Kunming Proportionate Arrangements For Employment Of Persons With Disabilities Regulations

Original Language Title: 昆明市按比例安排残疾人就业规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384548.shtml

Kunming proportionate arrangements for employment of persons with disabilities regulations

    (November 6, 2012, Kunming city people's Government, the 45th Executive meeting November 30, 2012 118th Kunming city people's Government promulgated as of January 1, 2013) first in order to protect the rights of persons with disabilities to promote employment of persons with disabilities, in accordance with the People's Republic of China Law on the protection of disabled persons, the People's Republic of China labor law and the relevant provisions of the employment of persons with disabilities regulations and other laws and regulations, combined with the city's actual, these provisions are formulated.

    Article in the administrative area of the city of organs, organizations, enterprises, institutions and private non-enterprise units (hereinafter referred to as the employer) shall be liable in proportion to the obligation to arrange employment for persons with disabilities.

    Article city and County (city, district) people's Government employment for persons with disabilities should be integrated into national economic and social development planning, strengthen leadership and overall coordination on employment of persons with disabilities.

Fourth of municipal and County (city, district) disabled persons ' Federation (hereinafter referred to as Federation) is responsible for the implementation and supervision arrangements for employment of persons with disabilities; persons with disabilities of its employment services, responsible for arranging employment of persons with disabilities to work.

    Human resources and social security, finance, tax, statistical and other departments should work together within their respective mandates in proportion to arrange employment for persons with disabilities.

Fifth unit of the employing unit shall not be lower than the total number of workers 1.5% proportion of disabled persons to employment.

Every one level reaches more than two visual disability employment, computed in accordance with arrange two employment for persons with disabilities. 

    Encouraging the employers of disabled persons to employment and encourage individual arrange employment for persons with disabilities.

    Sixth employer to arrange employment for persons with disabilities, may be recommended for people with disabilities through the employment services, recruitment to the community.

    Article seventh reaches legal age and have some ability to work of persons with disabilities, employment requirements, can be registered with the local disability employment services for job-seekers, accept the recommendation for employment and vocational training.

Eighth the employer shall enter into labor contracts with disabled employees, providing working conditions and labor protection appropriate to their physical condition, not promotion, promotion, evaluation of professional titles, payment, social insurance, welfare and other discrimination against persons with disabilities and workers.

    Employers should be based on the actual conditions of disabled workers, disabled workers induction, job, transfer, training.

Nineth arrange employment for persons with disabilities did not reach the required percentage of the employer, shall be paid on an annual basis for persons with disabilities to employment benefits.

    Persons with disabilities Employment Security Fund annual average wage of workers in the local x = on (last year's total number of employees of the unit x1.5%-unit employed persons with disabilities number of employees for the last year).

    Tenth financial sector should be regularly provided to local employment services to persons with disabilities, public institution personnel, human resources and social security sector should be regularly provided to local employment services to persons with disabilities the basic situation of paying social insurance unit. 11th disabled employment service agencies must annually to proportional arrangement of the employer to verify the employment situation of persons with disabilities, persons with disabilities employment security fund to pay amounts approved.

    Employers shall be required to submit relevant information, truthfully report.

12th arrangements did not reach the required percentage of employment of persons with disabilities, the employing unit shall, in accordance with the payment of disability employment services to determine amount and duration, to local taxation departments to pay employment benefits.

    Approved by the employer disagrees with the employment security fund for the disabled, from the date of receipt of the demand note in the 30th to authorized institutions to apply for a review by the authorities.

    13th State organs, organizations and institutions to pay employment security fund for the disabled, from the Administration and operating expenses would be covered by enterprises, private non-enterprise units paid employment for persons with disabilities benefit from the management fees were charged. Article 14th collection of disability employment security fund into the budget at the same level of management, for use in vocational training and employment services and employment assistance for persons with disabilities.

Approved by the people's Governments at the same level, and for other expenses related to the employment of persons with disabilities, no organization or individual shall embezzle, misappropriate or intercept or privately.

    Financial, auditing departments should strengthen supervision and inspection is imposed by the employment security fund for persons with disabilities.

    Article 15th is imposed by the employment security fund management system, formulated by the municipal finance in conjunction with the disabled persons ' Federation, the tax department.

    16th in arrangements outstanding units and individuals in the employment of persons with disabilities, disabled persons ' Federation reported the same level people's Governments shall award.

    17th proportionally arrangements relating to management and staff in the employment of persons with disabilities in the abuse of power, negligence, malpractice, and constitutes a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment. 18th the employer is not required 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, on a daily basis plus late fees of 5 per thousand.

    For refusing to pay, CDPF according to law by the people's Court for compulsory execution. 19th article of the rules from the date of execution, on September 24, 1994 issued by the Kunming proportionally placed provisional regulations on employment of persons with disabilities (Queensland Government issued (1994), 80th) repealed simultaneously.