Regulation on the Employment of the Disabled
· Document Number：Order of the State Council No.488
· Area of Law： Civil Law Trade Unions
· Level of Authority： Administrative Regulations
· Date issued：02-25-2007
· Effective Date：05-01-2007
· Issuing Authority： State Council
· Status： Effective
Order of the State Council
The Regulation on the Employment of the Disabled, which was adopted at the 169th executive meeting of the State Council on February 14, 2007, is hereby promulgated and shall come into force as of May 1, 2007.
Premier Wen Jiabao
February 25, 2007
Regulation on the Employment of the Disabled
Chapter I General Provisions
Article 1 This Regulation is formulated according to the Law of the People's Republic of China on the Protection of the Disabled for the purpose of promoting the employment of the disabled and safeguarding the labor right of the disabled.
Article 2 The state implements the guidelines of combining centralized employment with decentralized employment to the employment of the disabled, and promotes the employment of the disabled.
The people's government at or above the county level shall incorporate the employment of the disabled into the plan for national economy and social development, formulate preferential policies and specific supporting and protection measures, and create conditions for the employment of the disabled.
Article 3 Organs, groups, enterprises, public institutions and private non-enterprise entities (hereinafter referred to as employers) shall perform the duty and obligation of supporting the employment of the disabled according to relevant laws, this Regulation and other relevant administrative regulations.
Article 4 The state encourages social organizations and individuals to help and support the employment of the disabled through various channels and forms, encourages the disabled to find jobs by various means, and prohibits the discrimination against the disabled in employment.
The disabled shall enhance their own qualify and increase the ability to obtain employment.
Article 5 The people's government at each level shall strengthen the overall plan and comprehensive coordination for the employment of the disabled. The bodies in charge of the work on the disabled in the people's government at or above the county level shall be responsible for organizing, coordinating, guiding and urging relevant departments to do a good job in the employment of the disabled.
The labor security, civil affairs and other administrative departments in the people's government at or above the county level shall, within the scope of their own duties, do a good job in the employment of the disabled.
Article 6 China Disabled Persons Federation and other local organizations shall, according to the laws and regulations or upon authorization of the government, be responsible for specifically organizing, implementing and supervising the work on the employment of the disabled.
Trade unions, communist youth leagues and women associated societies shall do a good in the employment of the disabled within their respective working range.
Article 7 The people's government at each level shall praise and award those entities and individuals that have made outstanding achievements in the work on the employment of the disabled.
Chapter II Duties of Employers
Article 8 An employer shall arrange a certain proportion of the disabled for the employment, and provides suitable kind of work and posts for them.
The proportion for an employer to hire disabled people shall not be lower than 1.5% of the total number of its staff members in office. The specific proportion shall be prescribed by the people's government of the province, autonomous region, or municipality directly under the Central Government.
In case an employer hires any disabled person in a region other than that where it is registered, the disabled hired in that region shall be incorporated into the number of disabled employees it has hired.
Article 9 In case the number of disabled person hired by an employer is less than the proportion as prescribed by the people's government of the local province, autonomous region, or municipality directly under the Central Government, the employer shall pay the employment protection fund for the disabled.
Article 10 Welfare enterprises for the disabled, blind massage centers and other welfare entities (hereinafter referred to as employers that hire the disabled in a centralized manner) launched by governments and the society shall arrange the employment of the disabled in a centralized manner.
The qualification accreditation of the employers that hire disabled people in a centralized manner shall be carried out according to the relevant provisions of the state.
Article 11 The disabled employees engaging in full-time employment in an employer that hires the disabled in a centralized manner shall account 25% or more of the total number of its full-time employees.
Article 12 An employer shall, for the employment of disabled employees, conclude labor contracts or service agreements with them.
Article 13 An employer shall provide the disabled employees with the labor conditions and labor protection suitable for their healthy situation; and shall not discriminate against the disabled employees in the aspects of promotion, rise in rank, conferring of professional titles, social insurances and living welfare treatments, etc.
Article 14 An employer shall, according to the actuality of its disabled employees, carry out pre-job, on-job, and job-changing trainings for them.
Chapter III Protection Measures
Article 15 The people's government at or above the county level shall adopt measures, widen the channels for the employment of the disabled, develop the public welfare posts suitable for the employment of the disabled, and safeguard the employment of the disabled.
The people's government at or above the county level shall, when developing the community-based service cause, give priority to the employment of the disabled.
