A: According to "Shanghai Implementation"
2. What are the rules for disabled people to continue studying in high schools, vocational schools and universities after receiving compulsory education?
A: According to "Shanghai Implementation"
3. What measures are there to help disabled students and children from poor disabled families go to school?
According to document no.1. 0 17 Shanghai Disabled Persons' Federation [1999] According to the spirit of the Notice on Implementation, eligible students with disabilities who have registered in this city, children of poor disabled families who have enrolled in school, disabled students with excellent academic performance and children of disabled families (including students from primary schools, middle schools, technical schools, vocational schools and universities) can enjoy the disabled students' funding fund. At the same time, the above-mentioned objects can also get school assistance in accordance with the relevant regulations of the education department.
What are the policies for tuition and miscellaneous fees for students with financial difficulties from disabled families attending primary and secondary schools and universities?
A:1On August 6, 1998, the Shanghai Municipal Education Commission and the Shanghai Municipal Finance Bureau issued the Measures for Paying and Remitting Tuition Fees by Stages for Primary and Secondary School Students in Shanghai and the Measures for Remitting and Remitting Tuition Fees for Students from Poor Families in Colleges and Universities in Shanghai, stipulating that primary and secondary schools in this city should allow students from poor families to pay preschool tuition fees by stages. Students with financial difficulties in disabled families can reduce or waive half or all tuition and fees as appropriate according to specific circumstances; Students with financial difficulties from disabled families in colleges and universities in Shanghai can reduce or waive part of their tuition fees as appropriate. (The above two measures have been implemented since the school year of 1999.)
According to Cai (1999) No.45 document of Shanghai Education Commission, primary and secondary school students with financial difficulties in this city can reduce or exempt half or all tuition and fees according to specific conditions.
How to handle the specific procedures for reducing part of tuition fees for primary and secondary school students with family difficulties of disabled people in this city?
A: The reduction and exemption procedures are handled once every semester. Students who apply for tuition and fees relief shall truthfully fill out the application form for tuition and fees relief in accordance with the regulations, explain the family income and difficulties in detail, and submit it to the school after being examined and sealed by the social assistance management office where the household registration is located. Primary and secondary schools, according to the specific situation of students' families, shall be reduced or exempted with the approval of school leaders.
Is there any subsidy for disabled people to participate in various higher vocational education and training?
A: According to the Shanghai Labor Service Center's Implementation Plan of Higher Vocational Education and Training for Disabled Persons in Shanghai (1996.4. 14), in order to improve the vocational ability and employment level of disabled persons, cultivate a group of high-level disabled persons who meet the needs of the market economy, and encourage qualified disabled persons to participate in higher vocational education and training in various adult schools in a decentralized way, first to their districts and counties.
Labor and social security
1 what is decentralized proportional employment for the disabled?
Answer: Decree No.53 (199365438+February 2 1) and Decree No.82 (May 2000 1 1) of the Shanghai Municipal People's Government stipulate that state organs, social organizations and enterprises (including foreign-invested enterprises, Hong Kong, Macao and Taiwan businessmen) within the jurisdiction of this Municipality.
What are the regulations for the employment of disabled people?
A: "The implementation in Shanghai.
What support policies does the government have for disabled people to organize themselves voluntarily to engage in business or start their own businesses?
A: "The implementation in Shanghai.
4. Can a former permanent employee with schizophrenia be dismissed for violating discipline?
Answer: According to the document No.33 (1993) of Hu Lao Zi, the former permanent workers are in a state of incapacity due to mental illness (subject to judicial appraisal), and they violate the factory discipline and regulations and should not bear the punishment responsibility.
5 What are the regulations for relieving the symptoms of mental patients and ensuring employment?
Answer: According to the Opinions and Notice of the General Office of Shanghai Municipal People's Government on Further Strengthening the Prevention and Management of Mental Illness in Shanghai [1996] No.2, unemployed mental patients who have permanent residence in this city, meet the legal employment age, have employment requirements, have alleviated their mental symptoms and have the ability to work should be guaranteed their employment rights by the labor department and relevant units in accordance with the relevant provisions of the Labor Law. The mentally ill and mentally disabled who have been employed (including those employed in various enterprises and institutions, psychiatric treatment stations and welfare factories) shall not be dismissed without special circumstances.
