What are the legal provisions for recruiting disabled employees?

There are mainly two parts: Law of the People's Republic of China on the Protection of Disabled Persons and Regulations on the Employment of Disabled Persons (the State Council Decree No.448).

Law of the People's Republic of China on the Protection of Disabled Persons

Chapter IV Employment

Chapter IV Employment

Article 30 The state guarantees the labor rights of disabled people.

People's governments at all levels shall make overall arrangements for the employment of disabled people and create employment conditions for them.

Article 31 The employment of disabled persons shall follow the principle of combining centralization and decentralization, adopt preferential policies and support and protection measures, and make the employment of disabled persons gradually universal, stable and reasonable through multiple channels, levels and forms.

Article 32 The government and society shall establish welfare enterprises for the disabled, massage institutions for the blind and other welfare units to centrally arrange employment for the disabled.

Article 33 The State practices a system of proportional employment for the disabled.

State organs, social organizations, enterprises and institutions, and private non-enterprise units shall arrange employment for disabled persons in accordance with the prescribed proportion, and choose appropriate jobs and posts for disabled persons. Those who fail to reach the prescribed proportion shall fulfill their obligations to ensure the employment of disabled persons in accordance with relevant state regulations. The state encourages employers to arrange employment for disabled people in excess of the prescribed proportion.

Specific measures for the employment of disabled persons shall be formulated by the State Council.

Article 34 The State encourages and supports disabled people to choose their own jobs and start their own businesses.

Article 35 Local people's governments at all levels and rural grass-roots organizations shall organize and support disabled people in rural areas to engage in farming, aquaculture, handicrafts and other forms of productive labor.

Article 36 The state gives preferential tax treatment to the employing units that arrange employment for disabled persons to reach or exceed the prescribed proportion, or arrange employment for disabled persons and disabled persons engaged in self-employment in a centralized manner according to law, and gives support in production, management, technology, capital, materials and venues. The state exempts disabled persons engaged in self-employment from administrative fees.

The local people's governments at or above the county level and their relevant departments shall determine the products and projects suitable for the production and operation of the disabled, give priority to the production or operation of welfare units for the disabled, and determine that some products are exclusively produced by them according to the production characteristics of welfare units for the disabled.

Government procurement, under the same conditions, should give priority to the purchase of products or services of welfare units for the disabled.

Local people's governments at all levels should develop public welfare posts suitable for the employment of disabled people.

The relevant departments shall give priority to the issuance of business licenses to disabled people who apply for self-employment.

For rural disabled people engaged in all kinds of productive labor, relevant departments should give help in production services, technical guidance, agricultural materials supply, purchase and sale of agricultural and sideline products and credit.

Thirty-seventh public employment service institutions established by relevant government departments shall provide employment services for the disabled free of charge.

The employment service agencies for the disabled organized by the Disabled Persons' Federation shall organize vocational guidance, employment introduction and vocational training free of charge, and provide services and help for the employment of the disabled and the employers to recruit the disabled.

Article 38 The state protects the property ownership and operational autonomy of welfare units for the disabled, and their legitimate rights and interests are inviolable.

Disabled persons shall not be discriminated against in recruitment, employment, promotion, job title evaluation, labor remuneration, living welfare, rest and vacation, social insurance, etc.

The unit where disabled employees work shall provide appropriate working conditions and labor protection according to the characteristics of disabled employees, and transform workplaces, labor equipment and living facilities according to actual needs.

The state takes measures to protect the legitimate rights and interests of blind health care and medical massage personnel.

Article 39 The unit where disabled employees work shall provide on-the-job technical training for disabled employees to improve their labor skills and technical level.

Article 40 No unit or individual may force disabled people to work by means of violence, threat or illegal restriction of personal freedom.

(the State Council Decree No.448) Regulations on Employment of Disabled Persons

Chapter I General Provisions

Article 1 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 in order to promote the employment of disabled persons and protect their labor rights.

Article 2 The State adopts the policy of combining centralized employment with decentralized employment in the employment of disabled persons, so as to promote the employment of disabled persons.

The people's governments at or above the county level shall incorporate the employment of the disabled into the national economic and social development plan, formulate preferential policies and specific support and protection measures, and create conditions for the employment of the disabled.

Article 3 State organs, organizations, enterprises, institutions and private non-enterprise units (hereinafter referred to as employing units) shall fulfill their responsibilities and obligations to support the employment of disabled persons in accordance with the provisions of relevant laws, these Regulations and other relevant administrative regulations.

Article 4 The State encourages social organizations and individuals to help and support the employment of disabled people through various channels and forms, and encourages disabled people to achieve employment through various forms such as job hunting. Discrimination against disabled people in employment is prohibited.

Disabled people should improve their own quality and enhance their employability.

Fifth people's governments at all levels should strengthen the overall planning and comprehensive coordination of the employment of disabled people. The departments in charge of disabled people's governments 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 disabled people.

The labor and social security, civil affairs and other relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, do a good job in the employment of disabled people.