Henan Province, Henan Provincial People's Government On The Revision Of The Proportional Arrangement Decisions Of The Employment Measures For Persons With Disabilities

Original Language Title: 河南省人民政府关于修改《河南省按比例安排残疾人就业办法》的决定

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(On November 17, 2004 Henan Province Government makes 85th, announced since on January 1, 2005 up purposes) Province Government decided on Henan province by proportion arrangements disabled employment approach for following modified: a, and will eighth article fifth paragraph modified for: "Enterprise paid of disabled employment guarantees gold from management fee in the expenditures; organ, and groups and institutions paid of disabled employment guarantees gold, from budget funding or income in the expenditures. "Second, the tenth article is changed to:" be paid by enterprises and other economic organizations of persons with disabilities employment security fund, entrusting local tax levy. Specific measures shall be formulated by the provincial Federation of the disabled, in conjunction with the provincial administration of local taxation. "Third, the 12th article is revised as follows:" persons with disabilities employment security fund into the budget management, as required by the financial sector supervision and paid no Department may not be flat or diverted to any other use. "Four, the 13th article is changed to:" for violation of these measures disproportionately place and refuse to pay the disabled employment security fund for employment of persons with disabilities, in addition ordered to pay out, and give notice of criticism; still refused to implement, the local disabled persons ' Federation, apply to a people's Court for compulsory execution. "This decision shall enter into force on January 1, 2005.

