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Procedures of Shanghai Municipality on the Dispersed Placement for the Employment of the Handicapped
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| (Promulgated by the Shanghai Municipal People' s Government on December 20, 1993, and revised and re-promulgated in accordance with
the Decisions of the Shanghai Municipal People' s Government on the Revision of the Procedures of Shanghai Municipality on the Dispersed
Placement for the Employment of the Handicapped Issued on May 11, 2000) Article 1 These Procedures are formulated in accordance with the Procedures of Shanghai Municipality for the Implementation of the Law of the People' s Republic of China on the Protection of the Handicapped. Article 2 The Municipal and District/County Coordinating Committees for Affairs of the Handicapped (hereinafter referred to as the Municipal or District/County Coordinating Committee) are the competent departments for the employment of the handicapped, with Municipal and District/County Labor Service Agents attached to them. Article 3 These Procedures apply to those unemployed handicapped persons who have permanent urban residence in Shanghai Municipality, have reached the statutory age for employment, have the desire for employment, can take care of themselves in life, and have certain ability to work. Article 4 The state organs, public organizations, enterprises and institutions within the administrative area of Shanghai Municipality (hereinafter referred to as the unit) shall allocate a quota of 1.6% of the average number in their payroll lists of the previous year for the job placement of the handicapped (1 blind shall be calculated as 2 handicapped otherwise) with the exception of those welfare enterprises and institutions that accept concentrated job placement of the handicapped. Article 5 The unit that does not fulfil the specified quota for the job placement of the handicapped shall submit 1.6% of the gross account of salary of its employees in the previous year as the Employment Guarantee Fund for the Handicapped. However, if the unit' s average salary of the employees in the previous year exceeds a certain percentage of the municipal average salary in the previous year, the exceeding part shall not be calculated into the submission. The detailed percentage shall be formulated separately by the Municipal People' s Government. Article 6 Each unit shall, before the end of every February, fill in a form about the labor affairs of its enrolled employees and a form about the affairs of its handicapped employees, and submit them to the local District/County Labor Service Agent for the Handicapped. The Form about the Labor Affairs of the Enrolled Employees shall be supervised by Shanghai Municipal Statistics Bureau. The Form about the Labor Affairs of the Handicapped Employees shall be unitarily printed by the Municipal Coordinating Committee. Article 7 Within 30 days upon receiving the Form About the Affairs of the Handicapped Employees and the Form About the Labor Affairs of the Enrolled Employees, the District/County Labor Service Agent for the Handicapped shall examine and verify the unit' s job placement of the handicapped, and issue certificate of the actual quota of the job placement of the handicapped for the unit. The Agent shall also issue certificate for the unit that has fulfilled or exceeded the specified quota of the job placement of the handicapped exempting its submission of the Employment Guarantee Fund for the Handicapped, and issue a notice to the unit that has not yet fulfilled the specified quota of the job placement of the handicapped to submit its contribution to the Employment Guarantee Fund for the Handicapped. Article 8 The unit that has not fulfilled the specified quota of the job placement of the handicapped shall, in accordance with Article 5 of these Procedures, go to the social security agent attached to the Municipal Labor and Social Security Bureau (hereinafter referred to as the Social Security Agent) to submit its contribution to the Employment Guarantee Fund for the Handicapped. The time for collection of the Employment Guarantee Fund for the Handicapped is every May. The unit that has fulfilled the specified quota of the job placement of the handicapped shall submit to the Social Security Agent the certificate issued by the District/County Labor Service Agent for the Handicapped to prove that the unit has fulfilled the specified quota of the job placement of the handicapped. After being examined and approved, the unit can be exempted from the submission to the Employment Guarantee Fund for the Handicapped. Article 9 The unit that has employed some handicapped persons but has not yet reached the specified quota may, after submitting its contribution to the Employment Guarantee Fund for the Handicapped, apply to its local District/County Labor Service Agent for the Handicapped for the return of its contribution in proportion to the actual job placement of the handicapped in every June. The District/County Labor Service Agent for the Handicapped shall, within 1 month upon receiving the application, return its contribution in proportion to its actual job placement of the handicapped. Article 10 The Employment Guarantee Fund for the Handicapped shall be submitted into the account designated by the Municipal Coordinating Committee, and be entrusted to the Municipal Labor Service Agent for the Handicapped for the unitary management of the use of the Fund under the examination and supervision of the financial and auditing departments. The detailed collection and management procedures of the Employment Guarantee Fund for the Handicapped shall be formulated by the Municipal Coordinating Committee. Article 11 The Employment Guarantee Fund for the Handicapped shall be used to cover: 1. The encouragement bonus to the units that have exceeded the specified quota of the job placement for the handicapped; 2. The subsidy to the pre-employment training fees of the handicapped; 3. The loan (paid use) or subsidy to assist the individual handicapped persons to open their private business; 4. The subsidy to the investment on the equipment or facilities needed in the job placement of the handicapped; 5. The subsidy to the fees concerning the social security affairs of the handicapped; and 6. The operating expense of the labor service agents for the handicapped. Article 12 The District/County Labor Service Agent shall, in every September, after its application being verified and approved by the Municipal Coordinating Committee, reward the unit whose employment arrangement of the handicapped has exceeded the specified quota of the job placement of those people according to the actual number that exceed the quota. The reward standard may be exercised with reference to a certain percentage of the municipal average unit submission to the Social Security and Common Reserved Fund confirmed by the Municipal Coordinating Committee. Article 13 The unit may employ the handicapped person recommended by the local District/County Labor Service Agent, or through other approaches. The employment shall go through employment formalities according to the relevant state and municipal regulations. Article 14 The labor security administrative department shall order the unit that does not pay the Employment Guarantee Fund in accordance with the stipulation to pay it within a prescribed time limit. The unit that does not pay its contribution within the time limit shall be imposed a 0.5% overdue fine for each day delayed. The overdue fine shall be included into the Employment Guarantee Fund for the Handicapped. If a unit that still refuses to pay the Employment Guarantee Fund for the Handicapped, the labor security department may apply to the people' s court for legal enforcement, and may impose on the direct responsible executive and other direct responsible persons a fine of 1,000 to 20,000 yuan inclusive. Article 15 The personnel working in the labor security department, labor security agent for the handicapped and the social insurance agent shall abide by the law and enforce the law impartially. Those who neglect their duties, abuse their power, engage in malpractice for personal gains, extort and accept bribes, or pervert the law shall be given disciplinary sanction by their unit or the superior competent department. If their acts constitute a crime, the person concerned shall be prosecuted for his or her criminal liabilities according to law. Article 16 The standard and the application procedures of the submission to the Employment Guarantee Fund applied to the enterprises run by towns and villages that do not fulfil the specified quota of the job placement of the handicapped shall be separately formulated by the District/County People' s Government. Article 17 The Municipal Coordinating Committee shall be responsible for the interpretation of the specific application of these Procedures. Article 18 These Procedures shall become effective on January 15, 1994. |
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