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

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Decision of the Government of the Northern Province to amend the application of the Employment Regulations for Persons with Disabilities in Northern Province of the River

(Adopted by Decree No. 115 of 28 December 2012 of the Government of the Northern Province of the Sudan for publication from the date of publication) No. 17 of the Order of the People's Government of the Northern Province of the River on 28 December 2012)

The Government of the Northern Province has decided to amend the Northern Province to implement the Employment Regulations for Persons with Disabilities as follows:

One is to amend article IV as follows: “The Government of the people at the district level and its relevant departments should encourage social organizations and individuals to work with persons with disabilities through a variety of channels, multiple forms of assistance, support for the employment of persons with disabilities, encourage and promote the self-employment of persons with disabilities, self-employment, ownership or multiple forms of flexible employment. Discrimination against persons with disabilities in employment is prohibited.”

Article 6 adds a paragraph to read as paragraph 3: “The trade union, the Communist Youth Corps and the Women's Federation shall be employed by persons with disabilities within their respective spheres of work”.

The words “should be recognized, rewarded” in article 8 should be revised as “shall be recognized and rewarded in accordance with the relevant provisions”.

Delete “or service agreements” in article 14.

Article 23, paragraph 2, was amended to read: “In the case of government procurement, priority should be given to the procurement of products or services produced by a user unit that concentrates on the use of persons with disabilities”.

Reimbursement of the “Financial tax, enterprise income tax and personal income” in article 25 is “Financial tax incentives such as operating taxes, land-use taxes, enterprise income tax and personal income tax”.

Article 26, paragraph 2, and paragraph 3 were amended to read: “Europes for employment of persons with disabilities who are directly allocated to the financial sector shall be paid by the financial sector, and other user units shall pay employment guarantees for persons with disabilities, to be recruited by local tax authorities.

The local tax administration funds the employment security of persons with disabilities in the form of a unified financial budget arrangement.”

Article 29 amends to read: “The Government and its relevant departments should actively develop employment services for persons with disabilities, integrate employment services for persons with disabilities into the public employment service system, provide targeted employment assistance services to persons with disabilities in difficult employment, encourage and promote vocational training institutions and vocational skills identification institutions to provide vocational training and vocational skills identification for persons with disabilities, and grant vocational training and vocational skills identification subsidies as required”.

Article 9 and Article 33 were amended to read: “The public employment and talent services institutions should set the window of employment services for persons with disabilities, recommend employment for persons with disabilities to the user unit and exempt from the personnel archives management fees for persons with disabilities”.

Article 33 was amended to read: “The employment services of persons with disabilities can be registered with the unemployment of persons with disabilities, the employment of persons with disabilities and unemployment statistics commissioned by the human resources and social security sector. eligible employment services can apply to the human resources and social security sector for the establishment of vocational skills identification institutions.”

Articles 11 and 35 were amended to read: “In violation of the provisions of this approach, staff of the relevant administrative authorities misuse their duties in the employment of persons with disabilities, play negligence, favouring private fraud, are not criminalized by law and are suspected to constitute a crime to be treated by the judiciary in accordance with the law.”

Article XII, article 36 amends as follows: “In violation of the provisions of this scheme, corruption, misappropriation, retention, private separation of persons with disabilities is not yet a crime, and the treatment or punishment of the responsible units, the competent persons directly responsible and other persons directly responsible is provided by the law; the alleged offence is to be committed by the judiciary.”

Articles 13 and 39 were amended to read: “The use of a person's unit to circumvent the employment of persons with disabilities, to deceive tax preferences and to be treated by tax authorities in accordance with the law”.

This decision is implemented since the date of publication.

The Northern Province's approach to the implementation of the Employment Regulations for Persons with Disabilities is released in accordance with this decision.

Annex: Implementation of the Employment Regulations for Persons with Disabilities in Northern Province (Amendment of the Year 2012) (No. 6 of the Order of the People's Government of Northern Province of Hanoi [2009] of 17 August 2009], pursuant to decision of the Government of the Northern Province of the River on 28 December 2012 to amend the application of the Employment Regulations for Persons with Disabilities in Northern Province)

Chapter I General

Article 1 guarantees the implementation of the People's Republic of China Act on the Protection of Persons with Disabilities, the promotion of employment of persons with disabilities, the maintenance of the labour rights of persons with disabilities, and the development of this approach in the light of the actual practice of this province.

Article 2 deals with employment of persons with disabilities as defined by this approach, which refers to persons with disabilities in possession of the People's Republic of China Persons with Disabilities, who are in accordance with the legal age of employment, employment requirements and employment capacity to undertake paid work.

Article 3 organs, groups, businesses, business units, non-commercial units (hereinafter referred to as personal units) within the province's administration should fulfil their responsibilities and obligations to promote employment of persons with disabilities, in accordance with the relevant laws, regulations and methods.

