Domestic (by country)

1. Mainland China

According to the factsheet from the International Labor Organization (ILO), the employment rate of people with disabilities in urban and rural areas rose from less than 50% in 1987 to 80% in 2008. However, challenges remain for persons with disabilities to realize the right to work. They include:

  • Bias and discrimination in the society due to stereotypes of people with disabilities
  • The increasing gap of living condition between disabled persons and others
  • Poverty
  • Lack of opportunities to access to employment, education, vocation training, and social security.
  • Lower education and skills.
  • Low quality of employment including wage levels and conditions of work
  • Shortage in job opportunities
  • Insufficient employment services to assist disabled persons in finding jobs.
  • Underdeveloped social security system, including financial support
  • Weak enforceability of some legislative instruments

The current laws relating to employment include:

• The Regulations on the Employment of Disabled Persons (2007), enacted to encourage social groups and individuals to support the employment of disabled persons through various means, and bans discrimination.

• The  Employment  Promotion  Law  (2007), which contains  an  anti-discrimination  provision  relating  to persons with disabilities.

• The 12th Five Year National Programme on Disability (2011-2015),which has as one of its key aims the creation of 1 million jobs for people with disabilities in the next five years.

• The  Government has also established  a  quota   system  requiring all  public and private  employers  to  reserve  no  less  than  1.5  per  cent  of  job  opportunities  for  persons with disabilities.  Provincial    Authorities  specify  the  exact   quota   level;   this   may   vary   between  provinces.

It is also worth noting that China was also supported by the International Labor Organization as part of their Decent Work Country Programme to help address the needs of those most disadvantaged in the labour market, including disabled persons, and promoting worker rights and fundamental principles and labour rights at work.The last Decent Work Country with China ran from 2013-2015.

The following are relevant legislation and policy in Mainland China concerning the right to employment:

(Adopted at the 17th Meeting of the Standing Committee of the Seventh National People’s Congress on December 28th, 1990, and revised at the 2nd Meeting of the Standing Committee of the Eleventh National People’s Congress on April 24th, 2008)

Chapter 1 General Provisions

Chapter 2 Rehabilitation

Chapter 3 Education

Chapter 4 Employment

Chapter 5 Cultural Life

Chapter 6 Social Security

Chapter 7 Accessible Environment

Chapter 8 Legal Liabilities

Chapter 9 Supplementary Provision

Chapter 1 General Provisions

Article 1 This Law is formulated in accordance with the Constitution for the purposes of safeguarding the lawful rights and interests of persons with disabilities, promoting the work on disability, ensuring the equal and full participation of persons with disabilities in social life and their share of the material and cultural wealth of society.

Article 2 A person with disabilities refers to one who has abnormalities of loss of a certain organ or function, psychologically or physiologically, or in anatomical structure and has lost wholly or in part the ability to perform an activity in the way considered normal.

The term “a person with disabilities” refers to one with visual, or hearing, or speech, or physical, or intellectual, or psychiatric disability, multiple disabilities and/or other disabilities.

The criteria for classification of disabilities shall be established by the State Council.

Article 3 Persons with disabilities shall enjoy equal rights with other citizens in political, economic, cultural and social respects and in family life as well.

The rights and dignity of persons with disabilities as citizens shall be protected by law.

Discrimination on the basis of disability shall be prohibited. Insult of and disservice to persons with disabilities shall be prohibited. Disparagement of and infringement upon the dignity of persons with disabilities by means of mass media or any other means shall be prohibited.

Article 4 The State shall provide persons with disabilities with special assistance by adopting supplementary methods and supportive measures with a view to alleviating or eliminating the impact of their disabilities and external barriers and ensuring the realization of their rights.

Article 5 People’s governments at and above the county level shall incorporate the work on disability into their economic and social development programs under strengthened leadership and with overall coordination, and shall include expenditure on disability programs in budget arrangements with a view to establishing mechanisms of guaranteed resources.

The State Council shall formulate the national program for the development of work on disability, and local governments at and above the county level shall adopt corresponding programs and annual plans for their respective administrative areas with a view to ensuring that the undertakings for persons with disabilities develop in coordination with economic and social progress.

Competent departments of people’s governments at and above the county level shall be designated to mobilize, coordinate and provide guidance for and supervision over relevant institutions in their work concerning persons with disabilities.

People’s governments at all levels and departments concerned shall keep in close contact with persons with disabilities, solicit their opinions and fulfill their responsibilities in the work on disability.

Article 6 The State shall adopt measures to ensure that persons with disabilities, in accordance with the law and in various ways and manners, participate in the management of state affairs, economic and cultural undertakings and social affairs.

Opinions of persons with disabilities and their organizations shall be solicited in the formulation of laws, rules, regulations and public policies involving major issues concerning their rights and interests and the work on disability.

Persons with disabilities and their organizations have the right to put forward opinions and suggestions to state organs at various levels on the protection of the rights and interests and the development of the work on disability.

Article 7 The whole society should display humanitarianism, understand, respect, care for and assist persons with disabilities and support the work on disability.

The State shall encourage social organizations and individuals to offer donation and service to persons with disabilities.

State organs, social groups, enterprises, institutions and self-management organizations in urban and rural communities should perform their respective functions on disability.

State functionaries and other personnel engaged in the work on disability should fulfill their duties in accordance with law and try their best to provide quality services.

Article 8 China Disabled Persons’ Federation (CDPF) and its local organizations shall represent the common interests of persons with disabilities, protect their lawful rights and interests, unite persons with disabilities and enhance education among them and provide service for them.

The CDPF and its local organizations shall conduct work on disability and mobilize social forces in developing the undertakings for persons with disabilities in accordance with laws, regulations and its constitution or as commissioned by the government.

Article 9 Legal fosterers of persons with disabilities must fulfil their duties towards their charges.

Guardians of persons with disabilities must fulfil their duties of guardianship and respect the will and safeguard the lawful rights and interests of their charges.

Family members and guardians of persons with disabilities shall encourage and help persons with disabilities to enhance their capability of self-reliance.

Domestic violence against persons with disabilities shall be prohibited. Maltreatment and abandoning of persons with disabilities shall be prohibited.

Article 10 The State encourages persons with disabilities to have a sense of self-respect, self-confidence, self-strength and self-reliance, and make contribution to socialist development.

Persons with disabilities should abide by laws and regulations, carry out their due obligations, observe public order and respect social ethics.

Article 11 The State shall undertake, in a planned way, disability prevention, strengthen leadership and publicity in this regard, popularise knowledge of maternal and infant health care as well as disability prevention, establish and improve mechanisms for the prevention, early detection and early treatment of birth defects, and mobilize social forces to take measures in dealing with disability-causing factors such as heredity, diseases, medication, accidents, calamity and environmental pollution, to prevent and alleviate disabilities.

The State shall establish a proper census system to conduct survey and analysis on the conditions of persons with disabilities.

