Regulations on Employment of Disabled Persons

 

Chapter I      General Principles

Article 1         These rules are formulated in accordance with the Law of the People's Republic of China on the Protection of the Disabled Persons and other relevant laws to promote the employment of the disabled persons and protect their rights to work.

Article 2         By implementing the guidelines of combining both the centralized and dispersed methods, the state is making efforts to promote the employment of disabled persons.

The governments at or above the county level shall put the employment of the disabled persons into the strategy for national economic and social development, and establish preferential policies and specific protective and supportive measures to create conditions for their employment.

Article 3         Government organs, organizations, enterprises, public institutions, and private non-business organizations (hereinafter employers for all) shall abide by the relevant laws, these regulations and other administrative laws and rules to carry out the responsibilities and obligations to support the employment of the disabled persons.

Article 4         The state encourages social organizations and individuals to assist and support the employment of the disabled persons in various ways and forms, and encourages the disabled to obtain employment through application and other ways. Discrimination against the disabled persons in their employment shall be forbidden.

The disabled persons shall improve their own employability and working skills.

Article 5         The governments at all levels shall strengthen the overall planning and coordinating on the employment for the disabled persons. The organs for the disabled persons of the governments at or above the county level shall take responsibility for organize, coordinate, guide, and supervise and urge relevant departments to do a good job of the employment for the disabled persons. 

The governmental departments at and above the county level responsible for laboring protection and civil affairs shall do a good job of the employment for the disabled persons within the scope of their own official duties.

Article 6         China Disabled Persons’ Federation and its local branches shall, in accordance with laws, rules and regulations or under entrustment of the governments, take responsibilities to organize, implement and supervise the works relating to the employment for the disabled.

The Union, Communist Youth League and Women's Federation shall do a good of the employment for the disabled persons within the scope of their own official duties.

Article 7         The governments at all levels shall honor and praise the organizations and individuals who have made outstanding achievements on the works relating to the employment for the disabled.

 

Chapter II    Employers’ Responsibilities

Article 8         Employers shall employ the disabled persons in a specified proportion of the workforce, and provide them with proper jobs.

The disabled persons employed by an employer shall make up no less than 1.5% of the workforce. The specific proportions shall be stipulated by the governments of provinces, autonomous regions and municipalities directly under the central government, based on the local practical conditions.

The disabled persons employed cross-regionally shall be counted into the number of the disabled employees.

Article 9         The employers, who employ less disabled persons than the proportion stipulated by the governments of provinces, autonomous regions and municipalities directly under the central government, shall be collected with employment security fees for the disabled.

Article 10       The welfare enterprises, establishments of massage performed by the blind people, and other welfare agencies (hereinafter employers with centralized employment of the disabled for all), all of which are founded in accordance with the laws by the governments or social organizations, shall employ the disabled persons in a centralized way.

The qualification confirmation of the employers with centralized employment of the disabled shall be implemented in accordance with related national rules.

Article 11       The full-time employees with disabilities shall make up no less than 25% of the workforce of an employer with centralized employment of the disabled persons.

Article 12       The employers shall enter labor contracts or service agreements with them in accordance with the laws, when recruiting the disabled.

Article 13       The employers shall provide the disabled persons with laboring conditions and protections suitable for the physical conditions of, them and shall not discriminate against them on aspects of promotion and development of career, evaluation of professional titles, payment, social securities and living welfare, and so on.

Article 14       The employers shall, based on the practical conditions of the disabled employees, provide before-job, on-job, and job-transfer trainings for them.

 

Chapter III    Security Measures

Article 15       The governments at and above the county level shall take measures to widen employment channels and develop suitable welfare jobs for the disabled persons, protecting their employment.

The governments at and above the county level shall give the employment for the disabled persons priority in development of the community service industry.

Article 16       The employment security fees for the disabled, which are levied according to the laws, shall be included in the fiscal budget and specially applied to provide professional training, employment service and assistance for the disabled persons. Any organization or individual shall not graft, peculate, intercept and allocate without approval the said fees. The specific measures to collect, apply and manage the fee shall be stipulated by the financial departments and other relevant departments of the state council.

