Regulations on the Employment of Persons with Disabilities
Chapter One General Provisions
With a view to promoting the employment of disabled persons and protecting their rights to work, these Regulations are formulated in accordance with the Law of the People's Republic of China on the Protection of Disabled Persons and other relevant laws.
The state adopts an employment principle of combining concentrative placement with scattered employment to promote the employment of disabled persons.
People’s governments above county level shall incorporate employment works for disabled persons into plans for economic and social development, and formulate preferential policies and concrete measures of support and protection, in order to create conditions for their employment.
State organs, nongovernmental organizations, enterprises, institutions and private non-profit organizations (hereinafter all referred to as employing units) shall observe their responsibilities and obligations of supporting the employment of disabled persons, in accordance with relevant laws, the present regulations and other administrative rules and regulations.
State encourages social organizations and individuals help and support disabled persons to obtain employment through multiple channels and various forms, and disabled persons are encouraged to obtain employment by themselves through various forms such as job interview. No discrimination shall be practiced against disabled persons in their employment.
Disable persons shall improve their own competence to increase employment capacity.
People’s governments at all levels shall intensify the efforts to outline overall plans on the employment of disabled persons and conduct comprehensive coordination. Governmental organs in charge of works for disabled persons above county level shall hold responsibilities of organize, coordinate, guide and supervise works carried out by relevant organs for employment of disabled persons.
Relevant organs in charge of labor securities and civil affairs in people’s governments above county level shall make great efforts to do their work for the employment of disabled persons within their scope of duty and responsibility.
China Disabled Persons’ Federation and its local organizations are responsible for concrete implementation and supervision of employment work for disabled persons, in accordance with laws and regulations, or tasks entrusted by the government.
Trade unions, Socialist youth leagues and women’s federations shall work hard for the employment of disabled persons within their scope of work.
Governments at all levels shall praise and award those units and individuals who have made notable achievements in their work for promoting the employment of disabled persons.
Chapter Two Responsibility of Employing Units
Employing units shall employ a certain proportion of disabled persons in appropriate types of
jobs and posts.
The proportion of disabled employees shall not be lower than 1.5% of the overall employees. The specific ratio may be determined by people’s governments of provinces, autonomous regions and municipalities in line with their actual conditions.
Disabled employees recruited by employing units outside their respective regions, shall be counted into the target number of disabled employees.
Employing units which fail to meet the target proportion of disabled employees determined by local people’s governments of provinces, autonomous regions or municipalities shall pay employment security fund for disabled persons.
Welfare enterprises for disabled persons, blind men’s massage agencies and other welfare units (hereinafter all referred to as employing units with concentrative employment of disabled persons) set up by the state and society in accordance with law, shall provide concentrative employment for disabled persons.
Qualification assessment of employing units with concentrative employment of disabled persons shall be practiced according to relevant regulations of the state.
In employing units with concentrative employment of disabled persons, disabled employees engaged in all-day work shall account for more than 25% of the overall current employees.
Employing unit shall sign labor contract or service agreement with its disabled employees according to law.
Employing units shall provide disabled employees with working conditions and labor protection suitable for their physical conditions. No discrimination shall be practiced against disabled persons in promotion, determining technical or professional titles, payment, labor insurance, welfare or in other aspects.
Employing units shall provide pre-employment, in-service, re-employment and other forms of training for disabled employees according to their actual conditions.
Chapter Three Protection Measures
People’s governments above county level shall adopt measures to broaden employment channels and provide proper posts for disabled persons to guarantee their employment.
People’s governments above county level shall give priority to employing disabled persons when developing community service undertaking.
Employment security fund for disabled persons to be collected according to law shall be incorporated into fiscal budget and utilized for providing employment service and assistance for disabled persons. No organization or individual shall graft, embezzle, detain or allocate the fund. Concrete measures concerning the collection, utilization and management of employment security fund for disabled persons shall be formulated by financial department, with other relevant organs under the State Council.
