Employment Of Persons With Disabilities In Gansu Province Approaches

Original Language Title: 甘肃省残疾人就业办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387184.shtml

Employment of persons with disabilities in Gansu province approaches

    (February 17, 2013 2nd meeting consideration of the people's Government of Gansu province on February 24, 2013 100th release from the people's Government of Gansu province as of April 10, 2013) Chapter I General provisions

    First in order to protect the rights of persons with disabilities to promote and support the employment of people with disabilities, in accordance with the People's Republic of China Law on the protection of disabled persons, the employment of persons with disabilities regulations and the Gansu Provincial disabled persons Ordinance and other relevant legislation, regulations, practice, these measures are formulated.

    Second employment of people with disabilities in these measures refers to the legal age for employment, employment requirements of persons with disabilities in paid work.

    Article within the administrative area of the province of organs, organizations, enterprises, institutions, and private non-enterprise units (hereinafter referred to as the 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.

    Fourth the people's Governments above the county level shall the employment of persons with disabilities should be integrated into national economic and social development plan, according to focus on the principle of combining employment and decentralized employment, develop and implement preferential policies for promoting the employment of people with disabilities and support security measures, improve the employment service system, creating conditions for the employment of people with disabilities.

    Article at various levels shall encourage citizens, legal persons and other social organizations through a variety of channels, many forms to support employment of persons with disabilities, exceeding a specified proportion of the employer to arrange employment for persons with disabilities are encouraged to encourage persons with disabilities through their own careers, their own businesses, and many other forms of employment.

    Persons with disabilities should be improved quality, increased employability, to comply with the employer's discipline, abide by professional ethics. Prohibits discrimination against persons with disabilities in employment.

    Prohibits the use of violence, intimidation or illegal restriction of personal freedom means forced labour of persons with disabilities.

    Sixth people's Government above the county level for persons with disabilities the Committee is responsible for organizing, coordinating, directing, and urge the relevant departments in employment of persons with disabilities.

    Above the county level of human resources and social security, civil affairs, finance, taxation, business administration, statistics, and other relevant departments within the scope of their respective duties and employment of persons with disabilities, and shall safeguard the employment rights of people with disabilities.

    Disabled persons ' Federation at all levels assigned by the Government, is responsible for the implementation and monitoring of the employment of persons with disabilities, disabled persons in its employment services employment services responsible for persons with disabilities.

    Article people's Governments at all levels have made remarkable achievements in the employment of persons with disabilities of the units and individuals, recognition and rewards.

    Chapter II the employer's responsibilities

    Eighth an employing unit shall not be lower than the total number of employees of their unit 1.5% of the arranged employment for persons with disabilities, and to provide appropriate types and positions. Trans-regional recruiting persons with disabilities of the employer, shall be included in the arrangements within the disabled employees. Arrange 1 calculated according to the placement of 2 persons with disabilities for the blind.

    Retired and resigned persons with disabilities, employees with disabilities are not included in the arrangement.

    The employer fails to arrange employment for persons with disabilities or arrange for the employment of people with disabilities are not up to the required proportion of, persons with disabilities employment security fund shall be paid.

    Nineth Governments and societies set up according to law for persons with disabilities in welfare enterprises, blind massage, and other welfare unit (hereinafter referred to as use employer of persons with disabilities), placement of people with disabilities in jobs should be concentrated.

    Service and a massage massage business departments of medical institutions, should give preference to have the qualification or professional technical certificates of blind massage employment. Article tenth use employer who is engaged in full-time employment for persons with disabilities persons with disabilities, should account for the total number of employees of more than 25%.

    Regrouping and the qualification of the employer of persons with disabilities, in accordance with the relevant regulations in States and provinces.

    Article 11th an employer who employs disabled workers shall enter into labor contracts or service agreements with, make full payment of the wages of persons with disabilities and provides for the payment of social insurance premiums.

    12th provided an employer shall provide the disabled workers suited to their physical conditions working conditions and labor protection, workers shall guarantee persons with disabilities in positive, promotion, promotion, position evaluation, remuneration, welfare, rest and vacation, such as equal treatment with other workers.

    Using employer of persons with disabilities, should strengthen reform and construction of barrier-free facilities, creating barrier-free environment for disabled employees work and live.

    13th the employer when layoffs due to difficulties in production and operation to no reduction of disabled workers; bankruptcy should properly place disabled workers.

    14th the employer shall, in accordance with the requirements of disabled persons employment service agencies above the county level, timely report the unit on-the-job workers, this year's arrangement the employment situation of persons with disabilities and the following year hired persons with disabilities employment program.

