The Theory Of The Right Of The Disabled Person Employment Laws

The disabled is the social disadvantaged groups in the bottom of society. Tochange this situation, we must realize the employment right of the disabled. Toimprove the employment rights guarantee system of based on the basic theories ofensuring employment right of the disabled and domestic situation, to analysesregulations of the employment rights security.This paper is structured as follows:Section one introduces the basic information of “the employment right of thedisabled”, including its concept, nature and legal basis. The writer put forward thedifference between disability and handicap. Disability is not only disease, but also akind of obstacle. Disability does not just give rise to personal reasons，more becausesociety does not provide convenient facilities, or some system prevented the disabledcan’t live as normal person life.Section two discusses the present situation of the current employment fordisabled persons. The principal question includes employment rate low、employmentnarrow and employment discrimination. Then introduce employment pattern and thedisabled legal system. Employment pattern is consisted of concentrated employment,In proportion to the employment and selfemployment.Section three discusses the issue of how to deal with the employment right of thedisabled by law. First, we should insist on the special protection, treating disabled insocial model. Disability is social responsibility, none than a personal problem. So weought to draw up against Employment discrimination law, define standard ofdiscrimination and distribute burden reasonable. To amend law of the People’sRepublic of China on the Protection of Disabled Persons, including cancel theemployment in proportion system gradually. We should consummate reliefmechanism, complete the disabled rehabilitation measures, strengthen employment atall stages of the legal aid.This paper biggest innovation point is: putting forward the standard ofdiscrimination. Discrimination standard plays a pivotal role in against disabledemployment discrimination, and is the basis of the employment right of the disabled.