Article 12 The State and society shall provide special protection, consolation and favourable treatment to servicemen and veterans with disabilities and persons disabled in the line of duty or in safeguarding the interests of the country and the people.

Article 13 People’s governments at various levels and departments concerned shall commend and award persons with disabilities who have achieved notable accomplishments in socialist development and those organizations or individuals who have done remarkable deeds in safeguarding the lawful rights and interests of persons with disabilities, promoting the work on disability and providing service for them.

Article 14 The third Sunday of May every year shall be designated as the National Day for Supporting Persons with Disabilities.

Chapter 2 Rehabilitation

Article 15 The State shall ensure that persons with disabilities enjoy rights to rehabilitation services.

People’s governments at all levels and departments concerned shall adopt measures to create conditions for rehabilitation of persons with disabilities, establish and improve the service systems and implement prioritised programs by stages to help persons with disabilities regain normal functions or compensate for lost functions, thus enhancing their ability to participate in social life.

Article 16 Realistic and practical rehabilitation programs shall be worked out to combine modern techniques with traditional Chinese techniques, and shall mostly be community–based with professional institutions playing the leading role and families of persons with disabilities as the basis. Emphasis shall be laid on projects which are practical, easily feasible and widely accessible, and high priority shall be given to salvage treatment and rehabilitation for children with disabilities. Science and technology for rehabilitation shall be developed, independent innovation shall be encouraged and efforts shall also be made in the research, exploration and application of new rehabilitation technologies so as to provide more effective service for persons with disabilities.

Article 17 People’s governments at various levels shall encourage and support social forces in building rehabilitation institutions for persons with disabilities.

Local people’s governments at various levels and departments concerned should organize and guide urban and rural community service networks, medical prevention and health care networks, organizations and families of persons with disabilities and other social forces in carrying out community-based rehabilitation programs.

Educational institutions, welfare agencies and other service organizations for persons with disabilities should create conditions for rehabilitation training activities.

Persons with disabilities under guidance from professionals and with help of relevant staff, volunteers and family members, should actively take part in training programs for functional recovery, and for acquiring self-care ability and work skills.

Article 18 Local People’s governments at various levels and relevant departments shall, in accordance with practical need, establish in a planned way medical rehabilitation departments (sections) in hospitals, set up rehabilitation institutions for persons with disabilities, and provide medical rehabilitation services, offer personnel training and technical guidance, and carry out scientific research.

Article 19 Medical colleges and other relevant schools shall, in a planned way, set up relevant disciplines to offer rehabilitation courses so as to develop different types of rehabilitation specialists.

The government and the society shall provide various forms of technical training to rehabilitation workers; popularize knowledge on rehabilitation among persons with disabilities, their family members, relevant staff and volunteers engaged in this work, and teach them rehabilitation methods.

Article 20 Government departments concerned shall organize and support the research, production, supply and maintenance of rehabilitation equipments and supplementary appliances.

Chapter 3 Education

Article 21 The State shall guarantee the right of persons with disabilities to education.

People’s governments at various levels shall take the education of persons with disabilities as a component of the state educational program, include it into their overall planning, and strengthen leadership and guidance, so as to create conditions for persons with disabilities to receive education.

The government, the society, and schools shall take effective measures to address difficulties faced by children and juveniles with disabilities in schooling, and help them complete compulsory education.

People’s governments at various levels shall provide free textbooks to students with disabilities and those from poor families with disabled parents, and offer them boarding allowances and other aids when they are receiving compulsory education; and as regards these people who are receiving other forms of education, assistance shall be given according to relevant regulations of the State.

Article 22 Education for persons with disabilities shall be developed in terms of both the expansion of access and upgrading of the levels, with more emphasis on the former. Priority shall be given to guaranteeing compulsory education and developing vocational and technical education while efforts shall be made to carry out preschool education and gradually develop education at and above the senior high school level.

Article 23 Education for persons with disabilities shall be based on their physical and psychological features and needs, which should be carried out according to the following principles:

1) Strengthening physical and psychological compensation and vocational and technical training in addition to moral and knowledge teaching;

2) Adopting ordinary or special educational methods according to different types of disabilities and the ability of learning;

3) Allowing appropriate flexibility in determining the curricula, teaching materials and methods and the age requirement for admission and graduation for special education.

Article 24 People’s governments above county level should deploy educational institutions according to the number of persons with disabilities, their allocation, and the type of disabilities, and encourage private donation and participation in the running of schools.

Article 25 Ordinary educational institutions shall be open to students with disabilities who are able to receive ordinary education, and offer them facilitation and help.

Ordinary primary schools and junior high schools must accept children or juveniles with disabilities who are able to adapt themselves to life and study there; ordinary senior high schools, secondary polytechnic schools, and institutions of higher learning must accept students with disabilities who meet the state admission requirements and shall not deny their admission because of their disabilities; in case of such denial, the students concerned, his family members or guardians are entitled to appeal to relevant authorities, and the latter shall instruct the schools concerned to enroll the student.

Ordinary institutions of preschool education shall admit children with disabilities who are able to adapt themselves to the life there.

Article 26 Preschool educational institutions for children with disabilities, classes for children with disabilities attached to ordinary preschool educational institutions, preschool classes of special educational institutions, welfare institutions for children with disabilities and families of these children shall be responsible for preschool education of children with disabilities.

Special schools at or below junior high school level and special classes attached to ordinary schools shall be responsible for the implementation of compulsory education for children and juveniles with disabilities who are not able to respond to ordinary education.

Special schools and special classes attached to ordinary schools at or above senior high school level, as well as institutions of vocational and technical education for persons with disabilities, shall be responsible for providing general curriculum education at or above senior high school level and vocational and technical education for eligible persons with disabilities.

Institutions offering special education should have venues and facilities suitable for the study, rehabilitation and daily life of persons with disabilities.

Article 27 Government departments concerned, employers of persons with disabilities and relevant social organizations shall carry out anti-illiteracy education, vocational training, entrepreneurship training and other forms of adult education for persons with disabilities and encourage them to tap their potential through self-teaching.

Article 28 The State shall systematically set up various forms of normal colleges and disciplines for special education at various levels. Special education classes attached to ordinary normal schools should be established to train and develop teachers for special education. Ordinary normal schools shall offer curricula or lectures on special education so that teachers in ordinary education may have some necessary knowledge about special education.

Teachers of special education and sign language interpreters shall enjoy allowances for special education.

Article 29 Government departments concerned shall organize and support the research and application of Braille and sign language, the compilation and production of teaching materials on special education, and the research, production and supply of teaching apparatus and other auxiliary facilities for special education.

Chapter 4 Employment

Article 30 The State shall protect the right of persons with disabilities to work.

People’s governments at various levels shall formulate overall plans on employment for persons with disabilities and create conditions for their employment.

Article 31 Both concentrated and scattered employment shall be provided to persons with disabilities. Preferential policies as well as protective and supporting measures shall be adopted to gradually create more stable and appropriate employment environment for persons with disabilities through multiple channels, at various levels and in a variety of forms.

