Decree of the People’s Government of Jiangsu Province   No. 31 Decision of the People’s Government of Jiangsu Province on Amending the Measures of Jiangsu Province for the Proportional Employment Arrangement for Disabled Persons, discussed and adopted at the Seventy-first Executive Meeting of the Provincial People’s Government on July 26, 2006, is hereby promulgated and shall enter into effect as of the date of promulgation.   　  　                                  Governor: Liang Baohua 　                                            August 9，2006 　　  Decision of the People’s Government of Jiangsu Province on Amending the Measures of Jiangsu Province for the Proportional Employment Arrangement for Disabled Persons The People’s Government of Jiangsu Province decides to make the following revisions of the Measures of Jiangsu Province for the Proportional Employment Arrangement for Disabled Persons:     1. The first paragraph of Article 2 is revised as follows: “Any jobless disabled person who, with permanent residence registered in this Province, reaches the legal employment age, has self-caring ability and certain labor capability, and demands employment voluntarily, is the object of the proportional employment arrangement as described in these Measures.”   The second paragraph is deleted.     2. “The Coordination Committee for the Affairs of Disabled Persons” in the first paragraph of Article 3 is revised into “the Committee for the Affairs of Disabled Persons”.   The second paragraph is revised as follows: “The disabled persons’ federation at or above the county level, as entrusted by the people’s government at the corresponding level, is responsible for the work of proportional employment arrangement for disabled persons and the employment service agency for disabled persons under the federation is responsible for specific operation of the work.”  The third paragraph is revised as follows: “Departments such as labor and social security, civil affairs, finance, taxation, industrial and commercial administration, personnel, health and statistics shall, in accordance with their respective functions and division of responsibilities, cooperate closely and make joint efforts to do well the work of employment for disabled persons.”     3. The second paragraph of Article 4 is revised as follows: “The government organs, organizations, enterprises, institutions, and other urban and rural economic organizations in the administrative region of this Province shall arrange employment for disabled persons in a proportion of not less than 1.5% of the total number of employees as counted at the end of the previous year in each unit.”     4. Article 5 is revised as follows: “Each unit may recruit/employ unemployed disabled persons recommended by employment service agencies for disabled persons or recruit/employ disabled persons from the society independently.   Employment service agencies for disabled persons at various levels shall, according to the need of the labor market, organize vocational skills training for unemployed disabled persons. The disabled persons newly recommended for employment shall be competent for their work posts or be able to achieve such competence after training.”     5. The second paragraph of Article 8 is revised as follows: “The criteria for disability assessment shall comply with the Practical Criteria for Assessment of Disability of Disabled Persons in China.”     6. The third paragraph of Article 9 is revised as follows: “Those who are assessed as disabled employees as a result of work injuries or occupational diseases and conform to the national criteria for disabled persons shall be included into the total number of disabled employees in a unit.”     7. Article 10 is revised as follows: “All units shall, before March 31 of each year, have their employment of disabled persons in the previous year examined and identified by the employment service agencies for disabled persons at the same level, and submit relevant information of disabled employees in written form.”     8. The first paragraph of Article 11 is revised as follows: “The units that fail to reach the required proportion in their employment of disabled persons shall pay the employment guarantee fund for disabled persons annually. The collection and payment of the fund shall be uniformly conducted by the local taxation organs, and the specific time for the collection and payment shall be decided by the local taxation organs at various levels.”   One paragraph is added as the second paragraph of the Article: “If a unit shall employ less than 1 disabled person calculated according to the required proportion, the unit may employ 1 disabled person or pay the employment guarantee fund for disabled persons.”   The second paragraph is changed to be the third paragraph of the Article, and is revised as follows: “The formula for calculating the employment guarantee fund for disabled persons is: (total number of employees in a unit at the end of the previous year × required employment proportion for disabled persons - number of disabled persons already employed by the unit) × average salary of employees in the region in the previous year as announced by the department of statistics × collecting proportion = amount of the fund that shall be paid.”     9. The first paragraph of Article 12 is revised as follows: “The employment guarantee fund for disabled persons to be paid by enterprises and other urban and rural economic organizations shall be included as expenditure in the administrative expenditure.”   The second paragraph is revised as follows: “The employment guarantee fund for disabled persons to be paid by government organs, organizations, and institutions shall be disbursed through proper adjustment of the departmental budgets of these units.”     