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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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(Act No. 85, People's Government Order No. 85 of 17 November 2004, which came into force on 1 January 2005)

The Government of the province has decided to amend the proportional approach to the placement of persons with disabilities in the Southern Province as follows:
Paragraph 5 of Article 8 was amended to read: “Europes for employment of persons with disabilities paid by businesses are covered by management fees; employment guarantees for persons with disabilities paid by organs, groups and utilities, from budgetary funds or income”.
Article 10, paragraph 2, was amended to read: “Energy and other economic organizations shall pay the employment security of persons with disabilities and entrust local tax authorities with leasing. Specific approaches are developed by the Provincial Disability Federation with the provincial local tax authorities.”
Article 12, paragraph 1, was amended to read: “Empower guarantees for persons with disabilities are included in the budget management and are allocated by the financial sector for prescribed-purpose oversight, and no sector shall be redeployed or diverted”.
Article 13, paragraph 2, was amended to read: “The employment of persons with disabilities in violation of this scheme is denied employment guarantees for persons with disabilities, except for the period of time of duty, and to inform him of the criticism; the refusal is still not implemented, and the application by the local Disability Federation for enforcement by the People's Court of Justice”.
This decision is implemented effective 1 January 2005. In the Southern Province, the employment of persons with disabilities was released in accordance with this decision.

Annex: Proportional arrangements for employment of persons with disabilities in the Southern Province (Amendment (2004))
(Act No. 37 of 26 September 1997 by the People's Government Order No. 37 of 17 November 2004 on the revision of the Decision of the Government of the Southern Province of the River to amend the employment of persons with disabilities in proportional province)
In order to guarantee the labour rights of persons with disabilities, this approach has been developed in accordance with the People's Republic of China Disabled Persons Guarantee Act, the Mouvement for Persons with Disabilities in the Southern Province and the relevant laws, regulations and regulations.
Article 2 Persons with disabilities are the most vulnerable groups of society. Employment of persons with disabilities is the basis for improving their social status, living conditions and full participation in social life, and is one of the fundamental rights granted to persons with disabilities in national legislation. The proportional arrangements for employment of persons with disabilities are the main avenues for employment of persons with disabilities. National agencies, social groups, businesses, utilities, urban and rural collective economic organizations have the obligation to share employment of persons with disabilities.
Article 3 addresses the employment placement of this approach, which means that persons with disabilities are held at the regular household level in the province, in possession of the People's Republic of China Disability certificate, in accordance with the legal age of employment, and that they are entitled to self-sustainable and certain labour capacities (communes, rural collective economic organizations arrange employment of persons with disabilities).
Article IV organizes employment of persons with disabilities by proportional proportion, under the leadership of the Coordinating Committee for the Work of Persons with Disabilities at the district level and above, by the same-ranking Disability Federation. The sectors such as development reform, labour security, personnel, finance, statistics and finance are closely aligned with their respective responsibilities and co-ordinated employment of persons with disabilities.
Labour employment services for persons with disabilities are established at the district level and under the auspices of the People's Federation of Persons with Disabilities, with a proportion of specific operations for the employment of persons with disabilities.
The employment services for persons with disabilities at all levels are the cause unit, which funds are funded by the financial sector in accordance with the level of credit or the scheme of subsidies.
Article 5 The number of persons with disabilities in employment should be arranged by one.
Persons with disabilities placed in the active revolution, in line with China's practical assessment criteria for persons with disabilities, self-sustainable businesses and labour services enterprises are taken into account in the number of persons with disabilities.
One Braille was arranged for employment, based on two persons with disabilities.
Article 6 provides for employment of persons with disabilities by proportionalities and implements the principle of near-replacement. Employment of persons with disabilities may be recruited (or employed) from persons with disabilities recommended by the Employment Service of Persons with Disabilities, or socially recruited (replaced) and entered into labour contracts with persons with disabilities under the law.
The user units should be structured in accordance with the physical situation and characteristics of persons with disabilities, to determine the level of labour in a reasonable manner. Non-discrimination should be non-discriminatory and non-discriminatory with other workers in the areas of customization, job evaluation, labour compensation, living benefits and labour insurance.
Article 7. Sectors such as labour guarantees, education, as well as occupational skills training institutions owned by businesses, business units and social groups, should provide training for persons with disabilities in various vocational skills.