Article 32 The governments and the society shall set up welfare enterprises for persons with disabilities, blind massage institutions, and other enterprises and institutions of welfare nature to offer concentrative job opportunities for persons with disabilities.

Article 33 The State shall introduce a quota scheme of employment to provide jobs for persons with disabilities.

Government agencies, social organizations, enterprises, public institutions, and private-run non-enterprise entities shall, in accordance with the quota stipulated in relevant regulations, arrange job opportunities for persons with disabilities, and offer them appropriate work and positions. Those who cannot reach the quota as prescribed in relevant regulations shall fulfill their obligation to guarantee job opportunities for persons with disabilities in accordance with relevant state regulations. The State encourages employers to over fulfill their obligation to employ more persons with disabilities.

The concrete measures on the employment of persons with disabilities shall be formulated by the State Council.

Article 34 The State encourages and supports the efforts of persons with disabilities to find their own jobs or set up their own businesses.

Article 35 Local people’s governments at various levels and community organizations in rural areas shall organize and facilitate persons with disabilities in the rural area to engage in planting, husbandry, handicraft industry and other forms of production.

Article 36 The State shall implement preferential tax treatment, according to law, for enterprises and employers who have fulfilled or over fulfilled their quota obligations to employ workers with disabilities, welfare institutions that has a significant staff of persons with disabilities, and self-employed disabled workers, and shall provide them with assistance in production, management, technology, capital, materials and workplace, etc. The State shall exempt administrative fees for self-employed disabled workers.

Local people’s governments and departments above county level shall identify certain products and businesses suitable for people with disabilities, give priority to welfare enterprises for persons with disabilities to work on such businesses and determine which products are to be produced exclusively by such enterprises on the basis of their special features.

The government in procurement shall give priority to products and services made by welfare enterprises for persons with disabilities, when other conditions are the same.

Local governments at all levels shall create public welfare jobs suitable for persons with disabilities.

Competent authorities shall, in verifying and issuing business licenses, give priority to persons with disabilities who apply for such licenses for self-employment.

Departments concerned shall provide assistance for persons with disabilities engaged in various kinds of labor in rural areas by ways of production services, technical guidance, supply of farm materials, purchasing and marketing of farm and sideline products and credit issuance.

Article 37 Public employment service institutions set up by relevant governmental departments shall provide free employment services to persons with disabilities.

Employment service institutions set up by disabled persons’ federations shall organize free vocational guidance, introduction and training, so as to provide help to persons with disabilities and potential employers.

Article 38 The State shall protect the property ownership and the independent decision-making right of welfare enterprises and institutions for persons with disabilities, whose lawful rights and interests shall not be violated.

No discrimination shall be practiced against persons with disabilities in recruitment, employment, obtainment of permanent status, promotion, determining technical or professional titles, payment, welfare, holidays and vacations, social insurance or in other aspects.

Enterprises and institutions where persons with disabilities work shall provide appropriate working conditions and labor protection based on the characteristics of disabled workers, and shall make renovations where necessary on workplaces, work equipments and life facilities in light of their actual needs.

The State shall take measures to protect the lawful rights and interests of visually impaired persons working in therapeutical or health care massage businesses.

Article 39 Enterprises and institutions where persons with disabilities work shall provide in-service technical training for disabled employees with a view to upgrading their skills and expertise.

Article 40 No organization or individual shall force persons with disabilities to work through violence, threat or illegal restriction of personal freedom.

Chapter 5 Cultural Life

Article 41 The State shall protect the equal right of persons with disabilities to participate in cultural life.

People’s governments at all levels and departments concerned shall encourage and assist persons with disabilities to participate in various forms of cultural, sports and recreational activities and shall create conditions to enrich the spiritual and cultural life of persons with disabilities.

Article 42 Cultural, sports and recreational activities for persons with disabilities should be based on communities, integrated into public cultural life and geared to the different characteristics and needs of different categories of persons with disabilities with a view to bringing about extensive participation.

Article 43 The government and society shall adopt the following measures to enrich the spiritual and cultural life of persons with disabilities:

1) Reflect the life of persons with disabilities through radio, film, television, press, books, the Internet and other media in the interests of persons with disabilities.

2) Organize and support the compilation, writing and publication of Braille books, audio books and other reading materials for the visually impaired and other persons with disabilities; establish special section of Braille books and audio books for visually impaired persons in public libraries.

3) Offer TV programs in sign language, set up radio programs specially designed for persons with disabilities and add subtitles or narrations to more TV programs and movies.

4) Organize and support persons with disabilities for mass cultural, sports and recreational activities, stage special art performances, hold sports games for persons with disabilities and participate in major international contests and interactions.

5) Provide facilities and accommodations for persons with disabilities at places of cultural, sports, recreational and other public activities and set up in a planned way activity centers for persons with disabilities.

Article 44 The government and society shall encourage and assist persons with disabilities to engage in literature, art, education, science, technology and other creative work beneficial to the people.

Article 45 The government and society shall promote mutual understanding and exchanges between persons with disabilities and their fellow-citizens, publicize the work on disability and deeds of assisting persons with disabilities, advocate self-accomplishment among people with disabilities, and foster a social environment of unity, friendship and mutual help.

Chapter 6 Social Security

Article 46 The State shall protect the right of persons with disabilities to various social security means.

The government and society shall take measures to improve the social security network for persons with disabilities, secure and improve the life of persons with disabilities.

Article 47 Persons with disabilities and their employer units shall sign up for social insurance in accordance with relevant state regulations.

Mass self-governing bodies at the primary level both in urban and rural areas as well as families of persons with disabilities shall encourage and assist persons with disabilities to sign up for social insurance.

For those persons with disabilities with financial difficulties, social insurance subsidies shall be granted according to relevant state regulations.

Article 48 People’s governments at various levels shall provide relief subsidies for basic-living such as education and housing through various channels for persons with disabilities with financial difficulties.

Local people’s governments above county level shall take other measures to secure the life of families of persons with disabilities who still have great financial difficulties after being guaranteed minimum living allowances.

People’s governments at various levels shall provide relief and subsidy according to regulations for the basic medical care, rehabilitation services and installment and replacement of necessary assistive devices.

Local governments at various levels shall provide nursing subsidies where appropriate for persons with disabilities who cannot take care of themselves in everyday life.

Article 49 Local people’s government at various levels shall provide for, in accordance with relevant regulations, persons with disabilities who have no working capabilities, no legal fosterers or financial resources or whose fosters are incapable to provide for them.

The State shall encourage and facilitate non-governmental forces to establish welfare homes and fostering institutions for persons with disabilities.

Welfare homes and fostering institutions for persons with disabilities and their staff shall not insult, abuse or desert persons with disabilities.

