Measures of Beijing Municipality for the Arrangement for Proportioned Employment of Disabled Persons

Measures of Beijing Municipality for the Arrangement for Proportioned Employment of Disabled Persons

Measures of Beijing Municipality for the Arrangement for Proportioned Employment of Disabled Persons

Order of the People's Government of Beijing Municipality [1994] No.10

June 20, 1994

The Measures of Beijing Municipality for the Arrangement for Proportioned Employment of Disabled Persons (hereinafter referred to as the "Measures") adopted at the 32th executive meeting of the People's Government of Beijing Municipality on May 13, 1994 are hereby promulgated for implementation.

Appendix: Measures of Beijing Municipality for the Arrangement for Proportioned Employment of Disabled Persons

Article 1 With a view to protecting the labor rights of the disabled persons, the Measures are formulated according to the Law of the People's Republic of China on the Protection of Disabled Persons and the Regulations of Beijing Municipality on the Protection of Disabled Persons.

Article 2 For the purpose of the Measures, disabled persons refer to the urban residents in Beijing Municipality who hold the Disability Certificate uniformly made and issued by the Beijing Disabled Person's Federation, reach the statutory labor age, have certain work capacity and are willing to work and be employed.

Article 3 The employment of disabled persons shall be promoted, supported and encouraged.
All departments and entities have the responsibility and obligation to arrange the employment of the disabled persons.

Article 4 The Disabled Person Work Coordination Committee of the People's Government of Beijing Municipality shall be responsible for coordinating the formulation and implementation of the planning or plan for the arrangement for proportioned employment of disabled persons in Beijing Municipality.
The disabled person labor and employment service institutions subordinated to the disabled person's federations of the municipality, district and county shall be responsible for the implementation of the organization, management and service work in connection with the arrangement for the proportioned employment of disabled person, and under the business guidance of the labor and personnel departments at the same level.

Article 5 The institutions, organizations, enterprises (other than the welfare enterprises) and public institutions within the administrative region of Beijing Municipality shall arrange the employment of disabled persons to the extent that the disabled employees account for at least 1.7% of their respective total in-service employees.
On the aforementioned calculation basis, if the disabled persons are arranged to be employed account for a percentage within a range from 0.5 to 0.9, one disabled person shall be deemed to be employed for calculation; and if one visually disabled person is arranged to be employed, two disable persons shall be deemed to be employed for calculation.

Article 6 All employers shall, by the end of each year, submit the Employee Information Sheet to the disabled person labor and employment service institution, truthfully filling out the number of in-service employees, the number of employed disabled person(s) and other information of the employers.

Article 7 Any employer whose disabled employees arranged account for the percentage lower than the threshold shall pay the disabled person employment guarantee funds to the disabled person labor and employment service institution on the basis of the number of persons involved in the balance.
The disabled person labor and employment service institution shall determine the list of employers that shall pay disabled person employee guarantee funds and the amount payable, and shall issue the Notice on the Payment of Disabled Person Employment Guarantee Funds, according to the average annual wage paid to employees in Beijing Municipality in the previous year as released by the municipal statistics bureau and the Employee Information Sheet filled in by employers.
If the disabled person employment guarantee funds fail to be paid or fully paid within the prescribed time limit without justified reasons, the disabled person labor and employment service institution shall calculate and collect the overdue fine to the extent of 5‰ of the overdue payment every day.

Article 8 Where the employer needs the delayed payment, the cut or exemption of the disabled person employment guarantee funds due to the loss or any other reason, such matter shall, based on the annual financial settlement or final account statement verified by the financial department or tax department at the same level, be reported to the disabled person work coordination committee of the people's government of the district or county where the employer is located for review and approved by the disabled person work coordination committee of the municipal people's government.

Article 9 The disabled person employment guarantee funds shall be used to:
1.
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