    15th the employer shall not be arbitrarily increased workers ' burden on persons with disabilities, extending the working hours of disabled workers.

    Chapter III safeguard measures

    16th in open recruitment of staff, the employer shall not set the conditions and requirements that discriminate against persons with disabilities.

    Open audition and hiring civil servants, other workers of the employer, apart from the posts of special requirements, and meet the conditions of persons with disabilities shall not be refused.

    Various types of vocational schools and vocational training institutions, at the time of admission admission, under the same conditions, should be giving priority to disabled students.

    17th human resources and social security departments at or above the county level shall, in conjunction with civil affairs, Federation of persons with disabilities to prepare for employment of persons with disabilities jobs directory, suitable for employment of persons with disabilities to work, guaranteed employment for persons with disabilities.

    Developed by the Government for employment of persons with disabilities public welfare jobs, according to the ratio of not less than 30% to arrange employment for persons with disabilities.

    Relevant departments of college graduates ' employment projects, suitable for persons with disabilities to employment positions, shall give priority to employment of persons with disabilities in the same condition.

    The people's Governments above the county level shall develop community service career, should encourage and support the employment of people with disabilities.

    18th people's Governments above the county level shall establish a system of zero-employment assistance to families of persons with disabilities, ensuring that working families and employment needs of persons with disabilities at least 1 person employment.

    19th people's Governments above the county level should focus on employers of persons with disabilities shall be given tax breaks, the departments concerned shall, on the production, management, technical, financial, material, sites use of support.

    20th above county level people's Governments and relevant departments should identify and support for persons with disabilities, business products, projects, giving priority to focus using the disabled employers for production or business and focus on employers the business characteristics of persons with disabilities to identify certain product by its franchise.

    Under the same conditions, government procurement should be given priority to buy focus disabled employers and persons with disabilities established businesses produce products or provide services. 21st to encourage and support disabled graduates, start their own businesses.

    Self-employed persons with disabilities, industry and commerce administration, taxation, health and other relevant departments should give priority to issuing licenses, and in accordance with the regulations waive administrative fees.

    Apply for small secured loans to eligible persons with disabilities, the Government guarantee agencies and financial institutions, priority should be given to providing guarantees and loans.

    22nd levels of people's Governments at various fund-raising, organization and support of persons with disabilities to engage in farming, aquaculture, processing, and other forms of productive labour.

    Authorities, financial institutions and urban and rural grassroots autonomous organizations of persons with disabilities should be in production services, technical guidance, agricultural supplies, agricultural products purchase and credit help and services. 23rd above county level people's Governments and relevant departments should include poor disabled people in rural areas as poverty alleviation and development focus, and earmarked special funds to support project to increase positive for poor rural families of persons with disabilities.

    Strengthening the construction of bases for poverty alleviation of persons with disabilities, with a certain scale, in line with similar standards of agricultural industrialization leading enterprise base for poverty alleviation of persons with disabilities, in accordance with national and provincial preferential policies on key support.

    24th the people's Governments above the county level shall develop and implement preferential policies for disabled workers ' social security and raise the level of workers ' social security of disabled persons.

    The employer shall provide the disabled workers basic old-age insurance, basic medical insurance, work injury insurance, unemployment insurance and maternity insurance.

    Seriously disabled persons participating in the basic old-age insurance of workers, pay accumulated over 15 years who, upon his own request and with the approval of the human resources and Social Security Department to collect their pensions.

    25th the employer shall pay the amount of disability employment security fund, by the disabled persons ' Federation at all levels for persons with disabilities employment services in accordance with the State and approved by the relevant provisions of this province.

    Agencies, organizations and institutions to be paid by persons with disabilities employment security fund, levied by the financial departments at enterprises, privately-run non-enterprise unit to be paid by persons with disabilities employment security fund, collected by the local tax authorities; other non-local fiscal funds paid by employers for persons with disabilities employment security fund collected by the provincial employment service agencies.

    Employment Security Fund of disabled persons charged by the local tax authorities, in accordance with the relevant provisions on the province, pro rata, into the Treasury of the provincial, city and county levels, charged by the financial Department of employment security fund directly into the Treasury the same level of persons with disabilities. 26th lawfully imposed on persons with disabilities employment security fund shall be incorporated into the budget, job training and employment support for persons with disabilities, as well as employment services for persons with disabilities, and arrangements to promote the construction of social security system and service system.

    No organization or individual shall embezzle, misappropriate or intercept or privately.

    Finance and auditing organ shall strengthen the supervision and inspection of the employment security fund for persons with disabilities the use of.