Article 50 People’s governments above county level shall provide convenience and preferential treatment for persons with disabilities where appropriate in taking public transport vehicles. Persons with disabilities shall be permitted to carry on board their indispensable equipment free of charge.

Blind persons shall be able to take public transport such as bus, tram, subway, ferry free of charge with valid certificate. Mailing and delivery of publications for blind persons shall be free of charge.

The State shall encourage and assist telecommunication, radio and TV service providers to provide preferential treatment for persons with visual, or hearing, or speech disabilities.

People’s government at various levels shall gradually increase other types of care and support for persons with disabilities.

Article 51 Government departments concerned and organizations of persons with disabilities shall open and improve channels for citizens to provide donation and service for persons with disabilities, encourage and assist the development of philanthropic undertakings for persons with disabilities, as well as public welfare activities such as volunteer programs to help persons with disabilities.

Chapter 7 Accessible Environment

Article 52 The State and society shall take measures to make facilities more accessible and to eliminate barriers in information communications so as to provide an accessible environment for persons with disabilities to participate in social life on an equal basis with others.

People’s governments at various levels shall conduct overall planning and coordination and strengthen supervision and management for the building of an accessible environment.

Article 53 Construction and renovation of accessible facilities shall cater for the real needs of persons with disabilities.

Newly-built, renovated or expanded buildings as well as roads and transport facilities shall meet the state engineering codes relating to accessible facilities.

In line with state regulations relating to accessible facilities, people’s governments at various levels and competent authorities shall gradually renovate existent facilities, especially public service facilities closely related to the daily work and life of persons with disabilities.

Accessible facilities shall be kept maintained and protected.

Article 54 The State shall take measures to create conditions to eliminate barriers in information communications for persons with disabilities.

People’s governments at various levels and competent authorities shall take measures to facilitate access to public information for persons with disabilities.

The State and society shall research and develop technologies and products of information communications for persons with disabilities.

For school entrance exams, career qualification exams and placement exams which persons with visual disabilities take part in, Braille or electronic exam paper or assistance from specialized staff shall be available.

Article 55 In public service institutions and public places, information in voice notice, text signs, sign language, or Braille as well as prioritized service and auxiliary aid shall be made available to persons with disabilities.

Public transport facilities shall gradually meet accessibility requirements. Public parking lots shall devote certain parking space, wherever possible, for the use of persons with disabilities.

Article 56 Competent departments in charge of the organization of elections shall facilitate persons with disabilities to vote in elections. Braille ballots shall be available wherever possible.

Article 57 The State shall encourage and support the research and development of accessible auxiliary equipment and transport facilities.

Article 58 Persons with visual disabilities shall comply with relevant state regulations when entering public places with guide dogs.

Chapter 8 Legal Liabilities

Article 59 Where the lawful rights and interests of persons with disabilities are violated, the offended shall have the right to launch complaints to organizations of persons with disabilities. The organizations shall safeguard the lawful rights and interests of persons with disabilities and have the right to ask competent departments for investigation and action. The competent departments shall make such investigation and action and offer a reply.

Organizations of persons with disabilities shall provide support to persons with disabilities who need help in resorting to litigation for rights protection.

Where the interests of a certain group of persons with disabilities are violated, organizations of persons with disabilities shall have the right to ask competent departments to make investigations and hold the offenders accountable.

Article 60 Where the lawful rights and interests of persons with disabilities are violated, the offended shall have the right to ask competent departments to deal with the case in accordance with law, or submit application to arbitration institutions, or appeal to people’s courts in conformity with law.

For persons with disabilities who need legal aid or judicial assistance due to financial difficulties or other reasons, local legal aid institutions or people’s courts shall provide legal aid or judicial assistance in accordance with law.

Article 61 Whoever, in violation of this law, rejects, delays or holds back the complaint, appeal or report relating to the violation of the rights and interests of persons with disabilities, or retaliates against the one who launches the complaint, appeal or report, shall be ordered to rectify his wrong doing by the organization to which he belongs or higher level authorities. Disciplinary measures shall be taken against the people in charge and others directly responsible.

Where, not in compliance with his public duties, a civil servant fails to stop actions which violate the rights and interests of persons with disabilities or fail to offer necessary help to the harmed, which leads to serious consequences, the organization to which he belongs to or higher level authorities shall take disciplinary measures against the people in charge or others directly responsible.

Article 62 Where, in violation of this law, the dignity of persons with disabilities is degraded or undermined through mass media or other means, competent authorities in charge of culture, radio, film, television, publication and the press or others shall have the matter redressed based on their respective mandate and give administrative penalties in accordance with law.

Article 63 Where, in violation of this law, educational institutions refuse to admit students with disabilities or use additional conditions not defined by the State to limit the entrance of students with disabilities, competent authorities shall have the matter redressed and take disciplinary measures against the people in charge or others directly responsible.

Article 64 Where, in violation of this law, discrimination against persons with disabilities occurs in recruitment for work, competent authorities shall have the matter redressed. Victim workers with disabilities shall have the right to appeal to peoples’ court.

Article 65 Where, in violation of this law, staff in welfare or fostering institutions of persons with disabilities insult, maltreat, or abandon persons with disabilities, disciplinary measures shall be taken against people in charge or others directly responsible. Administrative penalties shall be given if the behavior runs counter to public security management.

Article 66 Where, in violation of this law, newly built, renovated or expanded buildings as well as roads and transport facilities fail to meet the state engineering standards relating to accessible facilities, or the accessible facilities are not timely maintained or protected, which leads to serious consequences, competent authorities shall deal with the case in accordance with law.

Article 67 Whoever, in violation of this law, violates the lawful rights and interests of persons with disabilities shall, if other laws or regulations exist, be given administrative penalties as defined in those other laws and regulations; or shoulder civil responsibilities if loss of property or other harms is incurred; or shoulder criminal responsibilities in accordance with law if a crime is committed.

Chapter 9 Supplementary Provision

Article 68 This law shall enter into force as of July 1st, 2008.

(Adopted at the 29th meeting of the Standing Committee of the Tenth National People’s Congress on August 30th, 2007)

Chapter 1 General Provisions

Chapter 2 Policy Support

Chapter 3 Fair Employment

Chapter 4 Employment Service and Administration

Chapter 5 Vocational Education and Training

Chapter 6 Employment Assistance

Chapter 7 Supervision and Inspection

Chapter 8 Legal Liabilities

Chapter 9 Supplementary Provisions

Chapter 1 General Provisions

Article 1 This Law is hereby formulated for the purposes of promoting employment, enhancing the coordination between economic development and employment expansion, promoting social harmony and stability, this Law is promulgated.

Article 2 The State highlights the play of employment expansion in economic and social development, the implementing of active employment policies, upholding the principle of laborers having freedom of job selection and employment being regulated by the market and promoted by the government promoting employment, thus implementing multiple channels for enlarging employment.

Article 3 Laborers shall be entitled to the rights of fair employment and the freedom of job selection in accordance with the law.

