Luoyang Proportionate Arrangements For Persons With Disabilities Employment Schemes

Original Language Title: 洛阳市按比例安排残疾人就业办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264186.shtml

Luoyang proportionate arrangements for persons with disabilities employment schemes (June 3, 2010, Luoyang City people's Government, the 16th Executive meeting on June 9, 2010, 109th Luoyang City people's Government promulgated as of August 1, 2010) 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 Labour Code, the employment of persons with disabilities regulations, the implementation measures for the law on the protection of disabled persons in Henan province, the Henan province according to the proportion of disabled employment

    And other provisions of the relevant laws, rules and regulations, combined with the city's actual, these measures are formulated. Article in proportion to arrange employment for persons with disabilities, applying the principle of integration.

    Placement of objects in these measures refers to the holding of the People's Republic of China disabled persons license, legal employment age, my employment needs and has the ability to work of unemployed people with disabilities. Article city and County (city, district) disabled persons ' Federation, responsible for arranging employment of persons with disabilities to specific implementation and supervision.

    Development and reform, human resources and social security, finance, civil affairs, statistics, education, health, tax, business, and finance sectors in accordance with their respective responsibilities, to do a proportionate arrangements for employment of persons with disabilities.

    Cities and counties (cities, districts) of disability employment services, commitments in proportion to employment of persons with disabilities and the specific work.

    Disabled employment service agencies are an important part of public employment services, with funds into financial and budget management. Article fourth within the administrative area of the city authorities, social organizations, institutions, businesses, private non-enterprise units (hereinafter referred to as the employer) shall not be less than the total number of employees of their unit 1.6% of the arranged employment for persons with disabilities.

    Arrangements for persons with disabilities in employment is less than 1, 1 people.

    Arrange 1 employment of the blind, calculated in accordance with Schedule 2 persons with disabilities.

    Employers meet the evaluation standards of persons with disabilities in China already serving disabled revolutionary soldiers, disabled due to illness for the public employees and self does not have an independent legal personality of the Organization in the placement of persons with disabilities, shall be included in the number of employers have arranged employment for persons with disabilities.

    Employer and the employee with a disability to sign labor contracts for less than 1 year (annual placement of disabled employees in less than 12 months), and not in accordance with State provisions for employees with a disability pension, unemployment, medical and other social insurance, regardless of the number of employers have arranged employment for persons with disabilities.

    Article fifth employers employing disabled persons in employment, shall enter into labor contracts with persons with disabilities, and physiological condition and characteristics of persons with disabilities, for which appropriate jobs and positions, determines the quota; classification of workers with disabilities, job appraisal, remuneration, welfare, social security, and so on, should work with other employees equally and without discrimination. Sixth the employing unit shall not be arbitrarily dismissed, dismissal of workers with disabilities. Employer terminates the labor contract with disabilities, shall be executed in accordance with the relevant laws and regulations, and reported to the employment service agency records of persons with disabilities. There are production enterprises shall arrange disabled workers were laid off.

    In the labour portfolio should be proper arrangements in the work and life of workers with disabilities.

    Seventh administrative departments such as human resources and social security, education and enterprises, public institutions and social organizations of various types of vocational and technical training institutions, should provide various vocational skills training to persons with disabilities, and shall be given free of charge or discount.

    Disability employment services shall, in accordance with national employment policy, based on forecasted occupations demand and job quality requirements for employment, development of training programmes, organizations of persons with disabilities to vocational training.

    Eighth employer arrangement does not meet the required ratio of persons with disabilities, shall be paid yearly employment services to persons with disabilities persons with disabilities employment security fund.

    Employment Security Fund is the arranging of persons with disabilities persons with disabilities are not up to the required proportion of employers, in accordance with the annual difference between the number and the local average wage of workers shall be calculated for the last year paying special fund for employment of persons with disabilities.

