Hebei Province, Hebei Provincial People's Government On The Amendment Of The Decision Of The Implementation Of Measures For The Employment Of Disabled Persons Ordinance

Original Language Title: 河北省人民政府关于修改《河北省实施〈残疾人就业条例〉办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384495.shtml

Hebei province, Hebei provincial people's Government on the amendment of the decision of the implementation of measures for the employment of disabled persons Ordinance

    (115th Executive meeting of December 28, 2012 in Hebei province on December 28, 2012 provincial (2012) the 17th release come into force on the date of promulgation) Hebei provincial people's Government for decision to the implementation of measures for the employment of persons with disabilities regulations, Hebei province, as follows: One, the fourth is revised as follows: "people's Governments above the county level and their departments should encourage social organizations and individuals through a variety of channels, and multiple forms of help and support employment of persons with disabilities, encourage employing units in excess of the prescribed arrangements for persons with disabilities to find employment, to encourage and support the disabled graduates, self-employment or various forms of flexible employment. Prohibits discrimination against persons with disabilities in employment.

    ” Sixth, added a paragraph as paragraph: "trade unions, the Communist Youth League, women's Federation shall, within their respective areas of work and employment of persons with disabilities.

    ”

    In the third, the eighth "should be commended and rewarded" modify "should be commended and rewarded according to relevant regulation."

    In section four, delete the 14th "or service agreements." Five, 23rd article is revised as follows: "when conducting government procurement, under the same conditions, shall give priority to purchase centralized employer of persons with disabilities in the production of products or services.

    ”

    In article VI of the 25th "sales tax, corporate income tax and personal income tax and other tax incentives" is amended as "sales tax, land-use tax, corporate income tax and personal income tax."

    Seven, 26th, the second and the third paragraph as follows: "direct funding relationships with the financial sector the employer shall pay the employment security fund for the disabled, by withholding the financial sector; the employer shall pay the employment security fund for the disabled, collected by the local tax authorities. Local tax authorities collect disability employment security fund of funds, included in the budget arrangement.

    ” Eight, and 29th article modified for: "County above Government and about sector should active development disabled employment service career, will disabled employment service into public employment service system, for disabled employment service institutions equipped with necessary personnel, to employment difficult of disabled provides has targeted of employment assistance service, encourages and support career training institutions and career skills identification institutions for disabled provides career training and career skills identification, and by provides give career training and career skills identification subsidies.

    ” Nine, 30th is amended as: "public employment and human resources service agencies should set the disabled employment service window, recommend to the employer of persons with disabilities in employment, personnel files management fee and waive the disability.

    ” Ten and 33rd is amended as: "commissioned by the Department of human resources and social security, disability employment services to unemployed persons with disabilities can register, employment and unemployment statistics of persons with disabilities. Qualifying disability employment services can contribute to human resource and Social Security Department applying for the establishment of vocational skill Identification Office.

    ” Plenary, 35th is amended as: "in violation of this regulation, relevant Administrative Department of the staff in the employment of persons with disabilities in abuse of power, negligence, malpractice, does not constitute a crime, he shall be given sanctions; suspected of constituting a crime, by judicial organs according to law.

    ” 12, 36th is amended as: "in violation of this regulation, embezzlement, misappropriation, interception, dividing up the disabled employment security fund, does not constitute a crime, the relevant units, are directly responsible for the charge and other direct liable persons shall be given administrative sanctions or penalties; suspected of constituting a crime, by judicial organs according to law.

    ” 13, 39th is revised as follows: "employers resorting to deception, false arrangements for persons with disabilities in employment, obtaining preferential tax treatment, by the tax authorities according to law.

    ”

    This decision shall come into force as of the date of.

     

    The Hebei province, implementation of measures under this decision for the employment of persons with disabilities regulations consequential amendments promulgated anew.

    Attachment: Hebei province to implement the measures for the employment of persons with disabilities regulations (amended 2012) (August 17, 2009 provincial (2009) released 6th December 28, 2012, the Hebei provincial people's Government on changes of employment of persons with disabilities in Hebei province decided to approach the revision of the Bill)

    Chapter I General provisions

    First for the follow-up of the People's Republic of China Law on the protection of disabled persons, guarantee the implementation of the regulations on employment of persons with disabilities to promote employment of persons with disabilities, and maintain the right to work of persons with disabilities, combined with the facts of the province, these measures are formulated.

    Employment of people with disabilities in these measures in article, 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 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 people's Government above the county level and their departments should encourage social organizations and individuals through a variety of channels, and multiple forms of help and support employment of persons with disabilities, encourage employing units in excess of the prescribed arrangements for persons with disabilities to find employment, to encourage and support the disabled graduates, self-employment or various forms of flexible employment.

