Study On The Employment Right Of Handicapped

Under the Constitution, labour is every citizen's rights and ligations of persons with disabilities are no exception, the state also protect the abour rights of the disabled. Protecting and promoting the employment of persons with disabilities to improve the living conditions of persons with disabilities, and enhance social status, participation in social life and the basic premise of important ways.As society advances, the development of the times, how to establish and improve employment security system to protect and promote the employment of persons with disabilities, has become China's government needs to seriously deal with a problem. Therefore, the right to employment of persons with disabilities is very important theoretical and practical significance.This paper is divided into four parts:The first part mainly expounded the concept of the right to employment of persons with disabilities, attributes and the contents of the right to employment of persons with disabilities. China's "Law on the Protection of Disabled Persons", the "Labor Law" and "Vocational Education Act" and other laws and regulations have given people with extensive real and effective protection of the right to employment, we can see that the right to employment of persons with disabilities is a very important right. Labor employment means that people with disabilities have the ability to work and employment aspirations of people with disabilities in social work, and achieved a return or income activities. Of this paper is to discuss the employment of persons with disabilities have the right to refer only to labor and employment aspirations of the right to employment of persons with disabilities. The right to employment of persons with disabilities include the following specific elements: From a logical structure, the nature of the right to freedom of the level of career people with the right to equality and the right to employment of persons with disabilities are the dominant factor, and social dimensions of the nature of the right to access to persons with disabilities the right to work is complementary, the two complement each other and reinforce each other.Part II discusses the employment of persons with disabilities in China's current status, problems and causes. Although the cause of employment of persons with disabilities in China has great progress, but on the protection of the right to employment of persons with disabilities with the developed countries there is still a considerable gap. With China's social modernization process of the development of an increasingly prominent problem of employment of persons with disabilities, people with social security undertakings as an important component of the disabled not only to its own interests, but also affect the process of modernization and social stability. At present people with the main problems facing the employment mainly in the following areas: people with careers too narrow; employment of persons with disabilities and the overall level of employment is a significant gap between disabled persons, social security policy is not yet sound enough, people with employment-related laws, regulations, and policies to be perfect; the employment of the disabled community the urgent need to improve the social environment. Employment of persons with disabilities is facing so many problems, for many reasons. From an objective environment, the employment of persons with disabilities in the competitive position of vulnerability, discrimination against persons with disabilities and prejudice, and formed a serious obstacle environment, restrict employment of persons with disabilities to equal participation in competition, the legal obstacles, the implementation of policies affecting employment of persons with disabilities work. Analysis of the subjective, people with the overall quality, employability and social demands are not suited great contradictions.The third major part of the foreign employment is how to protect the rights of persons with disabilities. The employment of persons with disabilities, to a certain degree of special protection measures, mainly prevent the arbitrary dismissal of workers with disabilities, and that employers are obliged to bear the responsibility of persons with disabilities integrate into the community. The international community generally believe that the vast majority of persons with disabilities have the ability to work, as long as appropriate assessment, training, placement and support, can be engaged in work. International Labour Conference "vocational rehabilitation and employment of persons with disabilities Convention," called on Member States to adopt laws and to take the necessary steps to enable persons with disabilities, and maintain a suitable career enhancement. Typical representatives of the developed countries Japan, Spain and France. The employment of persons with disabilities in developing countries on the protection of the right, far behind the developed countries as perfect and meticulous, but in developing countries it has been working tirelessly to improve the employment of people with the protection of the right.The fourth section sets out how the employment of persons with disabilities the right to relief. Improve the employment of persons with disabilities legal protection, a series of supplementary employment of persons with disabilities special protection laws and regulations to ensure the employment of persons with disabilities is that the Government as well as various organizations of persons with disabilities long-term and important work of establishing a set of conditions in line with the employment of persons with disabilities the protection of the legal system is to solve the problem of employment of persons with disabilities in China, the development of the cause of the handicapped an indispensable link. In short, the legislature is to protect the right to employment of persons with disabilities standardized system for the fundamental guarantee. Improve the employment of persons with disabilities the right to legal aid system. Employment of persons with disabilities the right to legal aid government responsibility embodied in the two aspects: First, States have the protection of persons with disabilities to achieve equal employment rights responsibilities. This is the existence as a political entity is reasonable premise, but also for the exercise of political, economic and social management of the corresponding rights conditions.