On Legal Guarantee For The Disabled's Rights To Employment

The employment right for the disabled is that a disabled person entitled to gain a right for labor remuneration, including five rights: vocational obtaining, freedom in competition, equality on employment, vocational security and public guarantee to employment. The right to employment is the basis and premise of the right to work, no the right and no the rest right to work. Therefore, safeguarding the right of employment for the disabled, the key is the prerequisite to settle the employment for disabled persons, which may improve the condition, promote the social position, and participate in social life.The disabled lie in disadvantaged site in employment owing to a physical or intellectual limitation, and they often can not enjoy full right of employment. Legal guarantee of the disabled employment acts as the basic and efficient means to achieve their rights. Our government has always laid great emphasis upon the employment for the disabled. Especially since The Third Plenary Session of the Eleventh Central Committee, the legal safeguarding system for the disabled has been developing fast. Up to now, our country has initially established the legal frame of guaranteeing disabled persons' employment rights to meet market economy's demand. However, achieving the employment rights encounter difficulties and resistance, resulting from the imperfect contents, awkward legislation and lacking of legal force in the law frame.To reconstruct the idea of the science legal guaranteeing system, first of all, changing the old mind and setting up the new mind for the disabled, the employment rights of the group can effectively be safeguarded. Enacting employment controlled regulations around the axis of the vocational obtaining right for the disabled; enacting employment administration laws around the axis of the right to freedom for the group; enacting the disabled's Employment Non-Discrimination Act around the axis of the equal right (stress should be put on the formal equal right); making laws on employment protection of disabled persons around the axis of the vocational secure right (stress should be put on the substantive equal right), and making the employment service regulations and unemployment insurance regulations and etc. around the axis of public guarantee right to employment, at the result, the science legal guarantee system will be established, and completely safeguard the disabled's employment rights.