Guizhou Provincial Disabled Persons Employment Schemes

Original Language Title: 贵州省残疾人就业办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384505.shtml

Guizhou Provincial disabled persons employment schemes

    (December 25, 2012 in Guizhou province, the people's Government of the 69th General session on January 5, 2013, 137th promulgated by the people's Government of Guizhou province as of March 1, 2013) Chapter I General provisions

    First to promote the employment of persons with disabilities, protect the labour rights of persons with disabilities, in accordance with the Employment Ordinance and the provisions of other relevant laws and regulations, based on actual Guizhou, these measures are formulated.

    Article within the administrative area of the organs, organizations, enterprises and 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.

    Employment of people with disabilities in these measures, refers to the holding of the People's Republic of China disabled persons and certificate of compliance with the statutory age for employment, employment requirements and the employability of people with disabilities in paid work.

    Article combining centralized and decentralized employment of employment of persons with disabilities employment policy, encourage social organizations and individuals through a variety of channels, in various forms, help and support the employment of people with disabilities encourages disabled persons through self-employment, independent employment and self-employment, and other forms of employment.

    Fourth the people's Governments above the county level shall strengthen leadership of the employment of persons with disabilities, employment of people with disabilities into national economic and social development planning and formulation of preferential policies and support measures, raising funds through various channels, creating the conditions for the employment of people with disabilities. 

    Fifth 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.

    Disabled persons ' Federation at all levels in accordance with the laws, regulations or entrusted by the Government, is responsible for the employment of persons with disabilities within their respective administrative areas implementation and supervision of the particular organization.

    The people's Government above the county level of human resources and social security, civil affairs, finance, industry and commerce, taxation, finance, agriculture, poverty alleviation and other departments shall, within the scope of their respective duties and employment of persons with disabilities.    

    Sixth Federation of the disabled persons with disabilities employment service agency (hereinafter referred to as the employment of disabled persons Services) is part of the public employment services, with funds into financial management of public budget of income and expenditure.

    Article seventh should improve their own quality, and improve their employability, to comply with the employer's discipline, abide by professional ethics.

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

    Chapter II the employer's responsibilities

    Nineth employer in accordance with the ratio of not less than the total number of employees of the unit 1.5% arrange employment for persons with disabilities, and to provide appropriate types and positions.

    Employer for 1 blind or seriously disabled persons employment, calculated in accordance with Schedule 2 persons with disabilities. Tenth employer failing to arrange employment for persons with disabilities or arrangement does not reach the required percentage of employment of persons with disabilities, in accordance with the actual difference between the number of paid employment for persons with disabilities benefit (hereinafter benefit).

    Pay standards for each disabled indexes published by the Statistical Office calculated on annual average wage of workers in the region.

    11th civil service recruitment, hiring, and may not refuse to comply with the conditions of persons with disabilities to apply for, under the same conditions give preference to persons with disabilities.

    State organs, organizations, institutions and State-owned enterprises should take the lead in employing disabled persons employment arrangement did not reach the required percentage of employment of persons with disabilities, when the new staff, giving priority to hire qualified persons with disabilities.

    Employers when recruiting employees, appropriate employment position, no set restriction conditions of recruitment of persons with disabilities; meets the conditions of employment of persons with disabilities and shall not refuse to receive.

    12th Government and social welfare enterprises for the disabled, the blind massage set up according to law institutions, fostering agencies, persons with disabilities protected factories and other units (hereinafter referred to as use employer of persons with disabilities), should focus on arranging employment for persons with disabilities.

    Using employer of persons with disabilities, disabled workers engaged in full-time work, should account for the total number of employees of 25%, blind massage institutions working workers accounted for more than 50% of the blind.

    Companies for the benefit of persons with disabilities found that civil affairs departments above the county level people's Government responsible for the cognizance of other centralized employer of persons with disabilities, the disabled persons ' federations above county level shall be responsible for.

    Article 13th an employer who employs disabled persons, they shall enter into labor contracts or service agreements.

    Employers to persons with disabilities and workers pay labor remuneration in full and on time, and for it to carry out basic endowment insurance, basic medical insurance, unemployment insurance, industrial injury insurance and maternity insurance.

    Employee employer guarantees persons with disabilities in positive, promotion, promotion, position evaluation, remuneration, social security, rest, leave, welfare and so on with other workers enjoy equal treatment.

    14th an employer shall provide disabled workers with appropriate to their physical conditions working conditions and labor protection, and their workplaces and barrier-free work environment to carry out the necessary construction or renovation.

    15th the employer based on the actual conditions of disabled workers, and to free the disabled workers induction, job, transfer, training, improve their work skills. 

    16th employer downsizing, should give priority to retain disabled workers; employers cut staff persons with disabilities should be 30th in advance in writing to the County employment service reasons, for their comments.

    After reduction of disabled workers of the employer, within 6 months to hire new staff, it shall notify the disabled employees have been made redundant, and under the same conditions priority recruit disabled workers have been made redundant.

    17th an employer may not terminate the employer occupational diseases due to a work-related injury and was confirmed as having lost or partially lost his capacity to work of the disabled worker's labor contract.

    18th the employer shall accept the Organization of disabled persons Federation each year in proportion to the employment situation of persons with disabilities to check.

    Employer new hires with disabilities shall, within 3 months from the date the relevant materials to the County employment service agency records 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.

    20th Governments at all levels to integrate persons with disabilities into employment assistance system to priority support and focuses on helping the disabled.

    Government to develop public welfare jobs, should arrange a certain proportion for the disabled employment; Governments and grass-roots organizations to develop community services, shall give priority to the employment of disabled persons.