The financial departments and audit organs shall strengthen the supervision and inspection over the application of the fees.

Article 17       The state will offer tax preference to the employers with centralized employment of the disabled, and extend support and assistance on aspects of production, operation, technology, capital, material and place.

Article 18       The governments at and above the county level and other relevant departments shall specify the products and projects suitable for the disabled persons to produce and operate, give priority to the employers with centralized employment of the disabled when arranging the production and operation of these products or projects, and designate some products to be exclusively produced by the said employers based on their production features.

The governments shall preferentially purchase the products or service provided by the said employers in government procurement.

Article 19       The state encourages the disabled persons to seek jobs independently or get self-employed. The relevant departments shall offer tax preference in accordance to the laws to the businesses privately run by the disabled persons, extend support and preference on aspects of business places and etc, and exempt them from the administrative fees for regulation, registration and license.

Governments will extend support such as small loans, within a specific period, to the disabled seeking jobs independently or being self-employed.

Article 20       The local governments at all levels shall raise capital in various ways to organize and support the disabled farmers to undertake performing planting, breeding, handicraft industry as well as other forms of production.

The relevant departments shall extend assistance to the disable farmers on aspects of production service, technical guidance, supply of agriculture materials, procurement of farm and sideline products, credit loans and etc.

 

Chapter IV    Employment Service

Article 21       The governments at all levels and relevant departments shall provide the disabled persons with employment problems with appropriate employment assistance services, encourage and support the professional training agencies to provide training to the disabled persons, and organize professional skill contests for the disabled persons in a regular manner.

Article 22       China Disabled Persons’ Federation and its local agencies providing employment services to the disabled persons shall provide free of charge the following services for the disabled:

1. Release employment information related to the disabled;

2. Organize professional training for the disabled;

3. Provide the disabled persons with professional psychological consultation, adjustment assessment, rehabilitation exercises, job seeking guidance, job introduction and other services.

4. Provide necessary assistance for the disabled persons seeking job independently;

5. Provide necessary support to the employers employing the disabled persons.

The state encourages other social agencies of employment service to provide service for the disabled free of charge.

Article 23       The disabled-employment -service providers, under entrustment of the labor security departments, can perform the disabled-unemployment registration, and statistics on employment and unemployment of the disabled persons; they can also implement the appraisal on professional skills of the disabled persons with the approval of the local labor security departments.

Article 24       When any dispute occurs between disabled employees and their employers, the local legal aid organizations shall provide legal aid to the disabled in accordance with the laws, and the disabled persons’ federations at all levels shall extend support and assistance.

 

Chapter V     Legal Obligations

Article 25       If the administrative organs and staff violate these regulations to abuse their power, neglect their duties, practice favoritism and commit irregularities, criminal responsibility shall be investigated in accordance with the laws for the cases serious enough to constitute a crime, and disciplinary action be taken for the ones not serious enough to constitute a crime.

Article 26       If the administrative organs and staff violate these regulations to graft, peculate, intercept and allocate without approval the employment security fees for the disabled persons, criminal responsibility shall be investigated in accordance with the law for the cases serious enough to constitute a crime, and disciplinary action or penalty be taken against the violating organs, the persons directly in charge and other persons directly responsible for the ones not serious enough to constitute a crime.

Article 27       If the employers violate these regulations not to pay the employment security fees for the disabled persons in accordance with the regulations, the financial departments shall give them a warning and order them to pay within a specific period; if they fail to pay after the due date, the financial departments shall collect a daily 5‰ late fees as of the due date in addition to the unpaid amount.

Article 28       If the employers violate the regulations to make a false report on the amount of the disabled employees in order to gain by cheating the tax preference given to the employers with centralized employment of the disabled, the tax authorities shall punish them in accordance with the law.

 

Chapter VI    Supplementary Provisions

Article 29       “Employment of the disabled persons” referred in the regulations means that the disable persons at legitimate working age and in need of being employed perform the works with payment.

Article 30       The regulations will be effective as of May 1st, 2007.