Provisions of Hubei Province on Employment of Disabled Persons

Chapter I General Provisions Article 1 These Provisions are formulated in accordance with the Law of the People's Republic of China on the Protection of Disabled Persons, the Regulations on the Employment of Disabled Persons, the Measures of Hubei Province for Implementing the Law of the People's Republic of China on the Protection of Disabled Persons and other laws and regulations, combined with the actual situation of this province. Article 2 Organs, organizations, enterprises, institutions and private non-enterprise units (hereinafter referred to as employing units) within the administrative region of this province shall fulfill their obligations of supporting the employment of disabled persons in accordance with relevant laws, regulations and these Provisions. Article 3 The local people's governments at or above the county level shall incorporate the employment of the disabled into the local national economic and social development plan, adhere to the principle of combining centralized employment with decentralized employment, formulate preferential policies and specific support and protection measures, and promote the employment of the disabled through multiple channels, levels and forms. Article 4 Local people's governments at all levels encourage social organizations and individuals to help and support the employment of disabled people, and encourage employers to arrange employment for disabled people beyond the prescribed proportion.

Disabled people have the right to equal employment, independent employment and equal remuneration according to law. Discrimination against disabled people in employment is prohibited.

Disabled people should actively participate in employment training, improve their own quality and skill level, and enhance their employment and entrepreneurial ability. Fifth local people's governments at all levels should strengthen the overall planning and comprehensive coordination of the employment of disabled people within their respective administrative areas, and create conditions for the employment of disabled people.

The Working Committee for Disabled Persons of the local people's governments at or above the county level shall be responsible for organizing, coordinating, guiding and urging the relevant departments to do a good job in the employment of disabled persons.

The human resources and social security, civil affairs, industry and commerce, taxation and other relevant departments of the local 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.

The local disabled persons' federations at or above the county level shall be responsible for the specific organization, implementation and supervision of the employment of disabled persons. Article 6 Local people's governments at all levels shall commend and reward units and individuals that have made remarkable achievements in the employment of disabled people. Chapter II Responsibility of the Employer Article 7 The employer within the administrative region of this province shall arrange employment for the disabled at a rate of not less than 0.5% of the total number of employees in the unit, and provide appropriate posts and jobs for the disabled employees.

If the employing unit uses disabled persons across administrative regions, it shall be included in the number of employees with disabilities arranged. Article 8 If the employing unit fails to arrange employment for the disabled or fails to reach the prescribed proportion, it shall pay the employment security fund for the disabled on an annual basis. The calculation formula of the employment security fund for the disabled is: the annual employment security fund for the disabled = (the total number of employees in last year × 1.5%- the number of disabled employees in last year) × the average salary of employees in this region in last year.

The employment security fund for the disabled paid by government agencies and institutions with financial subsidies shall be adjusted from the departmental budget of the unit. The employment security fund for the disabled paid by enterprises, private non-enterprise units, enterprise-managed institutions and other economic organizations shall be charged from the management expenses. Article 9 Welfare enterprises for the disabled, massage institutions for the blind, occupational therapy institutions and other welfare units established by local people's governments at all levels and social forces according to law (hereinafter referred to as employers who use the disabled intensively) shall make centralized arrangements for the employment of the disabled.

The qualifications of employers who use disabled persons intensively shall be determined in accordance with the provisions of the state and the province. Article 10 The employing unit shall sign a labor contract or service agreement with the disabled according to law, and handle social insurance for them.

When the employing unit recruits (hires) disabled persons and terminates or terminates the labor relationship with disabled persons, it shall go through the registration formalities for disabled persons at the local public employment service institution in accordance with the regulations. After the employing unit recruits (hires) personnel, it shall go through the registration formalities within 30 days from the date of recruitment (employment); After the employer terminates or dissolves the labor relationship with the disabled, it shall go through the filing formalities within 15 days from the date of termination or dissolution of the labor relationship. Article 11 An employing unit shall not discriminate against disabled employees in promotion, promotion, job title evaluation, labor remuneration, social insurance and welfare.

The employing unit where disabled employees are located shall provide appropriate working conditions and labor protection according to the characteristics of disabled employees, and transform the workplace, labor equipment and living facilities according to actual needs. Article 12 The employing unit shall, according to the actual situation of the disabled workers in the unit, provide free training for the disabled workers on the job, on the job transfer and on the job transfer. Article 13 The employing unit shall truthfully fill in the Employment Form for Persons with Disabilities arranged by the unit according to the number of employees and persons with disabilities in the unit within the specified time, and submit it to the local employment service agency for the disabled for review, which will be used as the basis for the local employment service agency for the disabled to verify the amount of the disabled security fund that the employing unit should pay. Chapter III Safeguards Article 14 The local people's governments at or above the county level shall strengthen the construction of the employment assistance system for the disabled, and give priority assistance to the employment of the disabled by means of discount loans, social insurance subsidies, post subsidies, etc., and through the arrangement of public welfare posts. Article 15 An employing unit that arranges employment for disabled people to reach or exceed the prescribed proportion or uses disabled people and disabled people to engage in self-employed businesses has the right to enjoy preferential tax policies in accordance with the law, and has the right to receive support in production, business operation, technology, capital, materials and site use. Persons with disabilities engaged in self-employment are exempted from administrative fees.