Financial departments and auditing organs shall intensify their efforts to supervise the use of employment security fund for disabled persons, in accordance with law.
The state shall implement preferential taxation policy in relation to employing units with concentrative employment of disabled persons, and provide assistance in production, management, technology, capital, logistic, working sites and other fields.
Local people’s governments above county level and departments concerned shall determine the types of products and projects suitable for production and operation by disabled persons, give priority to employing units with concentrative employment of disabled persons to conduct production and operation, and gradually determine which products are to be produced exclusively by employing units with concentrative employment of disabled persons according to their production features.
Under the same circumstances, products or service provided by employing units with concentrative employment of disabled persons shall be given priority in the process of government procurement.
The state encourages and assists disabled persons to obtain employment independently and establish their own business. Preferential taxation policy shall be applied to those disabled persons who open individual business according to law. Departments concerned shall give them preferential treatment in allotting working units, and exempt them from administrative undertaking fees in categories such as management, registration and license issuing.
The state shall assist disabled persons who obtain employment independently and establish their own business in terms of allotting microfinance within a certain period.
Local people’s governments at various levels shall raise funds from various sources, in order to organize and support disabled persons in rural areas to engage in farming, planting, animal breeding, handicraft industry and other forms of production.
Departments concerned shall provide assistance for disabled persons engaged in agricultural production in rural areas by way of production service, technical guidance, agricultural logistic, collection and purchase of farm and sideline products and loans.
Chapter Four Employment Service
People’s governments at various levels and departments concerned shall provide specific employment assistance service for disabled persons with employment difficulty, encourage and support vocational training agencies to provide vocational training for disabled persons, and organize regular vocational capacity competition.
Employment service agencies for persons with disabilities affiliated to China Disabled Persons’ Federation and its local organizations shall provide free services for disabled persons as following:
Release job information for disabled persons;
Organize vocational training for disabled persons;
Provide vocational psychological consultation, vocationaal adaptation assessment, vocational rehabilitation exercise, job-seeking orientation guidance, job recommendation and other services for
Provide necessary assistance to disabled persons who obtain employment independently;
Provide necessary support to employing units which arrange employment for disabled persons.
The state encourages other employment agencies to provide free employment service for disabled persons.
Employment service agencies for persons with disabilities may register unemployed disabled persons, and conduct statistics of employment situation of disabled persons, entrusted by departments of labor and security; such agencies may also rate vocational capacity for disabled persons, approved by local departments of labor and security.
When a labor dispute between employing unit and disabled employee takes place, local legal aid organs shall offer legal aid to disabled employees, and China Disabled Persons’ Federation at all levels shall render support and assistance.
Chapter Five Legal Responsibility
In violation of the present regulations, the functionaries of relevant administrative departments who abuse their functions and powers, neglect their duties, and engage in malpractices for selfish ends, shall be investigated for criminal responsibilities according to law if a crime is constituted, or shall be given punishment if the offenses do not yet constitute a crime.
In violation of the present regulations, those who graft, embezzle, detain or allocate employment security fund for disabled persons, shall be investigated for criminal responsibilities according to law if a crime is constituted; functionaries in charge with direct responsibility and other functionaries with direct responsibility shall be given sanction or punishment if the offenses do not yet constitute a crime.
In violation of the present regulations, the employing units which fail to pay employment security fund for disabled persons, shall be given warning by financial departments and pay it within a set period; besides the original fund due to pay, the employing units shall pay late fee with a daily rate of 5‰, if the employing units fail to pay it within a set period.
In violation of the present regulations, the employing units which provide fake statistics of disabled employees and defraud preferential taxation treatment offered to employing units with concentrative employment of disabled persons, shall be handled to taxation departments according to law.
Chapter Six Supplementary Provisions
Employment of disabled persons refer to employment with payments of disabled persons, whose age meets lawful standard with work demands.
Article 30 The present regulations shall come into effect as of May 1, 2007.