    Prohibits discrimination against persons with disabilities in employment.

    Fifth people's Governments above the county level shall strengthen leadership of the employment of persons with disabilities, employment of people with disabilities into the national economy and social development plan and develop preferential policies and specific support measures of protection, create the conditions for employment of persons with disabilities.

    Article sixth disabled Working Committee responsible for the people's Governments above the county level to organize, coordinate, guide and supervise the relevant departments in employment of persons with disabilities.

    Human resources and social security, the people's Governments above the county level, civil administration, taxation, administration and other relevant administrative departments for industry and commerce in accordance with the provisions of the duty, employment of persons with disabilities.

    Trade unions, the Communist Youth League, women's Federation shall, within their respective areas of work and employment of persons with disabilities.

    Article disabled persons ' Federation at all levels in accordance with relevant laws, regulations or Government delegate, is responsible for the specific organization and implementation of the employment of persons with disabilities and supervisory work.

    Eighth employment of the disabled people's Government at or above the county level shall have made remarkable achievements in the work unit or individual, should be commended and rewarded according to relevant regulation.

    Chapter II the employer's responsibilities

    Nineth 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. Percentage of employers according to the provisions of the preceding paragraph placement of persons with disabilities is less than one, shall arrange a person arranging a blind or severely disabled, calculated according to the two persons with disabilities.

    Employers across the region employing persons with disabilities, disabled workers shall be included in the arrangements. Article tenth of workers enjoy equal employment rights. Employers in recruitment, unless otherwise provided by the State or special industries (positions), shall not refuse to hire disabled workers on grounds of disability.

    After the employment of handicapped workers, should try to keep their jobs and stability.

    11th the employer failing to arrange employment for persons with disabilities or arrange for the employment of people with disabilities are not up to Nineth proportion specified in the first paragraph of these measures shall be according to the difference between the numbers and Statistics Department published product of the local employees in the previous year's average wage, calculate and pay the disabled employment security fund.

    12th government law and society set up by persons with disabilities in welfare enterprises, blind massage, disabled foster institutions and other benefit units (hereinafter referred to as use employer of persons with disabilities), should focus on arranging employment for persons with disabilities.

    Eligibility for disability benefits companies confirmed by the civil affairs departments above the county level people's Governments; others focus on qualifications of employment of persons with disabilities by the County (city, district) or more disabled persons ' Federation confirmed.

    13th 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 of not less than ten people.

    14th the employer shall enter into labor contracts with disabled employees and provision for disabled employees to pay social insurance fees. 15th the employer shall provide the disabled workers pay labor remuneration in full and on time.

    Disabled workers ' compensation shall not be lower than the local minimum wage.

    16th the employer shall provide the disabled workers suited to their body types, job conditions and labour protection, should not be increased workers ' burden on persons with disabilities should not be arbitrarily extended disabled employees ' work time, not using violence, intimidation or illegal restriction of personal freedom by means of forced labour of persons with disabilities.

    17th the employing unit shall not be promotion, promotion, evaluation of professional titles, remuneration, social security, welfare, discrimination against persons with disabilities and workers.

    18th the employing unit should be based on the actual conditions of disabled workers, persons with disabilities free induction, on-the-job training, transfer of employees.

    19th the employer shall take measures to gradually build and improve specifications of barrier-free facilities, promoting exchange of information accessible, improve the employment of disabled workers.

    20th the employer shall make reports to the local disabled persons ' Federation, the unit's staff and the number of employees, this year's arrangements for persons with disabilities to employment of persons with disabilities and next year plans to offer employment for persons with disabilities.

    Chapter III safeguard measures

    21st people's Government above the county level and their departments and units concerned shall take measures to development for employment of persons with disabilities on the job to ensure employment for persons with disabilities.
The people's Government above the county level investments or support the development of urban environmental sanitation, landscaping, public car parks, kiosks, public telephone booths, community service and pay public welfare jobs such as public toilets, shall give priority to the employment of disabled persons.

    22nd do not affect urban planning implementation and the premise of city appearance and environmental sanitation administration, city divided into districts and the County (city, district) people's Governments and their competent authorities should draw in urban areas, appropriate undertakings or stalls for disabled persons engaged in individual and private business activities.

    23rd people's Government above the county level and their departments concerned shall combine local conditions determine appropriate production and management of products and projects, giving priority to focus on employers of persons with disabilities in the production, operation and focus on production characteristics of employers of persons with disabilities to identify certain products from their production.

    When conducting government procurement, under the same conditions, should give priority to purchase focus disabled employer's products or services.