10. Article 13 is revised as follows: “If the fund-paying units that suffer natural disasters or are severely insolvent and in the process of bankruptcy liquidation need to postpone, reduce or exempt themselves from such payment, they shall report for approval by the financial department jointly with disabled persons’ federation and local taxation organ according to the provisions.”     11. “Notice for Delivery of the employment guarantee fund for disabled persons” in the first paragraph of Article 14 is revised into “Notice for Payment of the employment guarantee fund for disabled persons”.  The second paragraph of Article 14 is revised as follows: “The bills uniformly printed by the provincial financial department shall be used in the collection of the employment guarantee fund for disabled persons.”     12. Article 16 is revised as follows: “The employment guarantee fund for disabled persons shall be managed and used in accordance with the Interim Provisions on the Administration of the Employment Guarantee Fund for Disabled Persons formulated by the Ministry of Finance, and the fund is mainly intended for supporting collective employment and self-employment of disabled persons, subsidizing vocational training of disabled persons and social guarantee expenses of disabled persons in difficulty, providing proper amount of allowances for intermediary agencies which offer free employment service to disabled persons, supporting the establishment of arrangement institutions such as factories that shelter persons with disabilities of medium or severe level, and rewarding those units which employ disabled persons at a proportion higher than the required one and those which make excellent achievement in arranging employment for disabled persons. No department may transfer or use the fund for other purposes.”     13. Article 17 and Article 18 are combined as Article 17, which is revised as follows: “The employment guarantee fund for disabled persons is a governmental fund and shall be turned over to the national treasury and incorporated in financial budget management. Employment service agencies at various levels are in specific charge of the use and the management of the fund at the corresponding level and are under the leadership of the disabled persons’ federations at the same level. Specific measures shall be separately formulated by the provincial department of finance jointly with the provincial local taxation organ and the Provincial Disabled Persons’ Federation.   Departments of finance and audit shall strengthen their supervision and audit on the management and use of the employment guarantee fund for disabled persons.”     14. Four articles are added as Article 18, Article 19, Article 20 and Article 21:   Article 18　 5% of the total amount of the employment guarantee fund for disabled persons collected by the city or county (city, district) shall be turned over by the financial department at the same level to the provincial treasury to establish the provincial employment adjustment fund for disabled persons, and the specific measures on the management and use of the fund shall be formulated jointly by the provincial department of finance and the Provincial Disabled Persons’ Federation.   Article 19　The disabled persons’ federation at or above the county level is responsible for the examination of the proportion of disabled employees and the payment of the employment guarantee fund for disabled persons in each unit, and shall cooperate with the department of labor and social security at the same level to incorporate the labor rights of disabled employees into the scope of labor inspection according to law and strengthen the supervision.   Article 20　Any unit that reports falsely, conceals, delays reporting, or refuse to report the information about their employment of disabled persons, shall be criticized in a circular and ordered to make rectification within a prescribed period of time by the disabled persons’ federation at or above the county level. Units that, in violation of the provisions in Article 10 of these Measures, fail to apply for the examination of the employment of disabled persons within a prescribed period of time, shall be levied upon the employment guarantee fund for disabled persons as if they employed no disabled persons. Where units fail to employ the required proportion of disabled persons according to these Measures and refuse to pay the full amount of the employment guarantee fund for disabled persons, the disabled persons’ federation at or above the county level shall apply to a people’s court for compulsory execution.   Article 21　Where staff members of disabled persons’ federations at various levels, their employment service agencies for disabled persons and the relevant government departments neglect their duties, conduct malpractice for personal gains, resort to fraudulent activities or abuse their power in their work of employment of disabled persons, or transfer, misappropriate or embezzle the employment guarantee fund for disabled persons, they shall be given administrative sanctions by their units or by the administrative organs at higher levels; where there is economic loss, compensations shall be made according to law; where a crime is constituted, criminal liability shall be investigated according to law.”     15. Article 19 is changed to be Article 22, and is revised as follows: “People’s governments at the city and county levels shall commend and award the units that have made outstanding achievements in the employment of disabled persons.”  The sequence of articles is adjusted correspondingly.     The Decision shall come into effect as of the date of promulgation.

