Legal Protection For Disabled Persons’ Equal Rights To Work

Disabled persons refer to those who have some psychological or physiological abnormalities,which within the obstacle surroundings constitute the barriers of their integration into the society,which result in the fact that they are rejected or isolated by the community. There are hugedifficulties in their employment because of the physiological, institutional, qualificatory,economical and ideational reasons. So that the law shall guarantee the disabled persons’ equalrights to work adequately. The owner of these rights is each individual disabled person instead of acertain group, and the obligated counterparts cover any other bodies. How to exercise the rightsinclude both action and omission. The aim of guaranteeing the rights is to pursue substantialequality. Collective employment is the traditional way to Legal protection for disabled persons’equal rights to work, which is unified in organization, fundamental in market, strongly invented bystate, relatively independent, etc. Although there are obviously both advantages and disadvantagesin it, and it ought to still exist as the main way for the employment of the severely disabled, insteadof the chief means of legal protection for disabled persons’ equal rights to work. Welfare enterprisefor disabled persons is the important form of collective employment n China. In terms of itsqualification, the rule that disabled employees must be more than ten should be eliminated, and lawshall give some protection to it by tax reducing, monopoly management and Governmentpreferential procurement. Proportion employment is the modern way to Legal protection fordisabled persons’ equal rights to work, which can guarantee the self-service option for bothemployees and employers, increase the fund for disabled persons’ employment, and promote theirintegration into the society. The rules regarding the proportion employment in China shall berefined as follows: in terms of the employees, the rule shall not ignore the disabled living in ruralarea, and shall distinguish different disability categories and disability degrees; in terms ofemployers, the public institution shall employ more disabled persons as a higher proportion thanthe private institution, and some special departments or some mini companies shall be exempt; in terms of measures of safeguards, the fund for disabled persons’ employment shall be imposed asthe fine program, and the illegal employees shall be exposured in media. In whether collectiveemployment or proportion employment, employers shall be imposed some extra duties. They cannot fire their disabled employees without governments’ admission. They ought to make reasonableadjustment for their disabled employees, unless it may cause overburden. Besides, disabled personscan get supports from employment service agencies held by authorities, private and NGU bothbefore and after their employment.