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Measures for Decentralized Arrangement of Employment for Persons with Disabilities in Shanghai Municipality
Article 1 These Measures are formulated in accordance with the relevant provisions of the Measures for the Implementation of the Law of the People's Republic of China on the Protection of Persons with Disabilities in Shanghai. Article 2 The Municipal, District and County People's Government Coordinating Committee for the Work of Persons with Disabilities (hereinafter referred to as the Municipal, District and County Coordinating Committees) shall be the competent authority for the decentralized employment of persons with disabilities in this municipality, and shall be underpinned by the municipal, district and county labor service agencies for persons with disabilities. Article 3 Any unemployed disabled person who has a permanent residence in the city, meets the legal age for employment, has a request for employment, can take care of himself and has a certain degree of ability to work, shall be the object of the decentralized employment arrangement under this method.

Persons with disabilities who have been centrally employed in welfare factories (farms) run by towns, streets and residents' committees, as well as persons with disabilities in individual industrial and commercial enterprises, are not subject to the decentralized employment arrangement of these measures. Article 4 State organs, social organizations, enterprises (including foreign-invested enterprises and enterprises invested by Hong Kong, Macao and Taiwan businessmen, the same hereinafter), institutions and urban collective economic organizations within the jurisdiction of the city shall arrange for the employment of persons with disabilities in accordance with the ratio of one and a half percent of the number of employees on duty in the unit (including fixed, contracted, temporary and unplanned employees) (a blind person shall be counted as having two persons with disabilities). Exceptions are welfare enterprises and institutions that centrally arrange for the employment of the disabled.

The institutions referred to in the preceding paragraph include those that are fully funded, those that are poorly subsidized and those that are self-supporting. Article 5 State organs, social organizations, fully-funded institutions, and poorly-funded and subsidized institutions that have not reached the prescribed ratio of employment for persons with disabilities, shall leave the establishment quota for employment of persons with disabilities empty according to the number of persons in the quota.

Enterprises, urban collective economic organizations, and self-financing institutions that have not reached the prescribed ratio of employment for persons with disabilities shall pay the Employment Guarantee Fund for Persons with Disabilities according to the difference in the number of persons. Article 6 Each unit must report the annual changes in the number of active employees (including disabled employees) to the local district or county labor service agency for the disabled by the end of each year, and fill in the "Unit Employee Situation Table".

The "Unit Employee Information Form" is uniformly printed by the Municipal Coordination Committee. Article 7 The labor service agencies for the disabled in the districts and counties shall, based on the average annual wages of the employees in the city in the previous year published by the municipal Bureau of Statistics and the Unit Employee Information Forms filled in by the units, determine the list of the units that are required to pay the Employment Guarantee Fund for the Disabled and the amount of money they are required to pay, and then issue a Notice of Payment of Contributions to the Employment Guarantee Fund for the Disabled. Article 8 Units that are required to pay into the Employment Security Fund for the Disabled must pay into the Employment Security Fund for the Disabled according to the bank account, the amount to be paid, and the time limit for payment set forth in the Notice of Contribution. Article 9 Units that are required to defer or reduce their contributions to the Employment Security Fund for the Disabled due to losses or other reasons must submit their annual financial statements or accounts approved by the finance and taxation department of the same level to the coordinating committees of the districts and counties where they are located for examination and approval by the municipal coordinating committees. Article 10 the employment guarantee fund for the disabled by the municipal coordinating committee commissioned by the municipal labor service agency for the disabled unified management. Specific management methods shall be separately formulated by the municipal coordination committee. Article 11 The scope of use of the Employment Guarantee Fund for the Disabled:

(1) Subsidies for the costs of pre-employment vocational training for the disabled;

(2) Subsidies for the costs of modifying the equipment and facilities required for arranging the employment of the disabled;

(3) Borrowings to support the start-up of the collective economic organizations of the disabled and the disabled's individual industrial and commercial businesses (for a fee)

(4) Expenses of labor service agencies for the disabled ) Expenditures for the funding of labor service agencies for the disabled;

(v) Expenditures for incentives for units that have arranged for the employment of the disabled in excess of the ratio. Article 12 Rewards shall be given to units that have arranged for the employment of persons with disabilities in excess of the proportion by the labor service agencies of the districts or counties in which they are located after submitting them to the Municipal Coordination Committee for examination and approval. The standard of the reward shall be determined by the municipal coordinating committee. Article 13 A unit that arranges for the employment of persons with disabilities must recruit from among the unemployed persons with disabilities recommended by the labor service agency for persons with disabilities of the district or county in which it is located, and may not recruit from the community on its own. Article 14 If a unit fails to pay the Employment Guarantee Fund for the Disabled or fails to pay the full amount of the Fund without a valid reason, the municipal coordinating committee may, through a bank, transfer the amount from the unit's deposit account and charge a late fee of five ten-thousandths of a cent per day for the overdue portion of the payment. Article 15 The standards for the payment of the Employment Guarantee Fund for Persons with Disabilities paid by townships, villages and village-run enterprises whose employment of persons with disabilities has not reached the prescribed ratio, as well as the methods for its utilization, shall be separately stipulated by the people's governments of the districts or counties in which they are located. Article 16 The Municipal Coordination Committee shall be responsible for the interpretation of the specific application of these Measures. Article XVII of these Measures shall come into force on January 15, 1994,.