The Issues On The Legal Protection Of The Employment Right Of Disabled Persons

At present, our country is in the period of the social structure transformation. But the social structure transformation will inevitably lead to the diversity of social rights. So the country have to ensure the realization of their rights through the establishment of a series of laws and regulations, in order to coordinating the social interests of different interest groups and classes to maintaining social steady development.The disabled employment rights shall be protected by law as an important means of this group for disabled to participate in social economic development. Because the disabled existing physical or mental defects, not like a normal person general rapidly adapt to the change of social environment, which often be regarded as "different species" in society. This kind of unreasonable isolation phenomenon especially reflected in the process of participation in society. For the disabled to establish good employment security system, promote the disabled workers ability of obtain employment, obtaining material and spiritual double satisfaction in the labor, is the most effective way to help the disabled to get rid of poverty and discrimination. Protection for employment the realization of the right, can not only guarantee the disabled and their families’ vital interests, and help deepen the rule of law construction and create a harmonious social environment. Our government continuously strengthen the employment of the disabled rights legal security system construction, and has initially established a with the constitution to protect the core, the labor law, the law on the protection of disabled persons and so on department laws and regulations for the supplement of legal protection frame. But our country concerning the labor employment security legal system is still not perfect, the legal content lags behind, the government supervision strength is insufficient, makes the employment of the disabled rights realization encounter many obstacles. Therefore the author proposes that we should consummate the disabled security legal system, and emphasize the equal employment of the disabled people right, strengthen the disabled employment service agencies and employment security payments management, and strengthen the government to the disabled employment right security supervision and specific measures.This paper mainly discussed employment of disabled rights guarantee from the following several parts:The first part, the first ensure the disabled employment right of the basic concepts, discussed the right of the employment of the disabled right attribute, and clarify it have important significance to perfect the employment of the disabled rights legal security system.The second part, the paper introduces the basic situation of security of the right of the employment of the disabled in China. Firstly is the employment of the disabled, including employment rate, employment pattern and existing problems in the employment of the disabled. Secondly discussed the disabled employment right legal status, including from the national legislation to the analysis of the specific local legislation. Finally analyzes the poor reason of the influence for employment right legal protection.The third part, this paper discusses the employment of disabled rights security legal system of international and the foreign developed countries. Through the comparative analysis, use foreign beneficial system measures for reference.The fourth part, according to our country the disabled employment right legal protection existing problems, from our country legislation, law enforcement and judicial and social supervision four aspects to perfect related defects.The fifth part, the conclusion. The paper’s content to sum up, and again ensuring their employment right to our country legal system perfect and social stability is of great significance.