The Principle Of Reasonable Accommodation For The Disabled On Employment Rights

Today, protecting the interests of people with disabilities is one of the concern issues tothe international community. From a global perspective, the modern states of democraticprovide that all citizens have nondiscrimination and equal rights, all citizens, regardless ofgender, ethnicity, religion, health or disabled have the equal rights. China is on the state ofsocial transition, the study of job security on the disabled should have an innovation oninstitutional and make reconstructed on concept. In this paper, it uses the methods of practicalways, studying the concept, practices, and norms content about the principle of reasonableaccommodation. It also makes a necessity analysis and practical argumentation about how ourcountry could adopt the principle of reasonable accommodation on job security on thedisabled. Suggested that making the principle of reasonable accommodation into the idea ofthe theory and practice of employment protection of persons with disabilities, to support theimprove of the security system on employment rights of persons with disabilities,so thatpeople with disabilities can better integrate into society and realize their value.Apart from the introduction and conclusion, this paper is divided into three parts, a totaltwenty thousands words.Part I, the definition of the employment rights of persons with disabilities. Our definitionabout persons with disabilities differs from foreign legislation and international conventions,our country don’t make social environment and attitudes as defined factors into considerationof people with disabilities, mostly the disability itself just see people with disabilities from thedisability itself. Generally, the employment of labor rights of persons with disabilities includethe following:(1) the right to have equal employment opportunity;(2) the right to getcompensation:(3)the right to get labor safety;(4)the right to have the opportunity on skillstraining;(5) The right to rest and vacation;(6)others.Part II, the concept, practices, and norms content about the principle of reasonableaccommodation. It is the focus of this paper. This part makes a detail studying about theconcept, practices, and norms content on the principle of reasonable accommodation. Theprinciple of reasonable accommodation requested the Government or the employer to makechanges or adjustments to the job or work environment for qualified people with disabilitiesto perform the tasks that workers with disabilities enjoy the same benefits and privileges.Employers need to provide workers with disabilities reasonable accommodation, is an obligation imposed by a law, of course, this obligation is limited:(1) The employer’sresponsibility to provide convenience only applies to "eligible" to complete the tasks ofworkers with disabilities;(2) Employers to provide reasonable accommodation would beaffected by "excessive burden" restriction, when employers provide facilitate will bringingundue hardship, the employer may waive this obligation. The workers with disabilities havethe right to require employers provide reasonable accommodation conditions, employers haveactive duty to provide reasonable accommodation for disabled workers, the employer refusedto provide a "qualified" workers with disabilities reasonable accommodation conditions willconstitute employment discrimination, and this is prohibited by law.Part III, makes a necessity analysis and practical argumentation about how our countrycould adopt the principle of reasonable accommodation on job security on the persons withdisabilities. At present, China’s employment laws, regulations and policies exist to protectpeople with disabilities are not imperfect, the local governments do not concerns theemployment issue of the people with disabilities seriously, the employer do not have a strongsense of social responsibility. Adopting the principle of reasonable accommodation, it isnecessary to analyze the philosophy and practice. On the one hand, the principle of reasonableaccommodation and the concept that give persons with disabilities equal protection areclosely linked and complement each other. On the other hand, adopting the principle ofreasonable accommodation has the possibility on practice. First, we need to improve ourexisting legal system about Employment Security on disabled person. Secondly, the principleof reasonable accommodation should be included into the government administrativedecisions:(1)the government agencies should reform or adjustment, just to provide morefavorable conditions for workers with disabilities, which can widely absorb the disabledpersons;(2) the government should give special assistance to people with disabilities based onthe principle of reasonable accommodation;(3) the government should give those employersmore assistance,which providing reasonable accommodation for the persons with disabilities.Finally, the employer should make the principle of reasonably convenient into theirproduction and management philosophy, if it does not bring undue burden on production andoperation of the unit, the employer should provide reasonable accommodation to disabled workers in appropriate form.