Article IV Governments and their relevant sectors should encourage social organizations and individuals to organize employment with disabilities through multiple channels, multiple forms of assistance, support for the employment of persons with disabilities, encourage the placement of persons with disabilities in excess of the proportion of the provisions, encourage and promote the self-employment of persons with disabilities, ownership or multiple forms of flexible employment. Discrimination against persons with disabilities in employment is prohibited.

Article 5 Governments of more people at the district level should strengthen leadership in the employment of persons with disabilities, integrate employment of persons with disabilities into national economic and social development planning, and establish preferential policies and specific enabling measures to create conditions for employment of persons with disabilities.

The Committee on the Work of Disabled Persons at the district level is responsible for organizing, coordinating, guiding and monitoring the employment of persons with disabilities in the relevant sectors.

The competent administrative authorities, such as the human resources and social security, civil affairs, tax, and business administration at the district level, are employed by persons with disabilities, in accordance with their responsibilities.

Trade unions, communitarian youth missions, women's associations should be able to work with persons with disabilities within their respective spheres of work.

Article 7

Article 8

Chapter II

Article 9. The user unit shall arrange employment of persons with disabilities at a rate not less than five per cent of the total number of active employees in the unit and provide them with adequate work and jobs.

A person with disabilities whose employment is arranged according to the preceding paragraph shall be arranged; a blind person or a person with a heavy disability shall be arranged for the calculation of two persons with disabilities. Persons with disabilities who use their units across regions should be taken into account in the number of persons with disabilities.

Article 10. The right of persons with disabilities to equal employment. In the case of employment, the user unit shall not reject the employment of persons with disabilities on the basis of disability, in addition to the provision of the State or the special industry (working). After the employment of workers with disabilities, they should be kept as stable as possible in their jobs.

Article 11 does not arrange employment of persons with disabilities or arrange for employment of persons with disabilities to be less than the proportion set out in article 9, paragraph 1, of this scheme, and shall be calculated and paid in accordance with the average annual salary of local active workers published by the difference and the statistical offices.

Article 12 Government and society-led enterprises for the benefit of persons with disabilities under the law, Braille, disability-care institutions and other welfare units (hereinafter referred to as the pooling of user units for persons with disabilities) should concentrate on the employment of persons with disabilities.

The eligibility of persons with disabilities benefits businesses is confirmed by the civil affairs sector of the Government of the more than communes, and the qualifications of other user units that concentrate on the use of persons with disabilities are confirmed by the Federation of Persons with Disabilities (communes, areas).

Article 13 focuses on the number of persons with disabilities engaged in full-time work in the user units of persons with disabilities.

Article 14.

Article 15. The user unit shall pay workers with disabilities in full and on time. Workers with disabilities shall not be paid less than the local minimum wage.

Article 16 shall provide workers with employment, employment and labour protection conditions that are appropriate to their physical status, and shall not be accompanied by an increase in the labour burden of persons with disabilities, without any intention to extend the working hours of persons with disabilities workers, and shall not be forced to work with persons with disabilities by violence, threats or unlawful restrictions on the liberty of the person.

Article 17

Article 18

Article 19 User units should take measures to build and improve the accessibility of normative facilities, promote accessibility of information on persons with disabilities and improve the employment environment for persons with disabilities.

Article 20 shall report to the Local Disability Federation on the number of active workers and persons with disabilities in this unit, the organization of employment for persons with disabilities in the current year and the next annual plan for the employment of persons with disabilities.

Chapter III Safeguards

Article 21 Governments and their relevant departments and units should take measures to develop jobs adapted to the employment of persons with disabilities and to guarantee employment for persons with disabilities.

The Government of the above-mentioned population in the district level invests or fosters the development of public-private jobs such as urban sanitation, greenification of gardens, public parking lots, posters, public telephone booths, community service points and fees, and should prioritize employment of persons with disabilities.

Article 22, without prejudice to urban planning and the management of urban sanitation, the municipalities and districts (markets, zones) in the districts and their relevant sectors should be allocated to the appropriate operating sites or to the assessment of the place of persons with disabilities in the urban areas.

Article 23 Governments and their relevant sectors should prioritize the production, operation and identification of certain products by the user units of persons with disabilities in the light of the actual local identification of products and projects suitable for the production, operation of persons with disabilities.

Where government procurement is carried out, priority should be given to the procurement of products or services that concentrate on the production of persons with disabilities.

Article 24 Governments and their relevant sectors should organize and support rural persons with disabilities in the cultivation, breeding, craft and other forms of production and support in the areas of production services, technical guidance, agro-industry supply, agricultural product acquisition and credit.

Article 25. Persons with disabilities who operate in their own hands are in accordance with national conditions, and tax incentives such as value-added tax, operating taxes, land-use taxes, enterprise and personal income taxes, should be granted by tax authorities and processed in a timely manner.

