A Research On The Legal Protetion Of The Employment Right Of Disabled Persons

The total of physically and mentally challenged persons reached60million atpresent in China, which accounts for nearly5%of the population in our country. Thedisabilities covered one fifth of totaled more than200million people. There are24million workers with mentally and physically disabilities in their employment agestage and have the ability to be employed, including2.36million of urban residentsand19.74million of rural residents. Ensuring and promoting the resolution of thedisabled workers employments is an important and realistic problem in the course ofbuilding a moderately prosperous society in all respects. We need to diligentlysummarize rich experience we drew in the work of helping the handicapped find jobs,and strive to explore new ways of addressing the disabled jobs and ensuring theirlives correspond to Chinese specific national conditions. The United Nations issuedthe Declaration of Rights of Disabled Persons in1975, which defined the disabled asfollowed:"anyone due to congenital or non-congenital defects in mind and body andnot guarantee their normal individual lives and all or part of living necessities." It isobvious that the major difference between the disabled and normal persons lies in"due to defects and lose their all or part of abilities to obtain living necessities ontheir own." Getting a job is a basic approach for us to obtain living necessities. Apartfrom this,"Employment is more than a secure job, instead, it gives the disabledcourage and confidence to communicate with the society." However, the actualconditions of labor and employment rights of the disabilities laborers confronting thesharp conflict between the necessities and possibilities.We made gradually improved and progress labor policies and employmentprinciples and system, the employment of the handicapped is entering a newdevelopment stage. It is also a special part of the general plan of labor andemployment. The system of the employment of the disabilities convert from planning system to market-orientation, the approach of promoting employment ofthe handicapped changes from depend on the policies to the combination of variousdevelopment ways such as administration, economy, morality, education, law, andrapidly expanded the employment scale.Nevertheless, we need to aware that the following major problems exists in thecourse of the resolution of labor and employment rights of the handicapped:The discrepancy in the levels between the employment of the handicapped andthe overall employment, The relevant laws, regulations and policies of employmentof the disabilities urgently needed to be improved, their employment socialenvironments need to be improved and adjusted, their general qualities andemployment abilities need to be upgraded.The current severe employment situation, and the realistic conditions ofextreme gap lies in the levels between the employment of the handicapped and thegeneral employment. If we want to make the disabilities get adequate jobs, we needto set up and improve the system of ensuring the disabilities to obtain their jobs. Inthis way, the handicapped can be guaranteed by stronger law enforcement, moreactive policy supports and more effective social assistances. We must strengthenefforts the ensure their employment rights in legislative, administrative and judicialaspects.