(Decree No. 182 of the People s Government of Jiangxi Province Dated April 16, 2010)
The Measures for the Employment of the Disabled Persons of Jiangxi Province, adopted at the 33rd Executive Meeting of the People s Government of Jiangxi Province on March 30, 2010, are hereby promulgated and shall come into effect as of June 1, 2010.
Governor: Wu Xinxiong
Article 1 With a view to promoting the employment of disabled persons and protecting their working rights, these measures are formulated in accordance with the Law of the People s Republic of China on the Protection of Disabled Persons, Regulations on the Employment of the Disabled of the State Council, Measures for the Implementation of the Law of the People s Republic of China on the Protection of Disabled Persons in Jiangxi Province, and other relevant laws and regulations, and with the realities of the Province taken into consideration.
Article 2 State organs, nongovernmental organizations, enterprises, institutions and private non-profit organizations within the administrative region of this Province (hereinafter referred to as employing units) shall fulfill their responsibilities and obligations of supporting the employment of disabled persons in accordance with laws, regulations and provisions of these Measures.
Article 3 People s governments at or above county level shall incorporate employment for disabled persons into plans for economic and social development of their respective administrative regions, and formulate preferential policies and concrete measures of support and protection, in order to create conditions for their employment.
Article 4 Social organizations and individuals shall be encouraged to help and support disabled persons to obtain employment through multiple channels and various forms, and disabled persons shall be encouraged to obtain employment by themselves through various forms such as job interview. No discrimination shall be practiced against disabled persons in their employment.
Disabled persons shall improve their own competence to increase employment capacity, and observe working disciplines of the employing units and professional ethics.
Article 5 Governmental organs in charge of works for disabled persons at or above county level shall hold responsibilities of organizing, coordinating, guiding and supervising works carried out by relevant organs for employment of disabled persons.
Relevant departments of human resource and social security, civil affairs, finance, tax, administrative authorities for industry and commerce, and judicial departments in people s governments at or above county level shall make great efforts to do their work for the employment of disabled persons within their scope of duty and responsibility.
Article 6 Disabled Persons Federations at all levels shall be responsible for concrete implementation and supervision of employment for disabled persons in accordance with laws and regulations, or tasks entrusted by the governments. Employment service institutions for disabled persons affiliated to Disabled Persons Federations at all levels are specialized institutions assisting governments and relevant departments to provide the disabled persons with integrated services such as job guidance, job recommendation and job training.
Trade Unions, Socialist Youth Leagues and Women s Federations shall work hard for the employment of disabled persons within their scope of work.
Article 7 Employing units shall employ disabled persons in the proportion of 1.5% of the overall employees in appropriate types of jobs and posts. Employing units shall be encouraged to over fulfill their obligation to employ more persons with disabilities and those who have achieved that shall be awarded properly.
Disabled employees recruited by employing units outside their respective regions shall be counted into the target number of disabled employees. The number of employing one blind person or one severe physical disabled person shall be counted as two. The disabled, who are retired, resigned or off the job shall not be counted into the target number of disabled employees.
Article 8 Employing units shall be encouraged and supported to set up welfare enterprises for disabled persons, blind massage institutions, occupational (farming) therapy institutions, supportive workshops, and other welfare units for the purpose of providing concentrative employment for disabled persons.
The service industry with massage business and medical institutes with massage rooms shall give priority to blind persons who have the qualification of massage licenses.
Article 9 Employing units shall employ disabled persons actively. No restrictive conditions of discrimination shall be practiced against disabled persons in recruitment, except special posts. The disabled who conform to the criteria of medical examination of civil servants recruitment or institutions recruitment, and who have the ability to perform duties in work, shall share the same treatment as others.
Article 10 Employing units shall, according to regulations, buy various social insurances such as endowment insurance, medical insurance, unemployed insurance, industrial injury insurance, maternity insurance for disabled employees, and shall provide them with working conditions and labor protection suitable for their physical conditions and make renovations where necessary on work places, work equipments and life facilities in light of their actual needs. No discrimination shall be practiced against disabled persons in promotion, determining technical or professional titles, payment, labor insurance, welfare or in other aspects.