The employment of laborers shall not be subject to any discrimination due to ethnic, race, gender, religious belief and other factors.

Article 4 A people’s government above the county level shall make employment expansion one of its key targets of economic and social development, integrate it in its national economy and social development program and formulate medium-term, long-term and an annual working plan for employment promotion.

Article 5 A people’s government above the county level shall create employment conditions and enlarge employment by adopting measures of a developing economy, adjusting industrial structure, standardizing human resources market, perfecting employment service, strengthening vocational education and training, providing employment assistance, etc.

Article 6 The State Council shall establish a national coordination mechanism of employment promotion to study major issues in employment work, coordinate and advance employment promotion work throughout the country. The labor administrative departments of the State Council shall be responsible for concrete work of employment promotion.

The People’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish a coordination mechanism of employment promotion to settle the major problems in the employment work of their own administrative regions in a coordinating manner, based on the needs of the employment promotion work.

The relevant departments of a people’s government above the county level shall make joint efforts to properly handle employment work, according to their respective functions and responsibilities.

Article 7 The State advocates the correct opinions in job selection among and enhancement of employment capabilities and pioneering capabilities of laborers. The State encourages laborers to start businesses independently and seek self-employment.

The People’s governments and relevant departments at all levels shall simplify procedures and enhance the efficiency in providing convenience for laborers to start businesses independently and engage in self-employment.

Article 8 Employers shall be entitled to the right of hiring laborers voluntarily in accordance with the law.

Employers shall safeguard the lawful rights and interests of laborers in accordance with the provisions of this Law and other laws and regulations.

Article 9 Trade unions, communist youth leagues, women’s unions, disabled persons federations and other social organizations shall assist people’s governments in developing the work of employment promotion and safeguard the working rights of laborers.

Article 10 The People’s governments and relevant departments at all levels shall commend and reward the organizations and individuals that make outstanding achievements in the work of employment promotion.

Chapter 2 Policy Support

Article 11 A people’s government above the county level shall deem employment expansion as one of its important duties, coordinate industrial policies and employment policies on an overall basis.

Article 12 The State encourages all enterprises to create, within the scope specified by the provisions of relevant laws and regulations, employment opportunities by establishing new enterprises or expanding businesses.

The State encourages the development of labor-intensive industries and service industry, provides assistance to medium and small size enterprises and increases employment opportunities through multiple channels and methods.

The State encourages, supports and directs the development of the non-public economy to enlarge employment and increase employment opportunities.

Article 13 The State develops domestic and foreign trade and international economic cooperation to increase and broaden employment channels.

Article 14 A people’s government above the county level, when arranging governmental investment and determining major construction projects, shall give full play to the investment and the projects which stimulate employment thereby increasing more employment opportunities.

Article 15 The State shall implement financial policies to facilitate employment promotion thus improving the employment environment and enlarging employment.

A people’s government above the county level, based on the employment situation and work target, shall allocate employment special fund from its financial budget for the use of employment promotion.

The employment special fund shall be used as a subsidy for job introduction, vocational training, public-welfare positions, vocational skill appraisal, particular employment policies, social insurances, or as the security fund of small-amount loan, or as the discount interest for small-amount security fund of meager-profit projects, or as the support to public employment service. The application and management measures of the employment special fund shall be formulated by the financial department and labor administrative department of the State Council.

Article 16 The State shall establish a sound unemployment insurance system to guarantee the basic living of the unemployed and promote their employment.

Article 17 The State encourages enterprises to increase employment opportunities in supporting the employment of unemployed and disabled persons. The State grants a tax preference in accordance with the law to the following enterprises and persons:

(1)Enterprises that meet the prescribed requirements in employing the unemployed persons who are up to the conditions specified by the State;

(2)Medium and small sized enterprises established by the unemployed;

(3)Enterprise hiring disabled persons up to the percentage specified by the provisions or enterprises hiring disabled persons in a centralized manner;

(4)Disabled persons engaging in individual businesses and meeting the conditions as specified by the State;

(5)Disabled persons engaging in individual businesses; and

(6)Other enterprises and persons that are entitled to a tax preference in accordance with the provisions of the State Council.

Article 18 With regard to the persons mentioned in Item (4) and Item (5) of Article 17 hereof, relevant departments shall offer convenience in business site and other aspects; they shall be exempted from administrative charges.

Article 19 The State implements financial policies that help employment promotion to create more financing channels for medium and small sized enterprises; the State encourages financial institutions to improve their financial service in increasing credit support to medium and small sized enterprises; the financial institutions shall support the person who starts up their own businesses independently by granting small-amount credit loans within a certain time limit.

Article 20 The State shall implement policies to balance rural and urban employment, establish a sound system of fair employment of rural and urban laborers as well as direct the employment transfer of agricultural surplus labor force in an orderly manner.

A people’s government above the county level shall advance the construction of small towns and accelerate the development of county areas thereby directing the employment transfer of agricultural surplus labor force to local or nearby places; the people’s government shall make the local employment transfer of agricultural surplus labor force one of the major contents of its small-town development program.

A people’s government above the county level shall direct the employment transfer of agricultural surplus labor force to urban areas and other areas; the people’s governments at the places of labor force output and input shall cooperate with each other to improve the environment and conditions of the employment of rural laborers in urban areas.

Article 21 The State shall support regional economic development, encourages regional collaboration and coordinates the balance of employment increases of different regions on an overall basis.

The State shall support ethnic areas to develop economy and enlarge employment.

Article 22 The People’s governments at all levels shall make overall arrangements of the work of the employment of urban newly-added labor force, the employment transfer of agricultural surplus labor force and the employment of unemployed persons.

Article 23 The People’s governments at all levels shall adopt measures to gradually improve and implement the labor and social insurance policies adapt to part-time employment and other flexible measures, which may provide service and assistance to personnel for flexible employment.

Article 24 The People’s governments and relevant departments at all levels shall strengthen their guidance over unemployed persons engaging in individual businesses, provide policy consultation service, employment training and instructions on business start-up.

Chapter 3 Fair Employment

Article 25 The People’s governments at all level shall create an environment of fair employment, eliminate employment discrimination, formulate policies and adopt measures to assist and support personnel with employment difficulty.

Article 26 An employer, when recruiting personnel, or a job agency, when engaging in job intermediary activities, shall provide fair employment opportunities and employment conditions for laborers and shall not engage in employment discrimination.

Article 27 The State ensures that women are entitled to working rights that are equal to that of men.

In its recruitment, an employer shall neither refuse to hire a woman nor increase its threshold in hiring women under the excuse of gender, other than the jobs or positions unfit to women as specified by the State provisions.

An employer, when recruiting female employees, shall not stipulate any content restricting them from getting married and pregnant in its labor contracts.

Article 28 Laborers of all ethnic groups shall be entitled to equal labor rights.

In its recruitment, an employer shall grant adequate consideration to laborers of ethnic groups.

