Remake On The Legal Protection Of The Employment Right Of The Disabled In Our Country

Labor is every citizen's right and duty, the employment right is an important right of citizens, the disabled have right and duty of labor participation, but also enjoy the right to employment, the State also to protect the employment right of the disabled. Disabled right of employment, refers to the employment eligibility of the disabled, access to employment with income, including the right of equal employment and choice of occupation, the right of earn income, the right of rest the right to access to labor safety and protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare. The employment of the disabled is not only the sign of enjoyment of their basic civil rights, but also the key to achieve their value of life. Protecting the employment rights of the disabled is a prerequisite to solve the problem of employment, but also the foundation to improve their living conditions social status, participation of social life foundation.Because of the physical or mental limitations, the disabled often in a weak position, in the job market, their employment right is often difficult to be achieved, along with social progress, development of the times, how to protect the employment rights of the disabled promote employment of the disabled has become a problem that our government needs to be seriously to be faced now. Therefore, the study of the employment right of the disabled has a very important theoretical and practical significance.Our Government has always maximize the employment of the disabled since the PRC was founded, especially after 1978,the government has increased the construction of the law system of the employment of the disabled, so far the government has established the legal framework that the constitution as the core and adapt to market economy, and protect the employment right of the disabled, so that legal protection become the most effective and most basic means to achieve the employment of the disabled. However, due to the imperfect legislative system, the legal content of lag, lack of coercive power, making the realization of the right employment of the disabled met with a number of practical difficulties and resistance. This paper on the employment right of the disabled to explore this issue, that may hope the laws and regulations on the employment of the disabled to further improve, in order to play a certain role to protect the achievement of the employment right of the disabled and promote the employment of the disabled.This paper was divided into five parts, the first part is about the attribute analysis of the employment rights of the disabled, pointing out that the employment right of the disabled is an important human right, a right to equality, a right to social assistance. Te second part describes the legislation status concerning the employment of the disabled, recalling the provisions of employment legislation of the disabled, highlighting the legal protection of employment right of the disabled after the PRC was founded, giving the detailed definition of the content of the employment of the disabled, introducing the way to achieve the employment right. The third part introduces the employment status of the disabled and the negative factors that the employment right of the disabled. The fourth part describes the legal protection of the employment right of the disabled of other countries.The fifth part describes the provision of improving the legal safeguards regime of the employment right of the disabled about the legislation, law enforcement, judicial relief, legal aid.