    24th people's Government above the county level and their departments should organize and support rural disabled persons engaged in farming, animal husbandry, handicrafts and other forms of productive labor, and in the production of services, technical guidance, agricultural supplies, agricultural products buying and credit support.

    25th the employer and self-employed persons with disabilities in line with conditions set by the State, the tax authority shall give a value-added tax, business tax, land-use tax, corporate income tax and personal income tax and other tax incentives, and go through the relevant formalities.

    26th the employer shall pay the amount of employment security fund for disabled persons, disabled employment service set by the disabled persons ' Federation in accordance with the State and approved by the relevant provisions of this province.

    Direct funding relationships with the financial sector the employer shall pay the employment security fund for the disabled, by withholding the financial sector; the employer shall pay the employment security fund for the disabled, collected by the local tax authorities.

    Local tax authorities collect disability employment security fund of funds, included in the budget arrangement.

    27th lawfully imposed on persons with disabilities employment security fund shall be incorporated into the budget and earmarked for the following expenditures:

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

    (B) supporting urban and rural disabled persons engaged in self-employed, according to law graduates, self-employment activity;

    (C) the development and construction of production facilities devoted to arranging employment for persons with disabilities and the public welfare jobs;

    (D) persons with disabilities participate in social insurance schemes according to law and social insurance subsidy;

    (E) award disproportionately disabled employment the employer and for the employment of disabled persons organizations and individuals have achieved outstanding successes;

    (F) approved by the Finance Department, and other expenses directly for employment of persons with disabilities.

    Article 28th employment security fund use shall be in accordance with the regulations, any organizations or individuals not corruption, interception, misappropriation or privately.

    Is imposed by the employment security fund for the disabled, usage should be announced to the public on a regular basis.

    Persons with disabilities employment security fund specific measures for the collection, use, and management of, by the financial Department of the province, together with the relevant departments.

    Finance and auditing Department shall monitor the use of the employment security fund for persons with disabilities inspection and audit.

    The fourth chapter employment services

    29th article County above Government and about sector should active development disabled employment service career, will disabled employment service into public employment service system, for disabled employment service institutions equipped with necessary personnel, to employment difficult of disabled provides has targeted of employment assistance service, encourages and support career training institutions and career skills identification institutions for disabled provides career training and career skills identification, and by provides give career training and career skills identification subsidies.

    Article 30th public employment and human resources service agencies should set the disabled employment service window, recommend to the employer of persons with disabilities in employment, personnel files management fee and waive the disability.

    31st employment services should be 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) arranging employment for persons with disabilities to provide the necessary support for employers. 32nd over to the way Nineth article disabled employment the employer should pay appropriate social insurance subsidies, for which employees pay social insurance premiums for persons with disabilities. Funding social security subsidies from the budget for the current financial arrangements for persons with disabilities or persons with disabilities in the employment security fund expenditures.

    Specific subsidies and administrative measures, enacted by the district municipality. Article 33rd commissioned by the Department of human resources and social security, disability employment services to unemployed persons with disabilities can register, employment and unemployment statistics of persons with disabilities.

    Qualifying disability employment services can contribute to human resource and Social Security Department applying for the establishment of vocational skill Identification Office.

    Article 34th labour disputes arise between workers and employers, local legal aid institution shall provide legal assistance to disabled persons ' Federation at all levels should be provided according to the needs of disabled workers free Braille, sign language, special assistance and other services.

    The fifth chapter legal liability

    35th in violation of these rules and relevant Administrative Department of the staff in the employment of persons with disabilities in abuse of power, negligence, malpractice, does not constitute a crime, he shall be given sanctions; suspected of constituting a crime, by judicial organs according to law.

    36th article violates these rules, embezzlement, misappropriation, interception, dividing up the disabled employment security fund, does not constitute a crime, the relevant units, are directly responsible for the charge and other direct liable persons shall be given administrative sanctions or penalties; suspected of constituting a crime, by judicial organs according to law.

    37th article violates these rules, 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. Employer ordered to pay is dissatisfied with a decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    If neither apply for administrative reconsideration or bring an administrative suit, or carry out of pay decisions, by the disabled persons ' Federation, apply to a court for mandatory enforcement according to law.

    38th in violation of the provisions of article 20th, by criticism from the Commission for the disabled, a rectification.

    39th employer fraud, false arrangements for persons with disabilities in employment, obtaining preferential tax treatment, by the tax authorities according to law.

    The sixth chapter supplementary articles 40th article of the rules take effect on October 1, 2009. May 27, 1997 issued by the provincial Government of Hebei province, distributed proportionally to arrange employment for persons with disabilities regulation repealed simultaneously.