Article 11 People s governments at or above county level shall adopt measures to support and create public welfare jobs suitable for persons with disabilities, put the disabled who are hard to be employed into the range of unemployed persons and provide them with prior employment aid.
With respect to public welfare posts in bookstores for farmers, units of urban environment sanitation, units of garden planting, public parking lots, newspaper and periodical stands, and community service centers invested, supported or developed by people s governments at or above county levels, priority shall be given to employing disabled persons.
Article 12 Local people s governments at or 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 bought as a priority during government procurement.
Article 13 Disabled persons shall be encouraged and assisted to obtain employment independently and establish their own business. Relevant administrative authorities for industry and commerce, tax, and public health shall issue relevant licenses preferentially and exempt administrative fees for those disabled persons who establish individual business. Departments of urban management shall give them preferential treatment in places of business and stands. Water supply and electricity supply enterprises shall provide them with preferential fees of water and electricity. Government guarantee institutions and financial institutions shall give priority to provide guarantee and loans for those eligible disabled persons who apply for small secured loans.
Article 14 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, financial institutions and rural grassroots organizations 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.
Article 15 People s governments at or above county level and departments concerned shall see the rural poor disabled persons as the major targets to support, strengthen the construction of bases for poverty alleviation of the disabled persons, support those bases which are classified as exemplary ones of poverty alleviation of the disabled persons and of a certain scale with preferential policies in light of the leading agricultural enterprises at the same level.
Article 16 Enterprises and employers who have fulfilled or over fulfilled their quota obligations to employ workers with disabilities shall be entitled to implemented preferential tax treatment according to law.
With respect to those unemployed disabled workers who satisfy the condition of recruitment, human resource departments, society security departments, departments of finance and Disabled Person s Federation shall give them social insurance subsidies in accordance with the regulations.
Article 17 Employing units which fail to meet the target proportion of employing disabled persons shall pay employment security fund for disabled persons in accordance with the actual balance of numbers and one hundred percent of the average annual salary of urban employees in the region of the preceding year.
Article 18 Employment security fund for disabled persons shall be collected in accordance with the following regulations:
(1)State organs having financial allocation, nongovernmental organizations, institutions shall be collected by Disabled Persons Federation. Where the fees are not paid, or the fees are not paid in full, Disabled Persons Federation shall press for payment. Where the fees are still not paid or not paid in full after pressing, financial departments shall suspend the approval of their expenses plan or deduct fees, according to the situations and data provided by Disabled Persons Federations for financial departments at the same level.
(2)Enterprises and economic organizations shall be collected by tax departments at the same level entrusted by Disabled Persons Federations.
(3)Institutions, private non-profit organizations and other organizations with self-controlled revenue and expenditure shall be collected by Disabled Persons Federations.
(4)The Provincial Disabled Persons Federation shall collect employment security fund for disabled persons of employment units in Gan (the short name of Jiangxi Province) from central organizations and the provincial employment units; Disabled Persons Federations of city level with districts shall collect employment security fund for disabled persons of municipal employment units; Disabled Persons Federations of town ( city or district) level shall collect employment security fund for disabled persons of employment units exclusive of the above ones. Higher leading Disabled Persons Federations can entrust the Disabled Persons Federations at a lower level to collect.
Article 19 State organs, nongovernmental organizations, institutions and private non-profit organizations which are cash-trapped, make a serious loss and have difficulty in paying employment security fund for disabled persons, may apply to financial departments or Disabled Persons Federation for postponement, reduction or exemption according to the financial settlement or final statement of the preceding year authorized by financial departments or tax departments. The foregoing organizations shall get postponement, reduction or exemption subject to approval of financial departments or Disabled Persons Federation. Where the said approval is not obtained, the foregoing organizations shall make a timely and sufficient payment for Employment security fund for disabled persons.
After the economic conditions of the employment units approved to postpone are getting better, the said units shall make a timely and sufficient payment they owed for employment security fund for disabled persons.