    27th enterprises, privately-run non-enterprise units to pay employment benefits from the management fees were charged to persons with disabilities, agencies, organizations and institutions made the employment of persons with disabilities benefit from budgetary funding would be covered by.

    Persons with disabilities employment security fund payment, management and use of measures shall be formulated jointly by the Department of finance in conjunction with the provincial Federation.
The fourth chapter employment services

    28th above county level people's Governments and relevant departments employment services to 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.

    29th above county level of human resources and Social Security Department, Federation of persons with disabilities should be regularly organized to carry out vocational skill competition, training and recognition of outstanding talents, set up excellent talents with vocational skills of persons with disabilities, and continuously improve the vocational skills of persons with disabilities.

    30th levels of human resources and social security departments should strengthen the Labour Inspectorate of the employment situation of persons with disabilities, protect labor rights and interests of persons with disabilities.

    Set up by the people's Governments above the county level public employment services, employment of people with disabilities should be incorporated into the human resources market information network, and opened Services window, free employment information for persons with disabilities Advisory, registration of employment agencies and employment services, and waive the escrow fee personnel and personnel of persons with disabilities.

    31st levels of educational administrative departments shall develop vocational education, using all kinds of career colleges and vocational training of persons with disabilities, promoting improved vocational skills of persons with disabilities, strengthening employment and entrepreneurship. Article 32nd financial departments at all levels to encourage and support all kinds of vocational training institutions provide vocational training for persons with disabilities.

    For persons with disabilities to vocational skills training, vocational skills appraisal fee from persons with disabilities in the employment security fund subsidies.

    Article 33rd disabled persons ' Federation at all levels should establish a statistics system for the employment of persons with disabilities, urge and guide employers labor employment service agencies to submit employment information to persons with disabilities.

    Human resources and social security, civil affairs, finance, statistics, taxation, industry and Commerce Administration Department for employment services for persons with disabilities labour force survey statistics and registration help.

    34th above county level people's Governments and relevant departments should strengthen the standardization construction of disability employment services at the institutional aspects of setting up, jobs and staffing support, incorporate the budgetary requirements in full.

    Above the county level article 35th disabled persons Federation of handicapped labor employment service agencies must provide the following services free of charge for the employment of disabled persons:

    (A) employment laws and regulations, policy advice;

    (B) the workplace and vocational training supply and demand information dissemination;

    (C) Organization of vocational training of persons with disabilities;

    (D) provide career counseling, vocational assessment, vocational training, job-oriented guidance, employment agency services;

    (E) massage work guidance and services for the blind;

    (F) guidance, support intelligence, mental and severe physical disabilities accessible employment;

    (VII) provides help and support for persons with disabilities for self-employment and entrepreneurship, to focus on employer to provide support and services for people with disabilities;

    (H) provide support to employers employing disabled persons employment and services;

    (IX) providing support and services for persons with disabilities to engage in agricultural production;

    (10) other services provided for the employment of people with disabilities.

    Article 36th commissioned by the Department of human resources and social security, employment services for persons with disabilities persons with disabilities registered unemployment, employment and unemployment statistics; approved by the local human resources and Social Security Department, disability employment services can make identification of vocational skills of persons with disabilities.

    37th disabled workers for employment and labor matters for legal aid, legal aid institutions at all levels should provide them with legal assistance, disabled persons ' Federation at all levels should provide necessary support and assistance.

    The fifth chapter legal liability

    Article 38th in violation of the rules infringe on labor rights and interests of persons with disabilities, do not stop or give the victims the necessary assistance, resulting in serious consequences, by their work units or a competent superior organ directly responsible for personnel and other disciplined persons constitutes a crime, criminal responsibility shall be investigated according to law.

    39th article violates these rules, embezzlement, misappropriation, interception, dividing up the disabled employment security fund responsible units, persons in charge and other direct liable persons directly responsible for, and constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to disciplinary action or punishment.

    40th article violates these rules, the employer is not in proportion to arrange employment for persons with disabilities, and refusing to pay employment security fund for disabled persons, in accordance with the relevant provisions of the State.

    41st article violates these rules, the employer fraud, false arrangements for persons with disabilities in employment, obtaining centralized employer of persons with disabilities to enjoy tax preferential treatment, by the tax authorities according to law.

    The sixth chapter supplementary articles 42nd article of the rules as of April 10, 2013. 23rd of January 13, 1997 provincial Decree, issued by the distributed proportionally arranged employment measures for persons with disabilities, in Gansu province, abolished at the same time.