Article 29 The State guarantees the working rights of disabled persons.

The People’s governments at all levels shall make an overall program for the employment of disabled persons to create employment conditions for them.

In its recruitment, an employer shall not discriminate against disabled persons.

Article 30 In its recruitment, an employer shall not refuse to hire a person under the excuse that he or she is a carrier of infectious disease pathogen. Nevertheless, a carrier of infectious disease pathogen shall not, before medical confirmation that the carrier is cured or excluded from the possibility of spreading the disease, engage in any work that is likely to spread the infectious disease that is prohibited by provisions of laws, administrative regulations and health administrative department of the State Council.

Article 31 A rural laborer, when seeking employment in urban areas, is entitled to the working rights equal to that of urban laborers. A discriminative restriction shall not be set up for rural laborers seeking employment in urban areas.

Chapter 4 Employment Service and Administration

Article 32 The People’s government above county level shall foster a sound, uniformed, open, competitive and orderly human resources market to provide services for laborers seeking employment.

Article 33 The People’s government above the county level shall encourage all circles of society to develop employment service activities pursuant to the law, strengthen their guidance and supervisions over public employment service and job agency service as well as gradually establish a sound employment service system covering all rural and urban areas.

Article 34 The People’s government above the county level shall strengthen the construction of the information network of the human resources market and relevant facilities thereby establishing a sound system of information service of the human resources market and a market information publicity system.

Article 35 The People’s government above the county level shall establish a sound system of public employment service, set up institutions of public employment service to provide laborers with free services as follows:

(1)Consultation service of employment policies and regulations;

(2)Service of publicizing information of job opportunities supply and demand, guiding market wage and vocational training;

(3)Service of vocational guidance and recommendation;

(4)Service of providing employment assistance to personnel with employment difficulties;

(5)Service of handling employment registration, unemployment registration and other affairs; and

(6)Other public employment services.

A public employment service institution shall continuously enhance their service quality and efficiency and shall not engage in operating activities.

The fund of public employment service shall be included in the financial budget at an equal level.

Article 36 The People’s government above the county level shall be granted subsidies in accordance with the regulations when providing public-welfare employment service to job agencies.

The State encourages all circles of society to donate and subsidize public-welfare employment service.

Article 37 The People’s governments and relevant departments at all levels are prohibited from establishing for-profit job agencies independently or through joint efforts with others.

The local people’s governments at all levels, the relevant departments and public employment service institutions shall not charge laborers under the excuse of holding job fairs.

Article 38 The People’s governments and the relevant departments above the county level shall strengthen their administration over job agencies, encourage them to improve their service quality and exert their play in employment promotion.

Article 39 Engagement in job intermediary activities shall be practiced pursuant to the principle of legality, fairness and openness.

When recruiting people through job agencies, an employer shall provide true job opportunities supply and demand information from job agencies. Any organization or individual is prohibited from taking advantage of job intermediary activities to infringe the lawful rights and interests of laborers.

Article 40 The following conditions shall be satisfied while establishing a job agency:

(1)Having definite articles of association and administration system;

(2)Having fixed site, office facilities and certain amount of start-up fund necessary for developing the business;

(3)Having certain quantity of full-time employees with corresponding vocational qualifications; and

(4)Other conditions as specified by laws and regulations.

The establishment of a job agency shall be subject to the administrative license in accordance with the law. The job agency that is so licensed shall go through the registration procedures with the industrial and commercial administrative department.

An agency that is not licensed and registered in accordance with the law shall not engage in any job intermediary activities.

If the State fails to otherwise specify provisions on foreign-invested job agencies and the job agencies offering overseas employment service, these provisions shall be applicable.

Article 41 A job agency shall not engage in any of the following activities:

(1)Providing false employment information;

(2)Providing job intermediary service for employers without lawful licenses;

(3)Fabricating, altering or passing off job intermediary license;

(4)Detaining the resident identity card or another certificate of a laborer, or charge the laborer deposit; and

(5)Other acts against provisions of laws and regulations.

Article 42 The People’s government above the county level shall establish an unemployment early-warning system to prevent, regulate and control possible unemployment of a relatively large scale.

Article 43 The State shall establish an investigation and statistics system of labor force and a system of employment and unemployment registration to unfold investigation and statistics of the labor force resources, unemployment and employment as well as to publicize the results.

When a statistics department or a labor administrative department makes labor force investigation or conducts employment and unemployment registration, the employer and the individuals shall provide true information required in investigation, statistics and registration.

Chapter 5 Vocational Education and Training

Article 44 The State shall develop vocational education, encourage the development of vocational training and promote laborers to enhance their vocational skills, strengthen their employment capabilities and pioneering capabilities.

Article 45 The People’s government above the county level, in accordance with the development of the economy and society and market demands, shall formulate and implement a vocational capability development program.

Article 46 The People’s government above the county level shall strengthen arrangement and coordination while encouraging and supporting all vocational schools, vocational skill training institutions and employers to develop pre-employment training, in-service training, reemployment training and enterprising training. The government shall encourage laborers to participate in trainings of all forms as well.

Article 47 The local people’s governments and relevant departments above the county level, based on the market demands and industrial development directions, shall encourage and guide enterprises to strengthen vocational education and training.

Vocational schools and vocational skill training institutions shall closely contact the enterprises to practice combination between production and education, thus serving economic construction and fostering practical talents and skillful laborers.

An enterprise, in accordance with the State’s relevant provisions, shall allocate a staff education fund to conduct vocational skill training and continuous education training.

Article 48 The State shall adopt measures to establish a sound labor preparation system. The People’s government above the county level shall conduct vocational education and training within a certain time limit aiming at junior or senior high school graduates having employment needs to ensure that they obtain corresponding vocational qualifications or command certain vocational skills.

Article 49 The local people’s governments at all places shall encourage and support employment training to help unemployed persons enhance their vocational skills and strengthen their employment capabilities and pioneering capabilities. An unemployed personnel participating in employment training shall be entitled to governmental training subsidy in accordance with the relevant provisions.

Article 50 The local people’s governments at all levels shall adopt effective measures to organize and guide rural laborers who seek employment in urban areas to participate in skill training, encourage all training institutions to offer skill training for the rural laborers and strengthen their employment capabilities and pioneering capabilities.

Article 51 The State implements a system of vocational qualification certificate for the laborers engaging in special jobs that involve public security, personal health, life and property security and the like. The specific measures shall be formulated by the State Council.

Chapter 6 Employment Assistance

Article 52 The People’s governments at all levels shall establish a sound system of employment assistance, by adopting tax deduction and exemption, loan discount interest, social insurance subsidy, position subsidy and other measures as well as by public-welfare position arrangements, which give priority to assisting personnel with employment difficulties.

The persons with employment difficulties shall mean the persons who have difficulties in realizing their employment or who have not realized their employment after being constantly unemployed for certain period of time due to health, skills, families, loss of land and other reasons. The specific scope of the personnel with employment difficulties shall be determined by the people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government according to the actual situation of their own administrative areas.