    Community Health Center, rehabilitation institutions and homes for the elderly related community service agencies in the recruitment of health personnel and medical massage, should give priority to the recruitment of qualified health personnel and medical massage for the blind.

    21st people's Government above the county level and their departments of human resources and social security, the employer arranged employment for persons with disabilities into the labour inspection content proportionally, urging employers to fulfil the obligation to arrange employment for persons with disabilities.

    22nd Federation of disabled persons legally responsible for the employer shall pay the benefits are approved, and organizing the collection.

    Departments, funding bodies, and institutions to pay benefits, withholding the fiscal sector; other employer paid benefit, by the local tax authorities levied. Article 23rd according to law is imposed by benefits paid into the State Treasury at the same level, into the Fund's budget, the two lines of income and expenditure management.

    Benefits of use in accordance with the relevant provisions of the budget presentation of the annual budget, and earmarked for the following expenditures:

    (A) vocational training and employment services for people with disabilities;

    (B) collective supporting persons with disabilities independent careers and employment, self-employment, self-employment, as well as agricultural labour;

    (C) participation in social security disability payment of social insurance benefits in accordance with law;

    (D) on the employment of people with disabilities have made remarkable achievements in the work unit and reward individuals;

    (E) other work approved by the people's Governments at the same level for employment of persons with disabilities.

    Financial departments at all levels and auditing organ shall strengthen the supervision and inspection of security management and so on.

    24th and relevant government departments should be in production, management, finance, technology, materials, site of the Central employer support of persons with disabilities, centralized employer of persons with disabilities to enjoy State tax breaks.

    25th people's Governments above the county level authorities, disabled persons Federation shall determine the appropriate production, products, projects, and submitted to the approval of the people's Governments at the same level, giving priority to focus using the disabled employers for production or business and focus on production characteristics of employers of persons with disabilities to identify certain products from their production.

    Government procurement, under the same conditions, priority focus on employer's product or service for people with disabilities.

    26th article on disabled engaged in individual business and independent venture of, County above Government and about sector should according to national provides implementation tax offers policy, from received management class, and registration class and card as class of the administrative career sex charges, and in started funds grants, and small loan discount, and business site care, and social security subsidies and the water, and electric, and gas charges offers, aspects give support; on disabled founded micro enterprise of, priority give support.

    27th departments such as human resources and social security, and health, in collaboration with the Federation of the disabled, regular medical treatment and health care for the blind massage workers, massage professional skill appraisal and medical massage professional evaluation and standardized management of blind massage industry, protect the lawful rights and interests of blind massage workers.
Medical massage mechanism approved by the relevant Administrative Department for the blind, can be used as a social health insurance services.

    28th article levels Government should many raised funds, organization and support rural disabled engaged in planting, and aquaculture, and handicraft and other form of production labor, and in production service, and technical guidance, and agricultural material supply, and agricultural and sideline products acquisition and credit, aspects give support; organization and help rural disabled labor transfer employment; encourages and support social organization and the personal created rural disabled poverty employment base, absorb and led rural disabled employment.

    The fourth chapter employment services

    Article 29th and the departments concerned under the people's Governments above the county level characteristics of persons with disabilities, and persons with disabilities in vocational training in the vocational education and training programme as a whole, take measures to encourage and support training and educational institutions free of charge for persons with disabilities to provide skills training and vocational education, and organizing regular skill competitions.

    Public employment services should be set up by the people's Governments at all levels free of charge for persons with disabilities to vocational guidance and placement services, free of charge for disabled persons in employment provision of targeted employment assistance services.

    30th the people's Governments above the county level shall strengthen employment services, vocational training institutions, foster agencies, such as the construction of service facilities for the disabled, improve their working conditions.

    31st employment services free of charge for persons with disabilities employment provides the following services:

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

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

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

    (D) provide graduates with the necessary help for the disabled;

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

    Article 32nd disabled employment service agencies must assist and guide employees and employers of persons with disabilities in accordance with conclusion and performance of contracts, and in consultation with the employer to establish mechanisms, safeguard workers ' legitimate rights and interests of persons with disabilities.

    Article 33rd labour disputes arise between workers and employers of persons with disabilities, legal aid institution shall provide legal assistance involving violations of workers ' rights and interests of persons with disabilities, disabled persons ' federations shall promptly provide advocacy services.

    The fifth chapter legal liability

    34th article violates these rules, and relevant competent administrative departments and their personnel who abuse their powers, neglect their duties, engages, does not constitute a crime, to managers directly responsible and other persons directly responsible shall be given administrative sanctions.

    35th article violates these rules, corruption and misappropriation, interception, illegal acts such as dividing up benefits, does not constitute a crime, in charge of the relevant unit, directly responsible for personnel and other persons shall be given administrative sanctions or penalties.

    36th article violates these rules, the employer has not been checked in accordance with the provisions accepted by arranging employment for persons with disabilities, disabled persons ' Federation ordered inspected above the county level; tax overdue for inspection, in accordance with the scheduled employment size is imposed by the protection of persons with disabilities.

    37th article violates these rules, the employer failing to pay benefits, collection Department ordered to pay overdue payments, except to pay outstanding amounts, shall from the date of default of payment, plus 5 of the daily late fee, late fee not exceeding benefits unpaid amounts.

    38th article violates these rules, the employer fraud, making arrangements for persons with disabilities in employment, such as obtaining focus employers enjoy preferential tax treatment of persons with disabilities, by the tax authorities according to law.

    39th article violates other provisions in these procedures, shall be penalized according to law, punishment according to law by the relevant authorities.

    The sixth chapter supplementary articles

    40th article of the rules take effect on March 1, 2013. Released on March 1, 1996, the Guizhou province, distributed proportionally arranged employment measures for persons with disabilities (1996, 18th of Guizhou province), repealed simultaneously.