Hubei Province, Employment Of Persons With Disabilities Regulations

Original Language Title: 湖北省残疾人就业规定

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Hubei Province, employment of persons with disabilities regulations

    (On November 23, 2009, Hubei provincial people's Government Executive meeting on December 2, 2009, Hubei provincial people's Government promulgated as of February 1, 2010, order No. 334) Chapter I General provisions

    First in order to promote the employment of persons with disabilities, protect the labour rights of persons with disabilities, in accordance with the People's Republic of China Law on the protection of disabled persons, the employment of persons with disabilities regulations, the Hubei provincial implementation of People's Republic of China approaches the protection of disabled persons act and the provisions of other relevant laws and regulations, combined with the facts of the province, these provisions are formulated.

    Article within the administrative area of the province of State organs, organizations, enterprises, institutions and private non-enterprise units (hereinafter referred to as the employer) shall, in accordance with relevant laws and regulations and these provisions to fulfil the obligation to support the employment of people with disabilities.

    Third local people's Governments at or above the county level shall include the employment of disabled persons work in the local national economic and social development planning, adhere to a combination of concentrated dispersed employment and employment policy and formulate preferential policies and specific support measures, through multiple channels, multiple levels, in various forms, promote the employment of persons with disabilities.

    Four local people's Governments at various levels to encourage social organizations and individuals to help and support the employment of people with disabilities, and encourage employing units in excess of the prescribed arrangements for persons with disabilities to find employment. Persons with disabilities shall enjoy equal employment, graduates and equal access to rights of remuneration.

    Prohibits discrimination against persons with disabilities in employment.

    Persons with disabilities should be actively participating in job training, improve their own qualities and skills level, enhanced employability and entrepreneurial abilities.

    Five local people's Governments at various levels shall strengthen the employment of persons with disabilities within their respective administrative regions of overall planning, comprehensive coordination and create conditions for the employment of people with disabilities.

    Local people's Governments at or above the county level for persons with disabilities Committee is responsible for organizing, coordinating, directing, and urge the relevant departments in employment of persons with disabilities.

    Local people's Governments at or above the county level of human resources and social security, civil affairs, industry and commerce, taxation and other relevant departments within the scope of their respective duties and employment of persons with disabilities.

    Local disabled persons ' Federation at or above the county level responsible for employment of persons with disabilities of specific implementation and supervision.

    Sixth local people's Governments at various levels have made remarkable achievements in the employment of persons with disabilities and individuals, recognition and rewards.

    Chapter II the employer's responsibilities

    Seventh article of the province within the administrative area of the employing unit shall not be lower than the total number of employees 1.5% of the arranged employment for persons with disabilities, and provide appropriate jobs, jobs for workers with disabilities.

    Inter-administrative use of the employer of persons with disabilities, employees with disabilities shall be included in the arrangement. The eighth an employer failing to arrange employment for persons with disabilities or arrange for the employment of people with disabilities are not up to the required ratio, shall be paid on an annual basis for persons with disabilities to employment benefits.

    Persons with disabilities employment security fund is calculated as: annual contributions for persons with disabilities Employment Security Fund = (total number of employees for the last year x1.5%-annual units have been set up on the number of employees with disabilities) x the regional annual average wage of staff and Bodies and financial aid groups, disabled persons in paid employment in public institutions benefit from the units in the Department's budget transfers to solve.

    Enterprise, enterprise management of private non-enterprise units, public institutions and other economic organizations in the employment of persons with disabilities benefit from the management fees paid by expenditures.

    Nineth disabled run by the local people's Governments at all levels and social power according to law and welfare enterprises, blind massage Agency, occupational therapy and other welfare unit (hereinafter referred to as use employer of persons with disabilities), should focus on arranging employment for persons with disabilities.

    Pooling of the qualification of the employer of persons with disabilities, in accordance with national and provincial regulations.

    Tenth employer (hired) by persons with disabilities, they shall enter into labor contracts or service agreements, for their insurance. Employer hires (appointed) labour relations and termination or release of persons with disabilities and persons with disabilities shall be in accordance with the provisions of local public employment services for persons with disabilities the registration formalities.