Article 53 Priority shall be given to the persons who have difficulty in employment and satisfy the position requirements in the allocation of public-welfare positions developed by government. The persons assigned the work at public-welfare positions shall be granted the position with a subsidy in accordance with the State provisions.

Article 54 The local people’s governments at all levels shall strengthen the work of the basic-level employment and assistance service, focus its assistance on the persons with employment difficulties and offer employment service and public-welfare position assistance aiming at certain matters.

The local people’s governments at all levels shall encourage and support all circles of society by providing personnel with employment difficulties with skill training service, position information service and other services.

Article 55 The people’s governments at all levels shall adopt particular assisting measures to promote the employment of disabled persons.

An employer shall arrange the employment of disabled persons in accordance with the State provisions and concrete measures shall be formulated by the State Council.

Article 56 A local people’s government above the county level shall adopt various employment forms to expand the range of public-welfare positions, create employment positions and ensure that at least one member of an urban family that has employment needs be employed.

If all the members of a family of urban residents who are of the legal age of employment are unemployed, the family may apply for employment assistance to the public employment service institution at the sub-district or the community at the place where the family is located. A public employment service institution of a sub-district or a community, after verifying the situation to be true, shall offer adequate employment to at least one member of such a family.

Article 57 The State shall encourage a resource-oriented city or an independent industrial and mining district to develop industries that are adapted to the market demands, thus directing the employment transfer of laborers.

With regard to areas of large number of personnel with employment difficulties due to resource exhaustion, economic structure adjustment and other reasons, the People’s governments at higher level shall grant necessary support and assistance.

Chapter 7 Supervision and Inspection

Article 58 The People’s governments and relevant departments at all levels shall establish an objective responsibility system of employment promotion. A people’s government above the county level, based on the requirements of such a system, shall conduct an evaluation and supervision over the relevant departments subordinate to it and the People’s government at lower level.

Article 59 The audit authorities and financial departments shall conduct supervision and inspection over the management and application of the employment special fund in accordance with the law.

Article 60 A labor administrative department shall conduct supervision and inspection on the implementation situation of this Law, establish a reporting system to handle the complaints and reports of acts against this Law as well as verify and settle it in a timely manner.

Chapter 8 Legal Liabilities

Article 61 If a labor administrative department or another relevant department or their employees violate the provisions hereof by abusing their authorities, neglecting their duties or committing irregularities, penalties shall be imposed on personnel directly in charge and other personnel subject to direct responsibilities.

Article 62 A laborer may file a lawsuit with the People’s government where he or she is discriminated by acts violating the provisions hereof.

Article 63 If the local people’s government, relevant departments or a public employment service institution establishes operational job agencies, engages in operational job intermediary activities, or charges laborers, the competent authority at a higher level shall order it to make a correction with a specified time limit, return the illegal incomes to laborers and impose penalties on the persons directly in charge and other persons subject to direct responsibilities.

Article 64 If a job agency violates the provisions hereof by engaging in job intermediary activities without authorization, permission and registration, a labor administrative department or another department in charge shall close the job agency in accordance with the law; the illegal incomes thereof, if any, shall be confiscated and a fine between RMB 10,000 and RMB 50,000 shall be imposed thereon.

Article 65 If a job agency violates the provisions hereof in providing false employment information, offering job intermediary service to employers without legal licenses, or fabricating, altering, passing off job intermediary license, a labor administrative department or another department in charge shall order it to make correction; the illegal incomes thereof, if any, shall be confiscated and a fine between RMB 10,000 and RMB 50,000 shall be imposed thereon; in the case of a serious circumstance, the job intermediary license shall be revoked.

Article 66 If a job agency violates the provisions hereof in detaining laborer’s resident identity certificate or another certificate, a labor administrative department shall order it to return the certificate to the laborer within a specified time limit and impose penalties thereupon in accordance with the relevant provisions.

If a job agency violates the provisions hereof in charging deposits from laborers, a labor administrative department shall order it to return the deposits to the laborers within a specified time limit and impose a fine thereupon based on the standard of no less than RMB 500 and no more than RMB 2,000 per person.

Article 67 If an enterprise violates the provisions hereof in withdrawing the staff education fund not in accordance with the State provisions, or embezzling the fund, a labor administrative department shall order it to make corrections and impose penalties thereupon in accordance with the law.

Article 68 Any act against the provisions hereof, which infringe the lawful rights and interest of laborers and thus causing property loss or any other damage shall be subject to civil liabilities in accordance with the law; if such an act makes up a criminal offense, the party concerned shall be subject to criminal liabilities.

Chapter 9 Supplementary Provisions

Article 69 This Law shall be implemented from January 1, 2008.

(Adopted at the 169th Executive Meeting of the State Council on February 14th, 2007)

Chapter 1 General Provisions

Article 1 These Regulations are formulated in accordance with the Law of the People’s Republic of China on the Protection of Persons with Disabilities and other relevant laws for the purpose of promoting the employment of persons with disabilities and protecting their right to work.

Article 2 The State adopts the employment principle of combining collective arrangement with individual arrangement to promote the employment of persons with disabilities.

People’s governments at or above the county level shall incorporate the employment of persons with disabilities into their plans for national economic and social development, and formulate preferential policies and specific supportive and protective measures to create conditions for the employment of persons with disabilities.

Article 3 Organs, organizations, enterprises, institutions and private non-enterprise units (hereinafter all referred to as employing units) shall perform their responsibilities and obligations of supporting the employment of persons with disabilities in accordance with the provisions of relevant laws, these Regulations and other administrative regulations.

Article 4 The State encourages social organizations and individuals to help and support persons with disabilities in being employed through multiple channels and in a variety of forms, and encourages persons with disabilities to get employed in a variety of forms such as job interview. Discrimination against persons with disabilities is prohibited in their employment.

Persons with disabilities shall improve their own capacity and skills for employment.

Article 5 People’s governments at all levels shall strengthen their efforts to work out overall plans and conduct all round coordination for the employment of persons with disabilities. Departments in charge of the affairs of persons with disabilities of the people’s governments at or above the county level shall be responsible for organizing, coordinating, directing and urging the relevant departments in their efforts to fulfill work of the employment of persons with disabilities.

The departments in charge of labor and security, and civil affairs of the people’s governments at or above the county level shall, within the scope of their functions and duties, fulfill work of the employment of persons with disabilities.

Article 6 The China Disabled Persons’ Federation and its local organizations shall, in accordance with laws and regulations, or entrusted by the government, be responsible for the specific organization, implementation and supervision of the work for the employment of persons with disabilities.

Trade unions, communist youth leagues and women’s federations shall, within the scope of their work, fulfill work of the employment of persons with disabilities.

Article 7 People’s governments at all levels shall commend and reward the units and individuals that have achieved outstanding successes in their work for the employment of persons with disabilities.