 

The Measures of Jiangsu Province for the Proportional Employment Arrangement for Disabled Persons (Adopted at the Seventy-fourth Executive Meeting of the Provincial People’s Government on August 1, 1996, and amended in accordance with the Decision on Amending the Measures of Jiangsu Province for the Proportional Employment Arrangement for Disabled Persons adopted at the Seventy-first Executive Meeting of the Jiangsu Provincial People’s Government on July 26, 2006)   Article 1 These Measures are formulated in accordance with the relevant provisions in the Labor Law of the Peoples Republic of China, the Law of the Peoples Republic Of China on the Protection Of Disabled Persons, and the Measures of Jiangsu Province for the Implementation of the Law of the Peoples Republic Of China on the Protection Of Disabled Persons, and for the purpose of protecting the labor rights of disabled persons.   Article 2 Any jobless disabled person who, with permanent residence registered in this Province, reaches the legal employment age, has the self-caring ability and certain labor capability, and demands employment voluntarily, is the object of the proportional employment arrangement as described in these Measures. The state advocates, supports and encourages disabled persons to engage in individual business activities, and implements policies of tax reduction and exemption. The departments concerned shall give priority to disabled persons in verifying and issuing business licenses and give them preferential treatment such as allotting work sites and loans.   Article 3 The Committee for the Affairs of Disabled Persons of the people’s government at or above the county level is responsible for coordinating employment affairs of disabled persons. The disabled persons’ federation at or above the county level, as entrusted by the people’s government at the corresponding level, is responsible for the work of proportional employment arrangement for disabled persons and the employment service agency for disabled persons under the federation is responsible for specific operation of the work. Departments such as labor and social security, civil affairs, finance, taxation, industrial and commercial administration, personnel, health and statistics shall, in accordance with their respective functions and division of responsibilities, cooperate closely and make joint efforts to do well the work of employment for disabled persons.   Article 4 The people’s governments at all levels shall protect the labor rights of disabled persons and promote the employment of disabled persons in each unit. The government organs, organizations, enterprises, institutions, and other urban and rural economic organizations in the administrative region of this Province shall arrange employment for disabled persons in a proportion of not less than 1.5% of the total number of employees as counted at the end of the previous year in each unit.   Article 5 Each units may recruit/employ unemployed disabled persons recommended by employment service agencies for disabled persons or recruit/employ disabled persons from the society independently. Employment service agencies for disabled persons at various levels shall, according to the need of the labor market, organize vocational skills training for unemployed disabled persons. The disabled persons newly recommended for employment shall be competent for their work posts or be able to achieve such competence after training.   Article 6 Where units arrange employment for disabled persons, they shall carry out the employment procedures in accordance with the provisions and conclude labor contracts according to law.   Article 7 The units shall arrange suitable types of work and posts for disabled employees in accordance with their disability degrees; the units shall strengthen the training of vocational skills for the disabled employees and improve their work skills and level.   Article 8 Disability Assessment Committee of the city or county (city, district) is responsible for the assessment of disability of local disabled persons and the issuance of disabled person’s certificates. The criteria for disability assessment shall comply with the Practical Criteria for Assessment of Disability of Disabled Persons in China. Disabled persons that have been confirmed and issued with the disabled person’s certificate by the Disability Assessment Committee shall be counted in the total number of disabled persons employed in a unit.   Article 9 Disabled persons who are employed in welfare enterprises or enterprises of employment service invested and established by a unit may be counted in the total number of employed disabled persons of the unit. Wounded or disabled servicemen who hold wounded or disabled servicemen’ certificates may be counted in the total number of disabled persons employed in their units. Those who are assessed as disabled employees as a result of work injuries or occupational diseases and conform to the national criteria for disabled persons shall be included into the total number of disabled employees in a unit. Employment of 1 Class I blind person or1 person with severe limb disability may be counted as employment of 2 disabled persons. Disabled employees shall not be nominally employed in one or more units and shall not be counted repeatedly in the total number of the disabled employees.   Article 10 All units shall, before March 31 of each year, have their employment of disabled persons in the previous year examined and identified by the employment service agencies for disabled persons at the same level, and submit relevant information of disabled employees in written form.   Article 11 The units that fail to reach the required proportion in their employment of disabled persons shall pay the employment guarantee fund for disabled persons annually. The collection and payment of the fund shall be uniformly conducted by the local taxation organs and the specific time for the collection and payment shall be decided by the local taxation organs at various levels. If a unit shall employ less than 1 disabled person as calculated according to the required proportion, the unit may employ 1 disabled person or pay the employment guarantee fund or disabled persons. The formula for calculating the employment guarantee fund for the Disabled Persons is: (total number of employees in a unit at the end of the previous year × required employment proportion for disabled persons - number of the disabled persons already employed by the unit) × average salary of employees in the region in the previous year as announced by the department of statistics ×collecting proportion = amount of the fund that shall be paid.   