    Employer hires (external) staff shall (external) from the date of registration in the 30th; the employer terminate or rescind the labour relations of persons with disabilities, should be from the end or termination of labor relations within 15th of the filing formalities.

    11th the employing unit shall not, in promotion, promotion, evaluation of professional titles, remuneration, social security, welfare benefits and other aspects of discrimination against employees with disabilities.

    Employers of workers with disabilities should be according to the characteristics of workers with disabilities with appropriate working conditions and labour protection, and according to the actual need for workplace reform, labor, equipment and facilities.

    12th the employer should be based on the actual situation of workers with disabilities, employees with disabilities free job, job, transfer, training.

    13th the employer based on the work in the time allotted number of employees number of persons with disabilities, job placement, fill in the information form of arranging employment for persons with disabilities, in the local disability employment services review, as approved by the local disability employment services the employer shall be paid disability benefits amount basis.

    Chapter III safeguard measures

    14th, local people's Governments at or above the county level shall strengthen the employment assistance system for people with disabilities, loan interest subsidies, social insurance benefits, job subsidies, inter alia, through the ways of public welfare position arrangement, imposed on employment for persons with disabilities focuses on helping. 15th arrange employment for persons with disabilities achieved, exceeding the prescribed percentage or concentration used the disabled employers and self-employed persons with disabilities shall have the right to preferential tax policies, is in production, management, technology, capital, materials, site use, such as the right to receive support.

    Self-employed persons with disabilities are exempt from administrative costs.

    16th local people's Governments at or above the county level and their departments concerned shall determine appropriate production and operation of products, projects, 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.

    Under the same conditions, government procurement should be given priority when buying used employer of persons with disabilities in the production of products or services.

    17th should be centralized employer of persons with disabilities each year from exemptions and refund schedule a certain percentage of taxes used to subsidize disabled employees should pay social security fees and basic living expenses.

    18th to encourage and support disabled graduates, start their own businesses.

    Persons with disabilities are engaged in restraint of trade by the State of self employment, partnerships, or joint tissue, may apply in accordance with the regulations for small secured loan, and by the financial sector in accordance with the national and provincial regulations during the term of the loan interest subsidies.

    19th unemployed persons with disabilities founded during the period of receiving unemployment insurance compensation of individuals, the private sector, according to the prescribed period should receive the full amount at once and enjoy unemployment insurance in its industrial and commercial business license after can be once per person per a specified amount from the special employment funds start-up subsidies.

    Subsistence allowances for urban residents after the success of disabled persons, whose monthly household per capita income is still not up to the required standard, according to treatment provided for the preservation of subsistence allowances for urban residents.

    20th at various levels of local people's Governments and grass-roots organizations in rural areas should be multifaceted fund-raising, organization and support of rural disabled persons engaged in farming, animal husbandry, handicrafts and other forms of productive labour.

    The disabled persons of the departments concerned to engage in various kinds of agricultural production, production services, technical guidance, agricultural supplies, agricultural and sideline products such as acquisitions and credit given.

    21st organs and financial assistance groups, public institutions, the employer shall pay employment security fund for the disabled, the permission pursuant to the provisions for persons with disabilities the employment services at all levels are responsible for collection; where there are conditions, can be withheld by the financial sector. Except as provided in the preceding paragraph, other employers shall pay employment security fund for the disabled, by the local tax authorities at all levels in accordance with the classification principles of collection is responsible for collecting.

    Central Hubei provincial employers and disability is imposed by the employment security fund by the local taxation Bureau directly under.

    22nd lawfully imposed on persons with disabilities employment security fund shall incorporate the budget to carry out the following work:

    (A) enabling collective employees, self-employed persons with disabilities;

    (B) subsidies for vocational training of persons with disabilities and difficulties in social security costs;

    (C) grant provides free employment service agency for persons with disabilities;

    (D) supported the holding of seriously disabled persons in care of asylum factory (an) institution;

    (E) the rewards disproportionate to arrange employment for persons with disabilities or to arrange employment for persons with disabilities make remarkable achievements of units;

    (F) directly to employment services and employment assistance for persons with disabilities for additional expenses.

