What are the precautions for enterprises to recruit disabled people?

Chapter I General Principles

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.

Article 6 China Disabled Persons' Federation and its local organizations shall be responsible for the specific organization, implementation and supervision of the employment of disabled persons according to laws, regulations or government entrustment.

Trade unions, communist youth leagues and women's federations shall, within their respective scope of work, do a good job in the employment of disabled people.

Seventh people's governments at all levels shall commend and reward the units and individuals that have made remarkable achievements in the employment of the disabled.

Chapter II Employer's Responsibility

Article 8 The employing unit shall arrange employment for the disabled according to a certain proportion and provide them with appropriate jobs and posts.

The employment ratio of the disabled arranged by the employing unit shall not be less than 1.5% of the total number of employees in the unit. The specific proportion shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the actual situation in the region.

If an employer recruits disabled people across regions, it shall be included in the number of employees with disabilities arranged.

Article 9 If the employing unit fails to reach the proportion stipulated by the local people's governments of provinces, autonomous regions and municipalities directly under the Central Government, it shall pay the employment security fund for the disabled.

Article 10 Welfare enterprises for the disabled, massage institutions for the blind and other welfare units established by the government and society according to law (hereinafter collectively referred to as employers who use the disabled intensively) shall centrally arrange employment for the disabled.

The qualification determination of the employing units that concentrate on using disabled persons shall be carried out in accordance with the relevant provisions of the state.

Article 11 Disabled employees who are engaged in full-time work in an employing unit that uses disabled people intensively shall account for more than 25% of the total number of employees in this unit.

Article 12 The employing unit shall sign labor contracts or service agreements with disabled employees according to law.

Article 13 The employing unit shall provide suitable working conditions and labor protection for disabled employees, and shall not discriminate against disabled employees in terms of promotion, promotion, evaluation of professional titles, remuneration, social insurance and welfare.

Article 14 The employing unit shall, according to the actual situation of the disabled employees in the unit, conduct induction, job transfer and job transfer training for the disabled employees.

Chapter III Safeguard Measures

Fifteenth people's governments at or above the county level shall take measures to broaden the employment channels for the disabled, develop public welfare posts suitable for the employment of the disabled, and ensure the employment of the disabled.

Local people's governments at or above the county level shall give priority to the employment of disabled people when developing community service undertakings.

Article 16 The employment security fund for the disabled collected according to law shall be included in the financial budget and used exclusively for vocational training, employment services and employment assistance for the disabled. No organization or individual may embezzle, misappropriate, intercept or privately divide. The specific measures for the collection, use and management of the employment security fund for the disabled shall be formulated by the financial department of the State Council in conjunction with the relevant departments of the State Council.

The financial department and the auditing organ shall strengthen the supervision and inspection of the use of the employment security fund for the disabled according to law.

Article 17 The state shall give tax incentives to employers who intensively use disabled persons according to law, and give support in production, operation, technology, capital, materials and site use.

Article 18 Local people's governments at or above the county level and their relevant departments shall determine products and projects suitable for the production and operation of disabled persons, give priority to the production and operation of employers who use disabled persons intensively, and determine that certain products are exclusively produced by them according to the production characteristics of employers who use disabled persons intensively.

In government procurement, under the same conditions, priority should be given to the products or services of employers that intensively use disabled people.

Article 19 The State encourages and supports disabled people to choose their own jobs and start businesses. Persons with disabilities who are engaged in self-employment shall be given tax concessions in accordance with the law, and the relevant departments shall take care of them in business premises and other aspects, and shall be exempted from administrative fees such as management, registration and license according to regulations.

The state provides micro-credit and other support for disabled people to choose their own jobs and start their own businesses within a certain period of time.

Article 20 Local people's governments at various levels shall raise funds in various ways to organize and support disabled people in rural areas to engage in farming, aquaculture, handicrafts and other forms of productive labor.

The relevant departments shall give assistance to rural disabled people engaged in agricultural production and labor in terms of production services, technical guidance, supply of agricultural materials, purchase of agricultural and sideline products and credit.

Chapter IV Employment Services

Twenty-first people's governments at all levels and relevant departments should provide targeted employment assistance services for disabled people with employment difficulties, encourage and support vocational training institutions to provide vocational training for disabled people, and regularly organize vocational skills competitions for disabled people.

Twenty-second China Disabled Persons' Federation and its local organizations' employment service agencies for the disabled shall provide the following services for the employment of the disabled free of charge:

(a) release the employment information of the disabled;

(2) Organizing vocational training for the disabled;

(three) to provide professional psychological counseling, professional adaptability assessment, vocational rehabilitation training, job orientation guidance, career introduction and other services. Serving the disabled;

(four) to provide necessary help for the disabled to choose their own jobs;

(five) to provide necessary support for the employer to arrange employment for the disabled.

The state encourages other employment service agencies to provide free services for the employment of disabled people.

Twenty-third commissioned by the labor and social security departments, employment service agencies for the disabled can carry out unemployment registration, employment and unemployment statistics for the disabled; With the approval of the local labor and social security departments, employment service agencies for the disabled can also carry out vocational skills appraisal for the disabled.

Twenty-fourth disabled workers and employers in the event of a dispute, the local legal aid institutions shall provide legal aid, and disabled persons' federations at all levels shall give support and help.

Chapter V Legal Liability

Twenty-fifth in violation of the provisions of this Ordinance, the relevant administrative departments and their staff abuse their powers, neglect their duties, engage in malpractices for selfish ends, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished according to law.

Twenty-sixth in violation of the provisions of this Ordinance, corruption, misappropriation, interception, dividing the disabled employment security fund, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, the relevant responsible units, the directly responsible person in charge and other directly responsible personnel shall be punished or punished according to law.

Twenty-seventh in violation of the provisions of this Ordinance, the employer fails to pay the disabled employment security fund in accordance with the provisions, given a warning by the financial sector, ordered to pay within a time limit; Fails to pay, in addition to pay unpaid money, from the date of default, a daily surcharge of 5‰.

Article 28 In violation of the provisions of these Regulations, the employing units resort to deceit, falsely report the number of persons with disabilities employed, and defraud the centralized use of preferential tax treatment for persons with disabilities, which shall be dealt with by the tax authorities according to law.

Chapter VI Supplementary Provisions

Article 29 The term "employment of disabled persons" as mentioned in these Regulations refers to the paid work of disabled persons who have reached the legal employment age and have employment needs.

Thirtieth these Regulations shall come into force as of May 6, 2007+0.