisions, eligible employers to enjoy preferential tax policies.

    Tax pooling of employers of persons with disabilities on remission and refund of taxes, shall be not less than the proportion of their total 10% for subsidizing social insurance fees paid by individual employees should be persons with disabilities.

27th people's Governments above the county level authorities, disabled persons Federation shall determine the appropriate production, products, projects, giving priority to focus on employment of disabled persons and persons with disabilities, founded by enterprises and other disability benefits unit production, operating, according to the employer's characteristics to identify certain products from their production, and their production, products and services into the Government procurement catalog.

    Offices and institutions in the procurement of products and services work, bidding units should be placed into the evaluation system in the employment situation of persons with disabilities, quantifies points; other procurement methods, under the same conditions, priority enterprises, founded by persons with disabilities and welfare enterprises, supporting persons with disabilities employment enterprise, high employment ratio disabled unit products and services.

28th people's Governments above the county level in a given period to graduates, self-employment for persons with disabilities to give microfinance loans and other support.
Encourage independent employment, start their own businesses.

    29th above county level people's Governments and relevant departments should organize and support disabled persons engaged in farming in rural areas, farming, handicrafts and other forms of productive labor, arrangements for a certain percentage of disabled persons employment security fund to support development of persons with disabilities in rural areas, and in the production of services, technical guidance, agricultural supplies, agricultural products purchase and credit support. Article 30th staff participate in major competitions at home and abroad, and participated in training during encourages employers to retain their wages and benefits; the disabled player, organizational units should be subsidized.

    In domestic and foreign major sports, as well as vocational skills competition in the outstanding achievements of elite disabled athletes or players, institutions, organizations, enterprises and institutions shall create conditions and actively promote their employment.

    The fourth chapter employment services

    31st relevant departments of the people's Governments above the county level and employment of persons with disabilities should be included in the public employment service system, and to provide persons with disabilities with employment difficulties with targeted employment assistance services, to encourage and support vocational training institutions and professional accreditation bodies to provide persons with disabilities with vocational training and professional qualifications, training and certification in accordance with the provisions given subsidies, and organizing regular skill competitions.

    32nd levels of human resources employment for persons with disabilities should be established in the market window, recommend to the employer the employment of disabled persons, in accordance with the relevant provisions for the custody of archives, and waive the escrow fee personnel and personnel employment persons with disabilities.

Article 33rd disabled persons Federation of disability employment services should be set up above the county level, and provides the following services for free:

(A) publishing information on employment of persons with disabilities;

(B) organize vocational and practical technical training of persons with disabilities;

(C) for persons with disabilities provide career counseling, vocational assessment, vocational training, job-oriented guidance, employment agency services;

(D) employment for individuals with disabilities and their own careers, trans-regional employment and rural migrant workers, organized labor and other persons with disabilities to provide the necessary assistance;

(E) provide the necessary support to employers employing disabled persons employment.

    Other employment service agencies for the employment of people with disabilities are encouraged to provide services free of charge.

    Article 34th disproportionately disabled employment the employer, in accordance with the provisions for people with disabilities through employment security fund to give some incentives for this unit for the disabled workers pay social insurance fees, job training and to buy accidental injury insurance.

    35th dispute workers and employers of persons with disabilities, human resources and social security departments should actively coordinate, safeguard workers ' legitimate rights and interests of persons with disabilities, disabled persons ' Federation at all levels should provide necessary help and support, and coordination of relevant departments as required to provide legal assistance, free with Braille, sign language interpretation and other services.

    The fifth chapter legal liability

    36th article violates these rules, the relevant administrative departments, units and related personnel who abuse their powers, neglect their duties, engages in, depending on the seriousness of the disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.

    37th article violates these rules, employment security fund misappropriation, interception, dividing up persons with disabilities, and persons with disabilities in employment security fund to balance the budget does not constitute a crime, of the relevant units and persons directly responsible shall be given sanctions or penalties constitutes a crime, criminal responsibility shall be investigated according to law.

Article 38th in violation of these regulations, the employer failing to pay employment security fund for disabled persons, given a warning by the financial sector, ordered to pay late is still not paid, except to pay outstanding amounts, shall from the date of default of payment in accordance with the proportion of 5 per thousand per day plus late fees.

    Plus late fees provided for in the preceding paragraph shall not exceed the amount of employment for persons with disabilities benefit amounts.

    39th in violation of these rules, the employer fraud, false arrangements for persons with disabilities in employment by means of obtaining centralized employer of persons with disabilities to enjoy tax preferential treatment, by the tax authorities according to law.

    The sixth chapter supplementary articles

    40th employment of people with disabilities in these measures refers to compliance with the statutory employment age, employment requirements of persons with disabilities in paid work. 41st these measures come into force February 1, 2014. December 27, 2000 issued by the people's Government of Shandong province, Shandong province, in proportion to arrange employment measures for persons with disabilities (provincial governments, 115th) repealed simultaneously.