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Proportionate Arrangement, Nanjing Nanjing Municipal People's Government On The Revision Of The Regulations On The Employment Of Persons With Disabilities To Decide

Original Language Title: 南京市人民政府关于修改《南京市按比例安排残疾人就业规定》的决定

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(Adopted by Decree No. 258 of 22 November 2007 on the date of publication by the Government of the South Kyoto Republic)

The Municipal Government has decided to amend the provisions on employment of persons with disabilities in the South Kyoto City as follows:
First, article 1 was amended to promote the employment of persons with disabilities, in line with the People's Republic of China Disability Guarantee Act, the People's Republic of China Labour Code, the Employment of Persons with Disabilities Regulations and the Maang Province, in order to ensure the labour rights of persons with disabilities, and to develop this provision in the light of the actual practice of the city.
Article 2 should be amended to include the employment of persons with disabilities in accordance with this provision by organs, groups, businesses, business units and other economic organizations in all rural and urban areas (including field presence units, as described below).
Article 3, paragraph 1, should be amended to read as follows: the municipality, the district, and the people's governments should strengthen integrated planning and integrated coordination for the employment of persons with disabilities. The working committee on persons with disabilities at the same level is responsible for organizing, coordinating, guiding and promoting the employment of persons with disabilities.
Article IV was amended to read as follows: persons with permanent households in this city are eligible for employment under the statutory age of employment, living self-sustainability, a certain labour capacity and a voluntary requirement for employment.
The establishment of units for employment of persons with disabilities and the employment of persons with disabilities can benefit from the tax incentives for employment of persons with disabilities in accordance with national provisions.
V. Amendments to article 5 are as follows: The Committee on Disability Assessment in the City, the District Committee is responsible for the assessment of disability within the jurisdiction in accordance with the China Standard of Practical Assessment of Disabled Persons.
Persons with disabilities who receive a disability certificate and persons with disabilities in possession of the People's Republic of China Disability Code may be taken into account for the total number of persons with disabilities.
Article 6, paragraph 1, should be amended to: units should arrange employment of persons with disabilities in accordance with the proportion of practitioners who are not less than 1.5 per cent of the last year.
Article 9: Unification of employment guarantees for persons with disabilities by local tax authorities, with specific time for collection, the scope of collection and the manner in which they are paid are determined by the local tax authorities, the Disability Federation.
Article 9 should be replaced with Article 10 and amended to read as follows: units that have been installed for employment of persons with disabilities should be reviewed for the employment of persons with disabilities at the end of the year, by 30 April each year, by the end of the unit and the roster of persons with disabilities and by persons with disabilities.
After the total number of practitioners and the number of persons with disabilities in the district, district and district employment services, the number of persons with disabilities was not proportional to the placement of persons with disabilities, the issuance of the South Kyoto City's approved notification of employment of persons with disabilities, and the recommendation of employment of persons with disabilities in the next year's work plan.
Article 9, paragraph 3, was replaced with Article 11 and was amended to make payments to the unit's competent tax authorities for employment guarantees for persons with disabilities, after having received a notification of employment for persons with disabilities in the South Kyoto City.
The units that do not accommodate employment of persons with disabilities may not be subject to a review of the employment of persons with disabilities in the previous year and shall pay the employment security of persons with disabilities in accordance with the total number of practitioners in the Unit last year.
Article 10 was replaced with Article 12, and amendments were made to the employment security of persons with disabilities paid by businesses and other economic organizations in rural and urban areas.
The employment security of persons with disabilities paid by agencies, groups and utilities is addressed by the agents in the budget of this unit.
Article 11 was replaced with Article 13 and amended to read as follows:
Article 12 should be replaced with Article 14 and amended to include the Governmental Fund for the Employment of Persons with Disabilities in the financial budget management and to receive oversight in the audit sector.