Chapter 2 Responsibility of Employing Units

Article 8 Employing units shall employ a certain proportion of persons with disabilities in appropriate types of jobs and posts.

The proportion of disabled employees employed by an employing unit shall not be lower than 1.5% of the total number of its employees. The specific quota shall be determined by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government in light of their actual conditions.

Disabled employees recruited by an employing unit from another region shall be counted in the number of its disabled employees.

Article 9 If, in the employment of persons with disabilities, an employing unit fails to meet the quota determined by the local people’s government of a province, autonomous region or municipality directly under the Central Government, it shall pay for a disability employment security fund.

Article 10 Welfare enterprises for persons with disabilities, massage services by blind persons and other welfare units (hereinafter all referred to as units employing persons with disabilities collectively) , set up by the government and society in accordance with law, shall employ persons with disabilities collectively.

The qualifications of units employing persons with disabilities collectively shall be governed by the relevant provisions of the State.

Article 11 Disabled employees who work full-time for a unit employing persons with disabilities collectively shall account for not less than 25% of the total number of the employees.

Article 12 An employing unit shall sign a labor contract or service agreement in accordance with law with the disabled employees it recruits.

Article 13 An employing unit shall provide disabled employees with working conditions and occupational protection suitable for their physical conditions, and shall not discriminate against disabled employees in promotion in rank or position, determination of technical or professional titles, remuneration, social insurance, welfare benefits or in other respects.

Article 14 An employing unit shall provide pre-employment, in-service, reemployment training and other forms of training for its disabled employees on the basis of their actual conditions.

Chapter 3 Protection Measures

Article 15 People’s governments at or above the county level shall adopt measures to broaden the channels for the employment of persons with disabilities and create welfare-jobs that are suited for their employment, in order to guarantee their employment.

Local people’s governments at or above the county level shall give priority to the employment of persons with disabilities in developing community service undertakings.

Article 16 Disability employment security funds collected in accordance with law shall be incorporated into the fiscal budget and used specially for providing vocational training, pre-employment service and employment assistance to persons with disabilities, and no organization or individual shall embezzle, misappropriate or withhold the funds, or distribute the funds in secret. The specific measures for collection, use and management of the disability employment security funds shall be formulated by the finance department of the State Council jointly with the relevant departments of the State Council.

Finance departments and auditing institutions shall, in accordance with law, conduct strict supervision over and inspection of the use of the disability employment security funds.

Article 17 The State implements, in accordance with law, preferential taxation policies in relation to units employing persons with disabilities collectively, and provides them with assistance in production, management, technology, funds, goods and materials, working sites, etc.

Article 18 Local people’s governments at or above the county level and the departments concerned shall determine the kinds of products and projects which are suitable for production and operation by persons with disabilities, and when making arrangements for such production and operation, give priority to the units employing persons with disabilities collectively, and, in light of the production characteristics of such units, determine the kinds of products for them to produce exclusively.

In making procurement, the government shall, under the same conditions, give priority to the products or services provided by the units employing persons with disabilities collectively.

Article 19 The State encourages and assists persons with disabilities to get employed and start undertakings on their own initiative. Preferential taxation policies shall be applied in relation to the self-employed businesses of persons with disabilities in accordance with law, and the departments concerned shall offer them favorable terms in matters of business premises, etc. , and exempt them in accordance with the provisions from the administrative or institutional charges, such as administration, registration and license fees.

The State assists persons with disabilities to get employed and start undertakings on their own initiative by providing them with micro-credit within a certain period of time.

Article 20 Local people’s governments at various levels shall raise funds from various sources to organize and support persons with disabilities in rural areas to engage in crops growing, animal breeding, handicraft industry and other forms of production.

The departments concerned shall give assistance to persons with disabilities in rural areas who are engaged in agricultural production, in matters of production services, technical guidance, supply of agricultural goods and materials, purchase of farm and sideline products, grant of loans and so on.

Chapter 4 Employment Service

Article 21 People’s governments at various levels and the departments concerned shall provide specific assistance and service to persons with disabilities who have difficulty in getting employed, encourage and support vocational training agencies to provide vocational training to persons with disabilities, and organize regular vocational skill competitions among them.

Article 22 Employment service agencies for persons with disabilities affiliated to the China Disabled Persons’ Federation or its local organizations shall provide the following free services for the employment of persons, with disabilities:

(1) releasing information on the employment of persons with disabilities;

(2) organizing vocational training among persons with disabilities;

(3) providing persons with disabilities with psychological consultation, assessment of job integration, rehabilitation exercises, job-seeking orientation, job recommendation and other services concerning employment;

(4) providing the necessary assistance for persons with disabilities in their efforts to get employed on their own initiative; and

(5) providing the necessary support for employing units which are to arrange jobs for persons with disabilities.

The State encourages other employment service agencies to provide free services for the employment of persons with disabilities.

Article 23 Entrusted by labor and security departments, employment service agencies for persons with disabilities may register unemployed persons with disabilities, and compile statistics of employed and unemployed persons with disabilities; upon approval by the local labor and security departments, such agencies may also make appraisal of the vocational skills of persons with disabilities.

Article 24 When disputes arise between disabled employees and employing units, the local legal aid institutions shall offer legal aid to the disabled employees in accordance with law, and the disabled persons’ federations at all levels shall render support and assistance.

Chapter 5 Legal Liability

Article 25 Where the competent administrative departments concerned and their staff members, in violation of the provisions of these Regulations, abuse their powers, neglect their duties, or engage in illegalities for personal gains or by fraudulent means, they shall be investigated for criminal liability in accordance with law if a crime is constituted; or they shall be given sanctions in accordance with law if a crime is not constituted.

Article 26 Where a person, in violation of the provisions of these Regulations, embezzles, misappropriates or withholds disability employment security funds, or distributes such funds in secret, he shall be investigated for criminal liability in accordance with law if a crime is constituted; the unit to be held responsible, the persons in charge with competent accountability and other persons with competent accountability shall be given sanctions or punishments in accordance with law if a crime is not constituted.

Article 27 Where an employing unit, in violation of the provisions of these Regulations, fails to pay for the disability employment security fund as required by the provisions, the finance department shall give it a warning and order it to make the payment within a time limit; if the unit fails to do so at the expiration of the time limit, it shall, in addition to making the deferred payment, pay an overdue fine at a daily rate of 5%o, counted from the date it is required to make the payment.

Article 28 Where an employing unit, in violation of the provisions of these Regulations, comes to enjoy preferential taxation policies for a unit employing persons with disabilities collectively, through practicing fraud, and providing a false report of the number of the persons with disabilities it employs, the taxation authority shall handle it in accordance with law.

Chapter 6 Supplementary Provisions

Article 29 The term “employment of persons with disabilities” in these Regulations means employment of persons with disabilities who have reached the statutory age for employment and have made requests for paid jobs.

Article 30 These Regulations shall be effective as of May 1, 2007.