    Pay formulas for the employment security fund for persons with disabilities: people with disabilities Employment Security Fund = (total number of employees x1.6%-employer of the employer made arrangements for disabled employees) x annual average wages of workers in the local on the statistics released by the Department amount.

    Enterprises, privately-run non-enterprise units to pay employment security fund out of the management fees were charged to persons with disabilities; organs, social organizations and institutions pay employment security fund for the disabled, from budgetary expenditures or revenues.

    Nineth an employing unit shall, within the period specified in the annual, proportionate arrangements for persons with disabilities to employment, fill out annual audit manual, the legal representative or principal responsible, fill in person after being signed and stamped with the company seal, carry the relevant material, disability employment services review.

    Disability employment services auditing employers employing disabled persons, determine the amount of disability employment security fund shall be paid, to the employment of persons with disabilities shall be paid benefits the employer issued the notification of employment security fund contributions of persons with disabilities.

    Persons with disabilities employment security fund shall be paid by the employer in accordance with the demand of bank accounts, payment amounts and duration, paid employment for persons with disabilities protection; fails to pay or not to pay, in addition to outside the deadline to pay, delay date of NA plus 5 per thousand of the amount payable per day late fee.

    Article tenth municipal employers and above the residual pain people employment security fund, employment services to persons with disabilities to pay counties (cities) and its employer employment benefits to persons with disabilities is a member of the following counties (cities) disabled persons employment service to pay city employment service agencies to entrust persons with disabilities employment service bodies belonged to and following the employer's employment benefits.

    11th article city, and County (city, and district) financial supply of organ, and social groups, and institutions should paid of disabled employment guarantees gold, cannot according to provides paid and by collection sector urged paid invalid of, can by levels financial sector generation buckle; non-financial supply of institutions, and enterprise, and private non-enterprises should paid of disabled employment guarantees gold by place tax sector generation levy; other employing units should paid of disabled employment guarantees gold, by disabled employment service institutions charged.

    12th not implemented directly with the financial settlement of the County (City) of disability employment services should be collected for the year of 10% of the total disabled employment security fund, turned over to the municipal Treasury.

    Charging people with disabilities employment security fund, Finance Department consolidated supervision should be used (print) administrative fees fund private notes, and affix the seal of the local disability employment services.

    13th the employer due to reasons such as financial difficulties or losses, held over, relief they need employment security fund for disabled persons, shall have financial, tax authorities approved the annual accounts for the financial settlement or report, written application, upon approval by the local disabled persons ' Federation, audit, payment, remission.

    Article 14th employment benefits the use of persons with disabilities:

    (A) subsidies for vocational training of persons with disabilities;

    (B) the collective paid supporting persons with disabilities employed or self-employed;

    (C) advanced rewards disproportionate to arrange employment for persons with disabilities and for the employment of disabled persons units or individuals have made outstanding achievements;

    (D) approved by the financial sector, appropriate subsidies for persons with disabilities employment services expenses;

    (E) approved by the financial sector, other expenditure for employment of persons with disabilities.

    Article 15th employment security fund under budgetary management, used by allocated use under the supervision of the financial sector, any sector not flat or diverted to any other use. 

    Disabled employment service agencies must establish a standard of security management system for the employment of persons with disabilities, strengthen the management of income and expenditure, and accept the supervision and examination of financial and auditing departments at the same level.

    Article 16th in proportionate arrangement outstanding achievement in employment of persons with disabilities and individuals by the disabled persons ' Federation reported the same level people's Governments to recognize or reward.

    17th article violates these rules, not proportional placement of people with disabilities in jobs and refusing to pay employment insurance employer of persons with disabilities, and ordered to pay and give notice of criticism; still refuse to pay, the local disabled persons ' Federation, apply to a people's Court for compulsory execution.

    18th article violates these rules, disability employment services staff abuse their powers, neglect their duties, engage in their work, by its competent authorities, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 19th article this way come into force on August 1, 2010. Luoyang City, on October 15, 2007 the proportional arrangement abrogated the employment of persons with disabilities.