Article 26

The employment security of persons with a direct allocation to the financial sector shall be paid by the financial sector, with the employment security of persons with disabilities, and other units shall pay the employment security of persons with disabilities and shall be charged by local tax authorities.

Local tax administration funds for the employment security of persons with disabilities, which are integrated into financial budget harmonization arrangements.

Article 27 of the Law on Employment Guarantees for Persons with Disabilities shall be included in the financial budget and shall be devoted specifically to:

(i) Vocational training and employment services for persons with disabilities;

(ii) Enabling rural and urban persons with disabilities to engage in their individual business, autonomous and autonomous entrepreneurial activities in accordance with the law;

(iii) Development of production facilities and public goods for the organization of employment for persons with disabilities;

(iv) Subsidies for social insurance for persons with disabilities under the law;

(v) Provide incentives to over proportionally organize user units for the employment of persons with disabilities and units and individuals that make significant achievements in the organization of employment for persons with disabilities;

(vi) Other expenses directly for employment of persons with disabilities, as approved by the current financial sector.

Article 28 guarantees for employment of persons with disabilities should be used for specified purposes and no organization or person shall be subject to corruption, exclusion, misappropriation or private separation.

The collection and use of employment guarantees for persons with disabilities should be made available to society on a regular basis.

Specific approaches to employment security for persons with disabilities are collected, used and managed by the provincial financial sector.

The financial, auditing sector should monitor the use of employment guarantees for persons with disabilities in accordance with the law.

Chapter IV Employment services

Article 29 Governments and their relevant departments should actively develop employment services for persons with disabilities, integrate employment services for persons with disabilities into public employment services systems, provide targeted employment assistance services to persons with disabilities in employment difficulties, encourage and support vocational training institutions and vocational skills identification institutions to provide vocational training and vocational skills identification for persons with disabilities, and grant vocational training and vocational skills identification subsidies as required.

Article 33 Public employment and talent services should set up a window of employment services for persons with disabilities, recommend employment for persons with disabilities to the user unit and exempt from the personnel file management fees for persons with disabilities.

Article 33 Employment services for persons with disabilities shall provide, free of charge, the following services for employment of persons with disabilities:

(i) The publication of employment information on persons with disabilities;

(ii) Organizing vocational training for persons with disabilities;

(iii) Provide services such as vocational psychological counselling, vocational adaptation assessment, vocational rehabilitation training, job orientation and career presentations for persons with disabilities;

(iv) Provide the necessary assistance for the self-determination of persons with disabilities;

(v) Provide the necessary support for the organization of employment for persons with disabilities by human units.

Article 32 provides for a proportion of persons employed by persons with disabilities in excess of article 9, paragraph 1. Funds required for social insurance subsidies are paid from the cause of persons with disabilities arranged in the current financial budget or the employment security of persons with disabilities. Specific subsidy standards and management approaches are developed by the commune government.

Article 33 is commissioned by the human resources and social security sector, and employment services for persons with disabilities can be registered with unemployment, employment and unemployment statistics for persons with disabilities. eligible employment services can apply to the human resources and social security sector to establish vocational skills identification institutions.

Article 34 of the Convention on the Elimination of All Forms of Discrimination against Women and Persons of the Child, local legal aid institutions should provide legal assistance under the law, and the associations of persons with disabilities at all levels should provide free of charge, such as Braille, hand, and other services, in accordance with the needs of persons with disabilities.

Chapter V Legal responsibility

In violation of this approach, staff members of the relevant administrative authorities misuse their duties, play a role in the employment of persons with disabilities, do not constitute a crime, and are not subject to the law; they are suspected to constitute a crime and are treated by the judiciary in accordance with the law.

Article 36, in violation of this approach, provides that corruption, misappropriation, interception, private employment guarantees for persons with disabilities do not constitute a crime and that the responsible units, the competent persons directly responsible, and other persons directly responsible are treated by the judiciary in accordance with the law.

Article 37, in violation of this approach, provides that a person's unit does not pay the employment security of persons with disabilities as prescribed, is warned by the financial sector to pay the period of time; that the period of time has not been paid, and that a five-year lag should also be paid from the date of payment.

A person's unit may apply to administrative review or administrative proceedings in accordance with the law. The late application for administrative review is neither an administrative proceeding nor a decision of payment, which is enforced by the Disability Federation in accordance with the law.

Article 338, in violation of article 20 of this approach, is criticized by the Committee on the Work of Persons with Disabilities and the period of time being rectified.

Article 39 provides for a retreat by a person's unit to organize the number of persons with disabilities, to deceive tax preferences and to be treated by the tax authorities in accordance with the law.

Annex VI

Article 40 The Northern Province of the River was dispersed by the Government on 27 May 1997 and the Employment of Persons with Disabilities was repealed.