Article 12 The employment guarantee fund for Disabled Persons to be paid by enterprises and other urban and rural economic organizations shall be included as expenditure in the administrative expenditure. The employment guarantee fund for Disabled Persons to be paid by government organs, organizations, and institutions shall be disbursed through proper adjustment of the departmental budgets of these units.   Article 13 If the fund-paying units that suffer natural disasters or are severely insolvent and in the process of bankruptcy liquidation need to postpone, reduce or exempt themselves from such payment, they shall report for approval by the financial department jointly with disabled persons’ federation and local taxation organ according to the provisions.   Article 14 Employment service agencies for disabled persons at various levels shall issue the notice for delivery of the employment guarantee fund for disabled persons according to the shortage in the number of disabled employees in the unit and the criteria for the payment of employment guarantee fund for disabled persons. The bills uniformly printed by the provincial financial department shall be used in the collection of the employment guarantee fund for disabled persons.   Article 15 The units that fail to employ the required proportion of disabled persons shall, within 20 days after receiving the notice for delivery of the employment guarantee fund for disabled persons, pay the employment guarantee fund for disabled persons in full amount as required. For those that delay the payment or fail to pay the full amount, in addition to making up the payment of the fund within a prescribed period of time, a surcharge on a daily basis at a rate of 5% of the amount of the fund in arrears shall be imposed.   Article 16 The employment guarantee fund for disabled persons shall be managed and used in accordance with the Interim Provisions on the Administration of the Employment Guarantee Fund for Disabled Persons formulated by the Ministry of Finance, and the Fund is mainly intended for supporting collective employment and self-employment of disabled persons, subsidizing vocational training of disabled persons and social guarantee expenses of disabled persons in difficulty, providing proper amount of allowances for intermediary agencies which offer free employment service to disabled persons, supporting the establishment of arrangement institutions such as factories that shelter persons with disabilities of medium or severe level, and rewarding those units which employ disabled persons at a proportion higher than the required and those which make excellent achievement in arranging employment for disabled persons. No department may transfer or use the fund for other purposes.   Article 17 The Employment guarantee fund for disabled persons is a governmental fund and shall be turned over to the national treasury and incorporated in financial budget management. Employment service agencies at various levels are in specific charge of the use and the management of the fund at the corresponding level and are under the leadership of the disabled persons’ federations at the same level. Specific measures shall be separately formulated by the provincial department of finance jointly with the provincial local taxation organ and the Provincial Disabled Persons’ Federation. Departments of finance and audit shall strengthen their supervision and audit on the management and use of the employment guarantee fund for disabled persons.   Article 18　 5% of the total amount of the employment guarantee fund for disabled persons collected by the city or county (city, district) shall be turned over by the financial department at the same level to the provincial treasury to establish the provincial employment adjustment fund for disabled persons, and the specific measures on the management and use of the fund shall be formulated jointly by the provincial department of finance and the Provincial Disabled Persons’ Federation).   Article 19　The disabled persons’ federation at or above the county level is responsible for the examination of the proportion of disabled employees and the payment of the employment guarantee fund for disabled persons in each unit, and shall cooperate with the department of labor and social security at the same level to incorporate the labor rights of disabled employees into the scope of labor inspection according to law and strengthen the supervision. Article 20　Any unit that reports falsely, conceals, delays reporting, or refuse to report the information about their employment of disabled persons, shall be criticized in a circular and ordered to make rectification within a prescribed period of time by the disabled persons’ federation at or above the county level. Units that, in violation of the provisions in Article 10 of these Measures, fail to apply for the examination of the employment of disabled persons within a prescribed period of time, shall be levied upon the employment guarantee fund for disabled persons as if they employed no disabled persons. Where units fail to employ the required proportion of disabled persons according to these Measures and refuse to pay the full amount of the employment guarantee fund for disabled persons, the disabled persons’ federation at or above the county level shall apply to a people’s court for compulsory execution. Article 21　Where staff members of disabled persons’ federations at various levels, their employment service agencies for disabled persons and the relevant government departments neglect their duties, conduct malpractice for personal gains, resort to fraudulent activities or abuse their power in their work of employment of disabled persons, or transfer, misappropriate or embezzle the employment guarantee fund for disabled persons, they shall be given administrative sanctions by their units or by the administrative organs at higher levels; where there is economic loss, compensations shall be made according to law; where a crime is constituted, criminal liability shall be investigated according to law.” Article 22  People’s governments at the city and county levels shall commend and award the units that have made outstanding achievements in the employment of disabled persons.