China

Region: Asia

RELEVANT LEGISLATION

The Constitution (1982, amended in 1988, 1993, 1999 and 2004) guarantees equal rights for all citizens and specifically Article 45 states the provision of special protection for people in need, including persons with disabilities.

The Law on the Protection of Disabled Persons, enacted in 1991 and amended in 2008, safeguards
the rights of people with disabilities. Among issues addressed are: rehabilitation, education, employment, cultural life, welfare, access, and legal liability. The amendment added details about stable financial support, better medical care and rehabilitation for people with disabilities, along with favourable employment and tax measures.

Regulations on the Employment of Persons with Disabilities (2007) formulates overall plans for employment of disabled persons and create conditions for their employment.

China Disability Law is formulated in accordance with the Constitution for the purpose of protecting the lawful rights and interests of, and developing undertakings for, disabled persons, and ensuring their equal and full participation in social life and their share of the material and cultural wealth of society.

Quota legislation

The Government has established a quota system that requires all public and private employers to reserve no less than 1.5% of job opportunities for persons with disabilities, in accordance with specific regulations established by local provincial governments. Those who fail to meet the required quota must pay a fee to the Disabled Persons Employment Security Fund, which in turn supports vocational training and job-placement services for people with disabilities. The taxation authorities and disabled peoples organizations are involved in the process of monitoring. Through initiatives such as tax incentives and financial, technical and other resource assistance, the Government supports welfare enterprises that recruit employees with disabilities and encourages people with disabilities to engage in self-employment.

Local government policy

Provincial Authorities specify the exact quota level; this may vary between Provinces.

 

Further information about the work of the ILO can be found here.

National business and disability networks or initiatives