KYB CHINA(2007年2月14日国务院第169次常务会议通过 2007年2月25日中华人民共和国国务院令第488号公布 自2007年5月1日起施行)
(Adopted at the 169th Executive Meeting of the State Council on February 14, 2007, promulgated by Decree No. 488 of the State Council of the People's Republic of China on February 25, 2007, and effective as of May 1, 2007)
总则
General Provisions
为了促进残疾人就业，保障残疾人的劳动权利，根据《中华人民共和国残疾人保障法》和其他有关法律，制定本条例。
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, with a view to promoting the employment of persons with disabilities and safeguarding their labor rights.
国家对残疾人就业实行集中就业与分散就业相结合的方针，促进残疾人就业。
The State adopts a policy of combining centralized employment with decentralized employment for persons with disabilities to promote their employment.
县级以上人民政府应当将残疾人就业纳入国民经济和社会发展规划，并制定优惠政策和具体扶持保护措施，为残疾人就业创造条件。
People's governments at or above the county level shall incorporate the employment of persons with disabilities into national economic and social development plans, and formulate preferential policies and specific support and protection measures to create conditions for the employment of persons with disabilities.
机关、团体、企业、事业单位和民办非企业单位(以下统称用人单位)应当依照有关法律、本条例和其他有关行政法规的规定，履行扶持残疾人就业的责任和义务。
State organs, social organizations, enterprises, institutions, and private non-enterprise units (hereinafter collectively referred to as employing units) shall, in accordance with relevant laws, these Regulations, and other relevant administrative regulations, fulfill their responsibilities and obligations to support the employment of persons with disabilities.
国家鼓励社会组织和个人通过多种渠道、多种形式，帮助、支持残疾人就业，鼓励残疾人通过应聘等多种形式就业。禁止在就业中歧视残疾人。
The State encourages social organizations and individuals to help and support the employment of persons with disabilities through various channels and forms, and encourages persons with disabilities to seek employment through various means such as job applications. Discrimination against persons with disabilities in employment is prohibited.
残疾人应当提高自身素质，增强就业能力。
Persons with disabilities shall improve their own quality and enhance their employability.
各级人民政府应当加强对残疾人就业工作的统筹规划，综合协调。县级以上人民政府负责残疾人工作的机构，负责组织、协调、指导、督促有关部门做好残疾人就业工作。
People's governments at all levels shall strengthen overall planning and comprehensive coordination of the employment of persons with disabilities. The agencies responsible for the work of persons with disabilities under the people's governments at or above the county level shall organize, coordinate, guide, and supervise the relevant departments in carrying out the employment work for persons with disabilities.
县级以上人民政府劳动保障、民政等有关部门在各自的职责范围内，做好残疾人就业工作。
The labor and social security, civil affairs, and other relevant departments under the people's governments at or above the county level shall, within their respective functions and duties, carry out the employment work for persons with disabilities.
中国残疾人联合会及其地方组织依照法律、法规或者接受政府委托，负责残疾人就业工作的具体组织实施与监督。
The China Disabled Persons' Federation and its local organizations shall, in accordance with laws, regulations, or upon entrustment by the government, be responsible for the specific organization, implementation, and supervision of the employment work for persons with disabilities.
工会、共产主义青年团、妇女联合会，应当在各自的工作范围内，做好残疾人就业工作。
Trade unions, the Communist Youth League, and women's federations shall, within their respective scopes of work, carry out the employment work for persons with disabilities.
各级人民政府对在残疾人就业工作中做出显著成绩的单位和个人，给予表彰和奖励。
People's governments at all levels shall commend and reward units and individuals that have made outstanding achievements in the employment work for persons with disabilities.
用人单位的责任
Responsibilities of Employing Units
用人单位应当按照一定比例安排残疾人就业，并为其提供适当的工种、岗位。
Employing units shall arrange employment for persons with disabilities in a certain proportion and provide them with suitable types of work and positions.
用人单位安排残疾人就业的比例不得低于本单位在职职工总数的1.5%。具体比例由省、自治区、直辖市人民政府根据本地区的实际情况规定。
The proportion of persons with disabilities employed by an employing unit shall not be less than 1.5% of the total number of its on-the-job employees. The specific proportion shall be prescribed by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government based on the actual conditions of their respective regions.
用人单位跨地区招用残疾人的，应当计入所安排的残疾人职工人数之内。
Where an employing unit recruits persons with disabilities from other regions, such persons shall be counted in the number of disabled employees arranged by the unit.
用人单位安排残疾人就业达不到其所在地省、自治区、直辖市人民政府规定比例的，应当缴纳残疾人就业保障金。
If an employing unit fails to meet the proportion prescribed by the people's government of the province, autonomous region, or municipality directly under the Central Government where it is located, it shall pay an employment security fund for persons with disabilities.
政府和社会依法兴办的残疾人福利企业、盲人按摩机构和其他福利性单位(以下统称集中使用残疾人的用人单位)，应当集中安排残疾人就业。
Welfare enterprises for persons with disabilities, massage institutions for the blind, and other welfare units (hereinafter collectively referred to as employing units that centrally employ persons with disabilities) established by the government and society in accordance with the law shall centrally arrange employment for persons with disabilities.