Under what circumstances can the employer not terminate the labor contract with the employee?
A: In order to protect the legitimate rights and interests of special workers, such as the old, the weak, the sick and the disabled, Article 29 of the People's Republic of China (PRC) Labor Law and Article 21 of the Shanghai Labor Regulations stipulate that the employing unit shall not terminate the labor contract of the workers through non-negligence or economic layoffs:
Suffering from occupational diseases or work-related injuries and losing or partially losing the ability to work through labor appraisal;
Sick or injured, within the prescribed medical treatment period (including extended medical treatment period);
Female employees during pregnancy, childbirth and lactation;
Having worked in this unit for 10 years, and within 3 years (including 3 years) from the statutory retirement age;
Other circumstances stipulated by laws and regulations.
Can disabled people retire early?
Answer: The first condition for early retirement, regardless of disability or not, must be determined by the Municipal Labor Ability Appraisal Committee as completely incapacitated according to Article 22 of the Shanghai Labor Contract. Only those who are qualified can go through the formalities of early retirement and resignation (men over 50 years old and women over 45 years old).
Do disabled people have a minimum wage and a minimum standard of living?
A: Regarding the minimum wage standard for employees in enterprises, Order No.90 of the Shanghai Municipal People's Government (implemented on June 1995 1) clearly stipulates that disabled people also enjoy equal rights with other citizens. According to the document [1999] No.66 issued by Shanghai Labor Insurance Bureau, the minimum wage for employees of enterprises in this city is 423 yuan/month from 1 July 19991day. Similarly, the minimum living security is also handled in accordance with the provisions of Shanghai Finance [1999] No.32 and [1999] No.42 "Notice on Improving the Minimum Living Security System for Urban Residents in Shanghai".
9. What are the provisions for the minimum living guarantee for severely disabled and unemployed people in this city?
Answer: According to the notices of Shanghai Civil Affairs Bureau, Shanghai Finance Bureau and Shanghai Disabled Persons' Federation (1998, 1 July), the target of protection is residents with permanent residence in this city, and 16-year-old people are assessed as disabled, unemployed, unable to work and unable to obtain economic income through labor.
What is the essential difference between the minimum living security for severely disabled unemployed people 10 and the minimum security line standard for urban residents' social assistance?
A: According to the relevant documents, all parties who meet the conditions of severe disability and unemployment will be implemented according to the minimum living guarantee for urban residents or the poverty alleviation standards in rural areas in that year and enjoy the minimum living guarantee for a long time. With regard to the minimum living security line for urban residents, according to Article 17 of the Measures for Social Assistance in Shanghai issued by Fa (1996) No.60, the standard of social assistance is ... The specific amount is determined according to the actual living standard of individuals or families submitting social assistance, so that their living standard is not lower than the minimum living security standard.
1 1 how to calculate the long holiday salary of enterprise employees in this city?
A: According to the spirit of Shanghai Labor Protection Law. 14 2000: 1. During the period of sick leave, the sick pay or disease relief fee paid by the enterprise shall not be less than 80% of the minimum wage standard of enterprise employees in this city in that year. 2. The minimum standard of sick pay or disease relief for enterprise employees does not include pension, medical care, unemployment insurance and housing accumulation fund that employees should pay.
12 how do people with physical disabilities or serious diseases deal with labor relations after the expiration of the trusteeship in the re-employment service center?
Answer: According to the provisions of the Notice of Shanghai Re-employment Office (98) No.25 on Handling Opinions on Labor Relations of Persons after the Term of Trusteeship in Re-employment Service Center; Re-employment service center for people with physical disabilities or diseases, terminate the custody agreement, according to different channels to implement the basic living security. After identification, it belongs to the scope of poverty caused by bereavement, which can be handled according to the existing relevant regulations. For those who are unethical and have difficulties in finding employment, the re-employment service center shall set standards and appoint a labor ability appraisal committee for appraisal. Meet the standards, approved by the re employment service center, the original enterprise can be responsible for the implementation of its basic living security; It is difficult for the original enterprise to implement, or the personnel entrusted by the bankrupt enterprise shall be implemented by the superior department of the enterprise.