    23rd County-level and municipal districts to charge persons with disabilities Employment Security Fund annual total of 5% turned to the provincial Treasury, the establishment of provincial employment adjustment funds, employment training for persons with disabilities in the province and support employment of persons with disabilities in poverty area jobs and employment of persons with disabilities with special difficulties.

    The 24th is imposed by the employment security fund for the disabled, use and management of specific measures by the financial Department of the province, together with other relevant departments according to the national regulations.

    Finance and auditing organ shall strengthen the supervision and inspection of the employment security fund for persons with disabilities the use of.

    The fourth chapter employment services

    25th local people's Governments at various levels of the public employment services should be established in accordance with targeted employment assistance services free of charge to persons with disabilities, encourage and support training and professional skill appraisal agencies provided free services for persons with disabilities, persons with disabilities and organizations carried out regular skill competitions.

    The 26th local disabled persons ' federations at all levels in accordance with the law, regulations or entrusted by the Government to set up employment service, responsible for disabled employment service work within their respective administrative areas, the required staffing establishment according to the work of the Committee need to be approved by peer institutions, funding in the budget at the same level, guarantees it provides free employment services to persons with disabilities.

    27th disabled employment service agencies at all levels should strengthen employment information network and related infrastructure construction, improve the employment information service system, improving information dissemination system, improve the service quality and the level of employment of persons with disabilities.

    28th levels of disability employment services the following services should be provided free of charge for persons with disabilities:

    (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.

    Local people's Governments at all levels to encourage other employment services provides free employment services for persons with disabilities.

    29th self-employed or flexible employment of persons with disabilities, by me in accordance with the provisions in the local employment service registration procedures for employment of persons with disabilities. 30th, within legal working age, is able to work and job requirements, towns in the unemployed State resident disabled, can be registered with the local employment services for unemployed persons with disabilities.

    No employment experience of urban household registration disabled, unemployment registration in the domicile; other non-local registered permanent residence have stability in the permanent employment of disabled persons 6 months of age, registration can be made permanent.

    31st article commissioned by the level of human resources and Social Security Department, employment services for persons with disabilities persons with disabilities employment and unemployment registration, employment and unemployment statistics of persons with disabilities; level approved by the human resources and social security, disability employment services can carry out vocational skill identification.

    32nd to encourage social forces to carry out employment service activities, donations, subsidies provided employment services for persons with disabilities.

    The 33rd when labour disputes arise between disabled employees and employers, the local legal aid institution shall provide legal assistance to employees with disabilities, disabled persons ' Federation at all levels should help.

    Chapter fifth penalty

    34th article violates these provisions, stipulated by laws and administrative rules and penalties from its provisions.

    Employer is in violation of the provisions of article 35th, refuses to provide arrangements in accordance with the provisions of the employment situation of persons with disabilities, the local disability employment services agency ordered corrective action; it refuses, identified as failing to arrange employment for persons with disabilities.

    36th employer failing to pay employment security fund for disabled persons, given a warning by the financial sector, ordered to the prescribed date; late is still not paid, except to pay outstanding amounts, shall from the date of default of payment, plus 5 of the daily late fee, late fee shall not exceed the total outstanding amount.

    37th employer refusing to comply with the payment obligations, the charge is imposed by the authorities may apply to a court for mandatory enforcement according to law.

    38th in violation of this provision, the employer fails to trade union registration procedures for employment of persons with disabilities, human resources and social security departments at and above the county level shall be ordered to correct, and to a fine of less than 1000 Yuan.

    39th article violates this provision charge employment services to persons with disabilities persons with disabilities, the disabled persons ' Federation, above the county level shall order correction within, return illegal fees charged by persons with disabilities, and are directly responsible for the managers and other persons directly responsible shall be given administrative sanctions.

    The sixth chapter supplementary articles

    Employment of persons with disabilities in 40th article of the rules, refers to the holding of the People's Republic of China disability certificate of the legal age for employment, employability and employment requirements of persons with disabilities in paid work. 41st these provisions come into force on February 1, 2010. Hubei Province, issued by Hubei provincial people's Government on May 28, 1998 the decentralized according to arranged employment measures for persons with disabilities be abrogated.

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