集中使用残疾人的用人单位的资格认定，按照国家有关规定执行。
The qualification recognition of employing units that centrally employ persons with disabilities shall be carried out in accordance with the relevant provisions of the State.
集中使用残疾人的用人单位中从事全日制工作的残疾人职工，应当占本单位在职职工总数的25%以上。
In employing units that centrally employ persons with disabilities, the number of disabled employees engaged in full-time work shall account for no less than 25% of the total number of on-the-job employees of the unit.
用人单位招用残疾人职工，应当依法与其签订劳动合同或者服务协议。
When recruiting disabled employees, employing units shall sign labor contracts or service agreements with them in accordance with the law.
用人单位应当为残疾人职工提供适合其身体状况的劳动条件和劳动保护，不得在晋职、晋级、评定职称、报酬、社会保险、生活福利等方面歧视残疾人职工。
Employing units shall provide disabled employees with working conditions and labor protection suitable for their physical conditions, and shall not discriminate against disabled employees in terms of promotion, rank advancement, professional title evaluation, remuneration, social insurance, living welfare, etc.
用人单位应当根据本单位残疾人职工的实际情况，对残疾人职工进行上岗、在岗、转岗等培训。
Employing units shall, based on the actual conditions of their disabled employees, provide them with training for job entry, on-the-job training, and job transfer training.
保障措施
Support Measures
县级以上人民政府应当采取措施，拓宽残疾人就业渠道，开发适合残疾人就业的公益性岗位，保障残疾人就业。
People's governments at or above the county level shall take measures to broaden employment channels for persons with disabilities, develop public welfare positions suitable for persons with disabilities, and ensure the employment of persons with disabilities.
县级以上地方人民政府发展社区服务事业，应当优先考虑残疾人就业。
When developing community service undertakings, local people's governments at or above the county level shall give priority to the employment of persons with disabilities.
依法征收的残疾人就业保障金应当纳入财政预算，专项用于残疾人职业培训以及为残疾人提供就业服务和就业援助，任何组织或者个人不得贪污、挪用、截留或者私分。残疾人就业保障金征收、使用、管理的具体办法，由国务院财政部门会同国务院有关部门规定。
The employment security fund for persons with disabilities collected in accordance with the law shall be included in the fiscal budget and used exclusively for vocational training of persons with disabilities and for providing employment services and employment assistance to persons with disabilities. No organization or individual may embezzle, misappropriate, intercept, or privately distribute such funds. The specific measures for the collection, use, and management of the employment security fund for persons with disabilities shall be formulated by the finance department of the State Council jointly with the relevant departments of the State Council.
财政部门和审计机关应当依法加强对残疾人就业保障金使用情况的监督检查。
The finance department and audit authorities shall, in accordance with the law, strengthen supervision and inspection of the use of the employment security fund for persons with disabilities.
国家对集中使用残疾人的用人单位依法给予税收优惠，并在生产、经营、技术、资金、物资、场地使用等方面给予扶持。
The State shall grant tax preferences to employing units that centrally employ persons with disabilities in accordance with the law, and provide support in terms of production, operation, technology, funds, materials, and site use.
县级以上地方人民政府及其有关部门应当确定适合残疾人生产、经营的产品、项目，优先安排集中使用残疾人的用人单位生产或者经营，并根据集中使用残疾人的用人单位的生产特点确定某些产品由其专产。
Local people's governments at or above the county level and their relevant departments shall determine products and projects suitable for production and operation by persons with disabilities, give priority to arranging production or operation by employing units that centrally employ persons with disabilities, and determine certain products to be exclusively produced by such employing units based on their production characteristics.
政府采购，在同等条件下，应当优先购买集中使用残疾人的用人单位的产品或者服务。
In government procurement, under equal conditions, priority shall be given to purchasing products or services from employing units that centrally employ persons with disabilities.
国家鼓励扶持残疾人自主择业、自主创业。对残疾人从事个体经营的，应当依法给予税收优惠，有关部门应当在经营场地等方面给予照顾，并按照规定免收管理类、登记类和证照类的行政事业性收费。
The State encourages and supports persons with disabilities to choose their own jobs or start their own businesses. For persons with disabilities engaged in self-employment, tax preferences shall be granted in accordance with the law, relevant departments shall provide care in terms of business premises, etc., and administrative fees for management, registration, and certification shall be exempted in accordance with regulations.
国家对自主择业、自主创业的残疾人在一定期限内给予小额信贷等扶持。
The State shall provide support such as micro-credit to persons with disabilities who choose their own jobs or start their own businesses within a certain period.
地方各级人民政府应当多方面筹集资金，组织和扶持农村残疾人从事种植业、养殖业、手工业和其他形式的生产劳动。
Local people's governments at all levels shall raise funds through various channels, organize and support rural persons with disabilities to engage in planting, breeding, handicrafts, and other forms of production labor.