    The proportional arrangement of Henan province employment measures for persons with disabilities pursuant to the present decision be revised and republished. Attached: Henan province by proportion arrangements disabled employment approach (2004 amendment this) (on September 26, 1997 Province Government makes 37th, announced according to on November 17, 2004 Henan Province Government on modified straddling Henan province by proportion arrangements disabled employment approach of decided Amendment) first article to guarantees disabled of labor right, according to People's Republic of China disabled guarantees method, and Henan province straddling disabled guarantees method implementation approach and about legal, and regulations of provides,
    Combined with the actual situation of the province, these measures are formulated. Second is the most difficult special groups in society of persons with disabilities. Employment of persons with disabilities is to improve their social status, the basis of life and full participation in society, is a national law of one of the fundamental rights of persons with disabilities. In proportion to arrange employment for persons with disabilities, is the main channel for employment of persons with disabilities.
    State organs, public organizations, enterprises and institutions, the proportion of urban and rural economic collectives have assumed the obligation to arrange employment for persons with disabilities.
    Article object placement in these measures refers to urban permanent residence in the province, holding the People's Republic of China disabled persons license, reaching the legal age for employment, I have the job requirements, life can take care of themselves and have some ability to work of unemployed people with disabilities (village and town enterprises, rural collective economic organizations of persons with disabilities in employment is not affected by this limit). Article fourth proportional arrangements for employment of persons with disabilities, and people's Governments at the county level and above County Coordination Committee under the leadership of the work of persons with disabilities, the disabled persons ' Federation, at the same level are responsible for organization and implementation.
    Development and reform, labor, personnel, financial, statistical, financial and other sectors according to their respective duties, cooperate closely, do a proportionate arrangements for employment of persons with disabilities.
    At county level and above County Federation of persons with disabilities under the disabled persons employment service agencies in labor and social security, personnel department, under the guidance of specific business commitments in proportion to employment of persons with disabilities.
    Employment services firms and institutions at all levels, to be funded by the financial sector in accordance with the quota or subsidy mechanism, the implementation of budget management. The fifth article of the provincial administrative organs, public organizations, enterprises, institutions (hereinafter referred to as the employer) shall be not less than the proportion of the total number of employees of 1.5% arranged employment for persons with disabilities.
    Arrangements for persons with disabilities in employment is less than 1, 1 people.
    Serving disabled revolutionary soldiers, in line with China's practical evaluation standards of persons with disabilities disability due to illness for the public employees, their own welfare enterprises and labor service enterprise in the placement of persons with disabilities, including the number of employers have arranged employment for persons with disabilities.
    Arrange 1 employment of the blind, calculated according to arrangement 2 disabled persons. Sixth article in proportion to arrange employment for persons with disabilities, applying the principle of integration.
    Employers can arrange employment for persons with disabilities from employment services agency recommended people with disabilities enrolled in (external), or for the community to recruit (external) and shall enter into labor contracts with persons with disabilities. Employers shall under physiological conditions and characteristics of persons with disabilities, and appropriate jobs and positions, determines the quota.
    In the classification, job appraisal, remuneration, benefits, insurance or in other aspects of life, should work with other employees equally and without discrimination.
    Seventh labor and social security, education and other sectors as well as enterprises, institutions and social groups is a member of various types of vocational and technical training institutions, should provide various vocational skills training to persons with disabilities.
    Employment service agencies in accordance with national employment policies at all levels, according to occupational demand projections and job quality requirements for employment, training plans, organizations of persons with disabilities to vocational training.
    Eighth Schedule did not reach the required percentage of employers of persons with disabilities, each year must be paid to the employment services for persons with disabilities to employment benefits.
    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 calculated annual average wage of workers in the region should be used to pay for 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 x1.5%-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 pay the employment security fund out of the management fees were charged to persons with disabilities; agencies, organizations and institutions to pay employment security fund for the disabled, from budgetary expenditures or revenues.
    Nineth employer end of each year must register with the local employment service agencies completed arrangements in proportion of persons with disabilities annual report.
    Check employers ' disabled employment service organizations to determine pay employment security fund for disabled persons and amounts to be paid, should be paid to persons with disabilities, persons with disabilities employment security fund units issued notice of employment security fund payments.
    Shall pay employment security fund for disabled persons, must be listed in the notice of payment bank accounts, payment amounts and duration, paid employment for persons with disabilities protection fund, fails to pay or not to pay, in addition to outside the deadline to pay, and lag Na date plus 5 per thousand of the amount payable per day late fee.
    Employer or loss due to funding difficulties and other reasons, absolutely necessary to postpone or reduce employment security fund for the disabled, requires financial and taxation Department approved annual financial results or financial statements, write application reports, after the disability Coordinating Council and approved by the local people's Government, the payment or relief. Article tenth employment security fund by the city and County employment service agencies collect.
    County-level employment service agencies on an annual collection guaranteed 10% paid in total provincial employment service agencies, provincial employment services according to 8% of total annual collection guaranteed gold turned over to the provincial employment service agencies, for the establishment of the province, the provincial government transfers of employment benefits. Be paid by enterprises and other economic organizations for persons with disabilities employment security fund, entrusting local tax levy.
    Specific measures shall be formulated by the provincial Federation of the disabled, in conjunction with the provincial administration of local taxation.
    Charging people with disabilities employment security fund, you must use the Finance Department of the disability employment security fund private bills, and affix the seal of the local employment service agencies.
    11th employment benefits the use of persons with disabilities: (a) subsidies for vocational training of persons with disabilities; (b) the paid support group employed or self-employed persons with disabilities; (c) rewards disproportionate placement of advanced units and individuals of the employment of persons with disabilities; (iv) approved by the financial sector, other expenditure directly for the employment of persons with disabilities.
    12th disability employment security fund into the budget management, as required by the financial sector supervision and paid no Department may not be flat or diverted to any other use.
    Employment service agencies at all levels must establish a standard of disability employment Security Fund financial management system, strengthen the management of income and expenditure, and accept inspections and monitoring of the financial and auditing departments at the same level.
    Disabled employment security fund management approach, developed by the provincial Department of finance in conjunction with the provincial disabled persons Federation.
    13th the disproportionate placement of people with disabilities in jobs from units or individuals, the disabled persons ' Federation reported the same level people's Governments shall be commended or awarded.
    For violation of these measures disproportionately place and refuse to pay the disabled employment security fund for employment of persons with disabilities, in addition ordered to pay out, and give notice of criticism; still refused to implement, the local disabled persons ' Federation, apply to a people's Court for compulsory execution.
    14th explaining these measures by the provincial Federation of the disabled.
                                          15th these measures come into force on January 1, 2005.

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