13 can spouses and children who are not registered in cities and towns in this city enjoy the minimum living guarantee with the disabled in this city?
A: According to the Notice on Improving the Minimum Living Security System for Urban Residents in Shanghai, the family members (spouses and children) of employees who are not registered in Shanghai cities and towns are Shanghai Finance Society [1999] No.32 and No.42 [1999]. (notice of Shanghai civil affairs bureau on several issues that should be paid attention to in the convergence of social assistance policies in this municipality [1 999] No.37 stipulates:1,suffering from major diseases; 2. Loss of ability to work; 3. The spouse is 60 years old. Female 50 years old and above; 4. Children/kloc-under 0/6 years old,/kloc-over 0/6 years old are still studying in ordinary middle schools. )
14 how can eligible disabled family members apply for subsistence allowances?
A: According to the Notice on Improving the Minimum Living Security System for Urban Residents in Shanghai issued by Hu Fu Fa [1999] No.32, the minimum living security for employees' families is handled according to the principle of localization. To apply for the minimum living guarantee, the family members of employees shall submit a written application to the street (township) social assistance management office where the household registration is located, fill out the Application Form for Social Assistance for Urban and Rural Residents in Shanghai as required, and provide proof materials of family income such as employee payrolls and pension receipts. The application of the family members of the employees shall be audited by the social assistance management office and reported to the sub-district office (township and town people's government) for approval. The Social Assistance Management Office will issue the "Shanghai Social Assistance Gold Certificate" or "Social Assistance Notice" to the applicant, and issue the minimum living allowance on a monthly basis.
13 can spouses and children who live with disabled people in this city and are not registered as urban residents in this city apply for a grain and oil card?
A: According to the Notice on Doing a Good Job in Grain and Oil Poverty Alleviation in this Municipality (No.38 [1999]); Spouses and children who live with the disabled in this city and have not received the minimum living allowance for urban residents and are not registered in this city belong to the scope of issuing grain and oil poverty cards.
14 can I apply for social assistance if I reach the working age and lose my ability to work due to disability?
Answer: The fourth paragraph of Item 5 of Shanghai Min Jiu Fa [1999] No.37 (Notice of Shanghai Civil Affairs Bureau on Several Issues Concerning the Convergence of Social Assistance Policies in this Municipality) stipulates that those who have special difficulties in employment or family life should be given assistance:
Due to my partial loss of working ability (such as illness, disability, etc.). , need relevant certificates), older (such as near retirement age, male 55, female over 45), low intellectual skills and other personal ability factors, re-employment is difficult, and the per capita living standard of the family is lower than the minimum living standard.
Unable to find employment due to non-personal reasons such as serious illness or long-term illness of family members, and the per capita living standard of the family is lower than the minimum living standard.
15 what social security does the disabled who have completely lost their ability to work have after terminating or dissolving their labor relationship with the unit?
Answer: According to the relevant provisions of the Interim Measures for Giving Key Help to Unemployed Workers who Completely Lose Their Ability to Work (1997) No.60 (the Interim Measures shall come into effect on July 1997), the unemployed workers with permanent residence in cities and towns in this municipality refer to those who have registered as unemployed after terminating or dissolving their labor relations with their units.
During the period of unemployment relief, unemployed workers can enjoy the relevant benefits of unemployment relief according to regulations. When the unemployment relief expires and the daily living expenses are lower than the urban residents' living security line, the civil affairs department shall implement it in accordance with the Measures of Shanghai Municipality on Social Assistance.
The government provides key assistance to unemployed workers from two aspects: (1) helping unemployed workers to participate in medical insurance. (2) Help unemployed workers to participate in endowment insurance.
Relevant procedures: I submit the application and fill in the questionnaire. After verifying the situation, I reported it to the county labor service company for preliminary examination and the county labor bureau for approval.
16 employees' children, although 16 years old or older, are deaf and dumb (physically sound), are they considered as supporting immediate family members?
Answer: Although the children of employees are deaf-mute, they are healthy and can engage in labor, so when they reach the age of 16, they are not regarded as supporting immediate family members.