有关部门对从事农业生产劳动的农村残疾人，应当在生产服务、技术指导、农用物资供应、农副产品收购和信贷等方面给予帮助。
Relevant departments shall provide assistance to rural persons with disabilities engaged in agricultural production labor in terms of production services, technical guidance, supply of agricultural materials, purchase of agricultural and sideline products, and credit.
就业服务
Employment Services
各级人民政府和有关部门应当为就业困难的残疾人提供有针对性的就业援助服务，鼓励和扶持职业培训机构为残疾人提供职业培训，并组织残疾人定期开展职业技能竞赛。
People's governments at all levels and relevant departments shall provide targeted employment assistance services to persons with disabilities who have difficulty in finding employment, encourage and support vocational training institutions to provide vocational training for persons with disabilities, and organize regular vocational skills competitions for persons with disabilities.
中国残疾人联合会及其地方组织所属的残疾人就业服务机构应当免费为残疾人就业提供下列服务：
The employment service institutions for persons with disabilities affiliated with the China Disabled Persons' Federation and its local organizations shall provide the following services free of charge for the employment of persons with disabilities:
(一)发布残疾人就业信息；
(1) Publishing employment information for persons with disabilities;
(二)组织开展残疾人职业培训；
(2) Organizing and carrying out vocational training for persons with disabilities;
(三)为残疾人提供职业心理咨询、职业适应评估、职业康复训练、求职定向指导、职业介绍等服务；
(3) Providing services such as vocational psychological counseling, vocational adaptability assessment, vocational rehabilitation training, job-seeking orientation guidance, and job placement for persons with disabilities;
(四)为残疾人自主择业提供必要的帮助；
(4) Providing necessary assistance to persons with disabilities in choosing their own jobs;
(五)为用人单位安排残疾人就业提供必要的支持。
(5) Providing necessary support to employing units in arranging employment for persons with disabilities.
国家鼓励其他就业服务机构为残疾人就业提供免费服务。
The State encourages other employment service institutions to provide free services for the employment of persons with disabilities.
受劳动保障部门的委托，残疾人就业服务机构可以进行残疾人失业登记、残疾人就业与失业统计；经所在地劳动保障部门批准，残疾人就业服务机构还可以进行残疾人职业技能鉴定。
Upon entrustment by the labor and social security department, employment service institutions for persons with disabilities may conduct unemployment registration and employment and unemployment statistics for persons with disabilities; with the approval of the local labor and social security department, such institutions may also conduct vocational skill appraisal for persons with disabilities.
残疾人职工与用人单位发生争议的，当地法律援助机构应当依法为其提供法律援助，各级残疾人联合会应当给予支持和帮助。
Where a dispute arises between a disabled employee and an employing unit, the local legal aid institution shall provide legal aid in accordance with the law, and the disabled persons' federation at all levels shall provide support and assistance.
法律责任
Legal Liability
违反本条例规定，有关行政主管部门及其工作人员滥用职权、玩忽职守、徇私舞弊，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，依法给予处分。
Where, in violation of these Regulations, the relevant administrative departments and their staff members abuse their powers, neglect their duties, or engage in malpractices for personal gain, if the act constitutes a crime, criminal liability shall be pursued in accordance with the law; if it does not constitute a crime, sanctions shall be imposed in accordance with the law.
违反本条例规定，贪污、挪用、截留、私分残疾人就业保障金，构成犯罪的，依法追究刑事责任；尚不构成犯罪的，对有关责任单位、直接负责的主管人员和其他直接责任人员依法给予处分或者处罚。
Where, in violation of these Regulations, the employment security fund for persons with disabilities is embezzled, misappropriated, intercepted, or privately distributed, if the act constitutes a crime, criminal liability shall be pursued in accordance with the law; if it does not constitute a crime, sanctions or penalties shall be imposed on the responsible unit, the directly responsible person in charge, and other directly responsible persons in accordance with the law.
违反本条例规定，用人单位未按照规定缴纳残疾人就业保障金的，由财政部门给予警告，责令限期缴纳；逾期仍不缴纳的，除补缴欠缴数额外，还应当自欠缴之日起，按日加收5‰的滞纳金。
Where, in violation of these Regulations, an employing unit fails to pay the employment security fund for persons with disabilities as required, the finance department shall issue a warning and order payment within a specified period; if payment is still not made after the expiration of the period, in addition to making up the overdue amount, a late fee of 5‰ per day shall be charged from the date the payment became overdue.
违反本条例规定，用人单位弄虚作假，虚报安排残疾人就业人数，骗取集中使用残疾人的用人单位享受的税收优惠待遇的，由税务机关依法处理。
Where, in violation of these Regulations, an employing unit practices fraud by falsely reporting the number of disabled persons employed to obtain the tax preferences enjoyed by employing units that centrally employ persons with disabilities, the tax authorities shall handle the matter in accordance with the law.
附则
Supplementary Provisions
本条例所称残疾人就业，是指符合法定就业年龄有就业要求的残疾人从事有报酬的劳动。
For the purposes of these Regulations, "employment of persons with disabilities" means that persons with disabilities who meet the statutory working age and have employment requirements engage in remunerative labor.
本条例自2007年5月1日起施行。
These Regulations shall come into force as of May 1, 2007.