The employment security of persons with disabilities is mainly used for the following expenditure:
(i) To subsidize vocational training for persons with disabilities;
(ii) To encourage units with a higher proportion of employment of persons with disabilities, as well as units that make significant achievements in the organization of employment for persons with disabilities;
(iii) For the promotion of the collective and independent operation of persons with disabilities;
(iv) Provide adequate funding for employment services for persons with disabilities, as approved by the same level of finance;
(v) Other expenditure directly for employment of persons with disabilities, approved by the same financial sector.
Article 13 was deleted.
XIV, replace article 15 with article 16 and amend it as follows: Labour and social security monitoring bodies should conduct labour inspections:
(i) Participation in the employment clearance of persons with disabilities as required;
(ii) Establish, implement and use of labour arrangements for persons with disabilities by units;
(iii) Protection of the legitimate rights and interests of persons with disabilities by units;
(iv) The granting of employment guarantees for persons with disabilities in units where employment for persons with disabilities does not meet the statutory proportion.
In violation of the above-mentioned circumstances, the Disability Federation and its disability-friendly employment services can recommend that labour and social security inspectorate be punished by law.
XV, replace article 16 with article 17 and amend it as follows: At all levels, the Disabled People's Federation is responsible for the supervision of the unit's employment of persons with disabilities and the payment of employment guarantees for persons with disabilities.
This decision is implemented from the date of publication.
The South Kyoto City has been released by a proportional arrangement for employment of persons with disabilities in accordance with this decision and adjusted the terms.

Annex: Employment of Persons with Disabilities by proportion of the city of Nanjing (Amendment, 2007)
(Act No. 200 of the Decree No. 200 of 4 July 2001 of the Government of the South Kyoto Republic of 22 November 2007 on the revision of the Decision of the Government of the South Kyoto Republic on the amendment to the provisions on employment of persons with disabilities in the South Kyoto City)
Article 1 promotes employment of persons with disabilities, in accordance with the People's Republic of China Disability Guarantee Act, the People's Republic of China Labour Code, the Employment of Persons with Disabilities Regulations and the Mauritang Province, in order to ensure the labour rights of persons with disabilities, and to develop this provision in the light of the actual practice of this city.
Article II provides for the employment of persons with disabilities in accordance with this provision by organs, groups, businesses, business units and other various economic organizations in rural and urban areas (including field presences, as described below).
Article 3 Governments of municipalities, districts and counties should strengthen integrated planning and coordination for the employment of persons with disabilities. The working committee on persons with disabilities at the same level is responsible for organizing, coordinating, guiding and promoting the employment of persons with disabilities.
The municipal, district and district associations of persons with disabilities and their affiliated employment services are responsible for the proportional organization of the day-to-day work on employment of persons with disabilities.
The sectors such as civil affairs, labour guarantees, finance, personnel, tax, business administration, health and statistics are divided according to their respective responsibilities, and are structured on a proportional basis for employment of persons with disabilities.
Article IV is the subject of a proportional arrangement for employment, in accordance with the legal age of employment, the right to life, the right to a certain labour capacity and the free-in-kind person who voluntarily requires employment.
The establishment of units for employment of persons with disabilities and the employment of persons with disabilities can benefit from the tax incentives for employment of persons with disabilities in accordance with national provisions.
Article 5: The Urban and District Disability Assessment Committee is responsible for the assessment of disability within the jurisdiction in accordance with the China Standard of Practical Assessment for Persons with Disabilities.
Persons with disabilities who receive a disability certificate and persons with disabilities in possession of the People's Republic of China Disability Code may be taken into account for the total number of persons with disabilities.
Article 6 units should organize employment of persons with disabilities in accordance with the proportion of practitioners who are not less than 1.5 per cent of the last year.
One at the level of blind or one at the primary level may be employed by two persons with disabilities.
Article 7 units arrange employment of persons with disabilities, which may be recommended by the location's employment service providers, or by their own social recruitment. The children with disabilities in this unit may prioritize employment.