Article 16 The employment protection fund for the disabled as lawfully collected shall be incorporated into treasury budget and be specially used for the vocational trainings of the disabled, the services and assistance to the employment of the disabled, and no organization or individual may embezzle, misappropriate, hold back or privately divide any of it. Specific measures for the collection, use and management of the employment protection fund for the disabled shall be prescribed by the treasury administrative department and other relevant departments under the State Council.
The treasury administrative departments and the audit organs shall strengthen the supervision over and inspection of the use of the employment protection fund for the disabled.
Article 17 The state will grant tax preferences to those employers that hire disabled persons in a centralized manner, and give them support in the aspect of production, operation, technology, capital, materials and use of places, etc.
Article 18 The local people's government at or above the county level and relevant departments shall determine the projects and items suitable for the production and operation of the disabled, give priority to the production or operation of those employers that hire disabled persons in a centralized manner, and determine that some products will be specially produced by the employers that hire disabled people in a centralized manner according to the production characteristics of these employers.
In the case of government procurement, the products or services of the employers that hire disabled people in a centralized manner shall be purchased with priority under equal terms.
Article 19 The state encourages and supports disabled people to find jobs and establish businesses on their own initiatives. Self-employed disabled persons will be given tax preferences, and relevant departments shall take care of them in the business place, etc., and exempt them from such administrative charges as management charges, registration charges and certification charges.
The state will grant small-amount credit loans to those disabled persons who find jobs and establish businesses on their own initiatives within a certain term.
Article 20 The local people's court at each local place shall raise capital from various sources, organize and support the disabled in the countryside to engage in the planting, stock breeding, handicraft industry and other forms of production.
Relevant departments shall help the disabled in the countryside who are engaging in agricultural production in the aspect of production services, technical guidance, supply of agricultural materials, purchase of agricultural and sideline products and the grant of credit loans, etc.
Chapter IV Employment Services
Article 21 The people's government at each level and the relevant departments shall provide pertinent employment assistance and services to those disabled persons who have difficulty in finding jobs, encourage and support vocational training institutions to provide vocational trainings for the disabled, and organize the disabled to regularly carry out professional skill contests.
Article 22 The job service institutions affiliated to China Disabled Persons Federation and other local organizations shall provide the following services to the disabled free of charge:
(1) Releasing job information to the disabled;
(2) Organizing vocational trainings for the disabled;
(3) Providing vocational psychological counseling, vocational adaptability appraisal, vocational rehabilitation trainings, oriented guidance for job hunting, and vocational introduction, etc. for the disabled;
(4) Providing necessary help for the self employment of the disabled; and
(5) Providing necessary support for the employers to hire disabled persons.
The state encourages other job service institutions to provide free services to the disabled.
Article 23 Upon entrustment of the labor security administrative department, a job service institution for the disabled may carry out the unemployment registration of the disabled, and make statistics on the employment and unemployment of the disabled, and may carry out professional skill appraisal of the disabled upon approval of the local labor security administrative department.
Article 24 In the case of any dispute between a disabled employee and his employer, the local legal aid institution shall provide legal assistance for the disabled employee, and the disable persons association at each level shall give support and help.
Chapter V Legal Liabilities
Article 25 Any relevant administrative department or any of its functionaries abuses its/his authorities, neglects its/his duties or resorts to frauds for private purposes by violating this Regulation shall be subject to criminal liabilities, or shall be given sanctions if no crime is constituted.
Article 26 Anyone who embezzles, misappropriates, holds back or privately divides any of the employment protection fund for the disabled by violating this Regulation shall be subject to criminal liabilities if a crime is constituted; and if no crime is constituted, relevant entities, principal and other persons held to be directly responsible shall be given sanctions or punishments.
Article 27 In case any employer fails to pay employment protection fund for the disabled employees by violating this Regulation, the finance administrative department shall give it a warning and order it to make payments within a time limit; and if it fails to do so, it shall, in addition to the repayment of defaulted amount, be imposed a daily overdue fine of 0.5% of the defaulted amount after the time limit.
Article 28 In case any employer practices frauds, falsely reports the number of disabled persons it has employed by violating this Regulation, and thus cheats the preferential tax treatments for the employers that hire disabled people in a centralized manner, the taxation authority shall handle it according to law.
Chapter VI Supplementary Provisions
Article 29 The “employment of disabled persons” as mentioned in this Regulation means the employment of the disabled persons who have reached the statutory age for employment and have the requirements of employment and take up paid jobs.
Article 30 This Regulation shall come into force as of May 1, 2007.