In accordance with the National Employment Policy, training programmes have been developed for persons with disabilities to participate in vocational training, in accordance with the National Employment Policy.
Article 8. Organization of a unit of persons with disabilities who do not meet the prescribed proportion of persons with disabilities, which must be paid to the labour-care services for persons with disabilities every year.
The Employment Guarantee for Persons with Disabilities refers to the placement of a proportion of persons with disabilities who are less than mandated, and the calculation of the annual average salary of employees in the region shall be financed by earmarked funds for employment of persons with disabilities, in accordance with the number of annual differences and the annual average annual wage.
The calculation formula for paying employment guarantees for persons with disabilities is:
The Employment Guarantee Fund for Persons with Disabilities = (the total number of employees of a person's unit x 1.5 per cent-people unit has arranged the number of persons with disabilities) x the average annual salary of the previous local worker published in the statistical sector.
The employment security of persons with disabilities paid by the enterprise is covered by the management fee; the employment security of persons with disabilities paid by organs, groups and utilities is charged from budgetary provisions or income.
Article 9. Each year, a person-specific unit must be brought to the local disability-friendly working service for the year-by-year statement on the proportional arrangements for the disabled.
The Employment Service of Persons with Disabilities checks the proportion of persons with disabilities placed in the unit and determines the number of units that should pay employment guarantees for persons with disabilities and the amount to be paid, and sends a letter of payment to units that pay the employment security of persons with disabilities.
The unit of the employment security of persons with disabilities should be paid, and the amount and duration of the payment of employment guarantees for persons with disabilities must be paid in accordance with the bank accounts, the amount of contributions and the duration of the payment of the payment, the late non-contributory or non-fulfilment of the period of time, and the amount of lapse of 5 per 1,000 per 1,000 per 1,000 per 1,000 per 1,000 per 1,000 per day from the date of lag.
For reasons such as financial difficulties or losses, the user unit is required to defray or relief the employment security of persons with disabilities, with the same-ranking financial statements, the annual financial settlement or accounts approved by the tax sector, and to write the application reports, which may be paid or paid after the approval of the Coordinating Committee on the Work of Persons with Disabilities of the Local Government.
Article 10. Employment guarantees for persons with disabilities are collected by the municipal and district employment services. The district-level work-service institution for persons with disabilities contributed to the employment services of persons with disabilities in the provinces under 10 per cent of the total annual collection of guarantees, and the Ministry of Labour and Employment Services for persons with disabilities in the provinces, which receive 8 per cent of the total annual collection of guarantees, for the establishment of employment guarantees for persons with disabilities used by provincial, provincial and municipal mediators.
Enterprises and other economic organizations should pay employment security benefits for persons with disabilities, entrusting local tax authorities with collection. Specific approaches were developed by the Provincial Disability Federation with the provincial local tax authorities.
The collection of employment security benefits for persons with disabilities must be used to harmonize the provincial fiscal sector's specialised instruments on employment security for persons with disabilities, and to highlight the chapter of local employment services for persons with disabilities.
Article 11. Scope of employment guarantees for persons with disabilities:
(i) Subsidies for vocational training for persons with disabilities;
(ii) Provide compensation for the collective or individual operation of persons with disabilities;
(iii) To reward advanced units or individuals with a higher proportion of employment for persons with disabilities;
(iv) Other expenses directly for employment of persons with disabilities, approved by the same level of finance.
Article 12. Employment guarantees for persons with disabilities are included in the budget management and are allocated by the financial sector for the purpose-specific supervision, and no sector shall be reconciled or diverted.
Labour-care services at all levels must establish a regulated financial management system for the employment security of persons with disabilities, enhance income and expenditure management and receive peer finance, inspection and oversight in the audit sector.
The management approach of the employment security fund for persons with disabilities was developed by the Provincial Finance Office with the Provincial Disability Federation.
Article 13 provides for units or individuals with a higher proportion of employment for persons with disabilities, which are recognized or rewarded by the Federation of Persons with Disabilities.
In violation of this approach, the employment of persons with disabilities was denied to pay employment guarantees for persons with disabilities, with the exception of the period of time of assignment and criticism; the denial of implementation was sought by the Local Disability Federation for enforcement by the People's Court.
Article 14. This approach is explained by the Provincial Disability Federation.
Article 15. This approach is implemented effective 1 January 2005.