The employment of persons with disabilities should be arranged, in accordance with the provisions of the labour security sector, to enter into a labour contract for more than one year, to participate in social insurance and to arrange appropriate employment and jobs in accordance with their disability categories and levels, equal treatment with other workers in the areas of labour compensation, living benefits.
Article 8. The unit arranged for the employment of persons with disabilities not to be proportional to 1.5 per cent and should pay the employment security of persons with disabilities in accordance with the average annual wage of workers in the previous region, as published by the annual difference and city, district statistics. The proportion of persons with disabilities is calculated in proportion to a ratio of less than one.
Article 9. The employment security of persons with disabilities is vested in local tax authorities for the purpose of making specific payments, the scope of the collection and the manner in which they are paid, and are jointly determined by local tax authorities, the Disability Federation.
Article 10 units that have been placed in the employment of persons with disabilities shall, by 30 April of each year, receive an emergency disability certificate from the last year's roster of practitioners and persons with disabilities, and review the employment status of persons with disabilities in the region, in the district and in the district employment service units.
After the total number of practitioners and the number of persons with disabilities in the district, district and district employment services, the number of persons with disabilities was not proportional to the placement of persons with disabilities, the issuance of the South Kyoto City's approved notification of employment of persons with disabilities, and the recommendation of employment of persons with disabilities in the next year's work plan.
Article 11. The unit, after receiving the ratifier of Employment for Persons with Disabilities, has paid employment security payments to the unit's competent tax authorities.
The units that do not accommodate employment of persons with disabilities may not be subject to a review of the employment of persons with disabilities in the previous year and shall pay the employment security of persons with disabilities in accordance with the total number of practitioners in the Unit last year.
Article 12. Employment guarantees for persons with disabilities paid by businesses and other economic organizations in rural and urban areas are covered by management costs.
The employment security of persons with disabilities paid by agencies, groups and utilities is addressed by the agents in the budget of this unit.
Article 13. Revenue units who suffer natural disasters or severely do not meet the insolvency liquidation process are subject to suspension or relief of employment guarantees for persons with disabilities, which are subject to approval by the unit of the financial sector with the Disabled People's Federation, the local tax authorities.
Article 14. Employment of persons with disabilities guarantees the Government of Metal Fund, which incorporates financial budget management and receives oversight in the audit sector.
The employment security of persons with disabilities is mainly used for the following expenditure:
(i) To subsidize vocational training for persons with disabilities;
(ii) To encourage units with a higher proportion of disability in employment and to make visible results in the organization of employment for persons with disabilities;
(iii) For the promotion of the collective and independent operation of persons with disabilities;
(iv) Provide adequate funding for employment services for persons with disabilities, as approved by the same level of finance;
(v) Other expenditure directly for employment of persons with disabilities, approved by the same financial sector.
Article 15. The unit's late non-contributory or non-fulfilment of the employment security of persons with disabilities in full, with the exception of the payment of the time limit and the receipt of five wards on a later date. Flunesties are incorporated into employment guarantees for persons with disabilities.
The unit's late refusal to pay the employment security of persons with disabilities is subject to the application of the People's Court by the Municipal and District Federation of Disabled Persons.
Article 16 Labour and social security monitoring bodies should conduct labour inspections:
(i) Participation in the employment clearance of persons with disabilities as required;
(ii) Establish, implement and use of labour arrangements for persons with disabilities by units;
(iii) Protection of the legitimate rights and interests of persons with disabilities by units;
(iv) The granting of employment guarantees for persons with disabilities in units where employment for persons with disabilities does not meet the statutory proportion.
In violation of the above-mentioned circumstances, the Disability Federation and its disability-friendly employment services can recommend that labour and social security inspectorate be punished by law.
Article 17 - All levels of Disabled Persons' Federation are responsible for overseeing the placement of persons with disabilities in a proportional manner and paying employment guarantees for persons with disabilities.
Article 18 This constitutes an offence and is criminalized by the judiciary.
Article 19 provides for implementation from the date of publication.