Article 20 Employment security fund for disabled persons to be collected according to law shall be incorporated into fiscal budget and utilized for the following expenditure:
(1)employment training for disabled persons;
(2)supporting disabled persons to obtain collective employment and engaging in individual operation to be repaid;
(3)other expenditure used for disabled persons employment, with the approval by financial departments at the corresponding levels.
Employment security fund for disabled persons shall be used in the light of its specified usage. No organization or individual shall graft, embezzle, detain or allocate the fund.
Article 21 Financial departments and Disabled Persons Federations shall establish and improve management system of employment security fund for disabled persons and strengthen income/expenditure management, and report the levy and use of employment security fund for disabled persons to the people s government at the same level once a year and publish them regularly to the society.
Financial departments and auditing organs shall strengthen their efforts to supervise the use of employment security fund for disabled persons in accordance with law.
Article 22 Employment service institutions for persons with disabilities affiliated to Disabled Persons Federations shall provide the following free service for disabled persons:
(1)release job information for disabled persons;
(2)organize vocational training for disabled persons;
(3)provide vocational psychological consultation, vocational adaptation assessment, vocational rehabilitation exercise, job-seeking orientation guidance, job recommendation and other services for disabled persons;
(4)carry out guidance work on the blind massage management and service;
(5)guide and support mentally disabled, intellectually disabled and severely physically disabled persons to be employed with assistance;
(6)provide necessary assistance to disabled persons who obtain employment independently;
(7)provide necessary support to employing units which arrange employment for disabled persons.
Public employment service institutions shall set up service counters and service programs to provide free employment service and aid. Other employment institutions shall be encouraged to provide free employment service for disabled persons.
Article 23 Entrusted by departments of human resource and social security, employment service institutions for persons with disabilities shall register unemployed disabled persons, conduct statistics of employment situation of disabled persons, and keep public employment service institutions affiliated to departments of human resource and social security at the same level informed of regular relevant conditions.
Departments of human resource and social security, statistical, administrative authorities for industry and commerce shall provide help for employment service institutions for persons with disabilities to conduct statistics of disabled labors and register unemployed disabled persons according to their own duties and responsibilities.
The information network of human resource market shall include information of disabled employment to realize resource sharing.
Article 24 Disabled Persons Federations and departments of human resource and social security shall organize regular vocational capacity competition and establish and improve a system of commendation and reward for outstanding skilled talents.
Institutions of vocational skill appraisement shall be encouraged to provide convenience and favorable conditions for disabled persons.
Disabled persons who take part in vocational skill appraisement and get professional qualification certificates shall be given a lump sum subsidy of vocational skill appraisement in accordance with relevant regulations.
Article 25 Departments of human resource and social security shall strengthen labour supervision of disabled employment and guarantee the legitimate rights and interests of the disabled persons according to law.
In the event of a labor dispute between employing units and disabled employees, local legal aid organs shall offer legal aid to disabled employees, and Disabled Persons Federations at all levels shall render support and assistance.
Article 26 Where Disabled Persons Federations, affiliated employment service institutions, relevant government departments and staff thereof commit any of the following acts, they shall be punished, and they shall be investigated for criminal responsibilities according to law if a crime is constituted:
(1)violate of approval of the regulations in reducing employment security fund
(2)graft, embezzle, detain or allocate employment security fund for disabled persons
(3)extort or accept money and goods, taking advantage of one s position and power;
(4)other acts of abusing their power, neglecting their duties or engaging in malpractices for personal gains.
Article 27 In violation of these Measures, any employing unit which fails to pay employment security fund for disabled persons shall be given warning by financial departments and pay the said fund within a prescribed period; in addition to the original fund due to pay, the employing unit shall pay overdue fee with a daily rate of 5 , if the employing unit fails to pay within the prescribed period.
Article 28 In violation of these Measures, any employing unit which provides fake statistics of disabled employees and defrauds preferential taxation treatment offered to employing units with concentrative employment of disabled persons shall be handled by taxation departments according to law.
Article 29 The measures shall come into effect as of June 1, 2010. Measures for the Employment of the Disabled Persons in Proportion of Jiangxi Province promulgated by the People s Government of Jiangxi Province on November 12th, 1997 (Decree No.58 of the People Government of Jiangxi Province ) shall be annulled simultaneously.
