Remake On The Legal Protection Of The Employment Right Of The Disabled In Our Country

Employment is the foundation of people’s livelihoods. For the disabled, being employedis not only the important way to be independent and to realize their own value; it is but alsothe important symbol of a nation’s economic development level and the advancement ofsociety and civilization. Therefore, the employment situation of the disabled is internationallyconcerned. The legal protection of the employment right of the disabled is an important part ofthe social security system. It is also the most powerful guarantee of protecting the rights of thedisabled, and the basic guarantee of their employment rights. Only under the guarantee andsupport of the law, can other policies and measures in protecting the employment rights of thedisabled be better practiced. For the disabled, being employed can help them bettercommunicate with the society and realize their own value, but in real life, they may encounterwith all kinds of difficulties. The employment problem concerns the realization of the valuesfor the disabled and the harmony of their families and even the whole society, and it is also animportant reflection of realizing human rights of the disabled.Job security construction efforts for the disabled in our country’s legal system have neverbeen stopped. Although started late, the legal protection coverage for the rights of the disabledis broad, trying to make legal protection of employment for the disabled the most effective andthe most basic means. However, because of the law content lag, the low legislative level andlack of law execution of our country, it is very urgent to perfect the disabled employment legalsecurity system. Only protecting the employment of the disabled from the legal aspects in thefirst place, can it be better realized the full employment of disabled persons, to promote thedisabled employment service work to develop in the direction of institutionalization,standardization and legalization, to provide strong legal protection for the disabled to fullyenjoy the achievements of economic development.This paper tries to study the current legal system of employment for the disabled in ourcountry, the present legislation situation and existing problems, and the security system of theemployment laws for the right of the disabled, applying the relevant theories of jurisprudenceand the sociological statistics. In this paper, section one defines the concepts of the disabledand their employment rights respectively, applying the method of concept analysis, starting from the meaning of the right to employment for the disabled. Using the professionallegal knowledge gained during the period of school learning, the author analyzes the nature ofthe employment rights of the disabled, namely the beneficial right, the equal employment right,and the right of social support. Section two analyzes the present employment status and thelegislative status in our country for the disabled using the method of data analysis, in order tofind out the question knot which serves as a steppingstone to put forward the correspondingsolutions in the following article. Section three using the method of comparative analysis,studies the advanced experience of legislation and its system for the disabled abroad, andsimply compares it with the existing legal system in our country. Finally, from the point ofperfecting employment legislation, law enforcement, and legal aids of the legal protectionsystem for the disabled, this section aims at putting forward some relevant suggestions for theproblems existing in section three, in order to strengthen the regulation and standardize theemployment of the disabled, hoping to offer certain help in protecting the rights ofemployment of the disabled and promoting the full employment of disabled people in ourcountry.Section three discusses the issue of how to deal with the employment right of the disabledby law. First, we should insist on the special protection, treating disabled in social model.Disability is social responsibility, none than a personal problem. So we ought to draw upagainst Employment discrimination law, define standard of discrimination and distributeburden reasonable. To amend law of the People’s Republic of China on the Protection ofDisabled Persons, including cancel the employment in proportion system gradually. We shouldconsummate relief mechanism, complete the disabled rehabilitation measures, strengthenemployment at all stages of the legal aid.This paper biggest innovation point is: putting forward the standard of discrimination.Discrimination standard plays a pivotal role in against disabled employment discrimination,and is the basis of the employment right of the disabled.