17 employees' dependent children and siblings 16 years old or above, disabled and unable to work. Can it be classified as a dependent immediate family member of an employee?
A: Not according to the documents. 9 1 Hu Lao (80) gave birth to a child, 16-year-old children and their brothers and sisters supported by employees suffered from serious diseases, and the labor department could not arrange employment. Those who are really supported by employees can enjoy family medical expenses subsidies.
18 what are the provisions on the medical expenses for the disabled to restore or compensate their functions?
A: "The implementation in Shanghai.
Disabled workers who enjoy free medical care shall be handled in accordance with the relevant provisions of free medical care;
Disabled workers who enjoy labor insurance benefits shall be borne by their units in accordance with relevant regulations;
Collective economic organizations that do not enjoy free labor insurance benefits shall arrange employment for the disabled by their units as appropriate;
Disabled persons under the age of sixteen shall be handled by their immediate family members in accordance with the provisions on medical treatment for family members of on-the-job employees;
Disabled people who are idle in society are borne by their families, and if there are difficulties, their immediate family members can apply to their units for subsidies for living difficulties;
Disabled persons who have no ability to work, can't take care of themselves and have no source of livelihood shall be subsidized by the civil affairs department in accordance with the relevant provisions of the Municipal People's Government.
Kangfu
1 What measures are there for shunt after rehabilitation training for disabled children?
A: According to the Notice on Printing and Distributing No.9 of the Disabled Persons' Federation of China (1995), all deaf children who have reached the third-level rehabilitation level after being approved by the rehabilitation level assessment of deaf children in this city will be enrolled in ordinary kindergartens, ordinary primary schools or follow-up education classes in deaf schools; Children with intellectual disabilities in rehabilitation stations with intellectual disabilities, whose degree of intellectual disability is mild or moderate, can go to cram schools nearby according to the actual situation;
Children with severe mental retardation or multiple disabilities are accepted by the welfare institutions for disabled children in the civil affairs system; All disabled children who have reached the age of seven in the station (class) should refer to the above-mentioned diversion channels. Disabled children who attend regular classes in ordinary kindergartens can be incorporated into the corresponding classes with reference to the age of admission to ordinary kindergartens.
2. What are the provisions on rehabilitation subsidies for the poor?
A: (1) The municipal finance still provides medical assistance to the poor people who have undergone orthopedic surgery in hospitals designated by the Municipal Health Bureau and the Municipal Rehabilitation Office 1.200 yuan. Deaf children registered in various language training institutions are subsidized with a hearing aid of different power and styles within the scope of 1200 yuan. (Excerpted from Notice on Financial Subsidies for Rehabilitation of Disabled Persons at All Levels, No.43 of Shanghai Finance Society [1997] and No.3 of Municipal Disabled Persons' Federation)
(2) 1997 ~ 200 1 period, In line with the [1998] Hu Min Ji Fa 12 and Shanghai Finance Society [198] 13 jointly issued by the Civil Affairs Bureau and the Municipal Finance Bureau, those who are slightly higher than the minimum living standard for urban residents and the poverty alleviation standard in rural areas but do have special difficulties (referring to having more than one unemployed disabled person at home or meeting the requirements of the Shanghai Municipal Committee [
Specifically, patients and their families bear 12.5% of the standard cost of sight-recovering surgery with a maximum of 4,000 yuan, and the rest are reduced or exempted by cities, districts, counties and hospitals. (Excerpted from the Notice of Shanghai Disabled Persons' Federation Health Office [98]14 on the Relevant Provisions on Medical Expenses Subsidy for Poor Cataract Surgery Patients)
(3) The Municipal Disabled Persons' Federation focuses on subsidizing poor patients with low vision at 50% of the price of a pair of visual AIDS.
(4) In line with the requirements of the Notice of Shanghai Finance Bureau and No.24 [95] of the Municipal Disabled Persons' Federation on the Establishment of Poverty Alleviation Fund for the Disabled in this Municipality, and those who enjoy disabilities, the orthosis installation fee will be subsidized to 200 yuan from the special fund of the Municipal Disabled Persons' Rehabilitation Office. (Excerpted from Notice of the Municipal Rehabilitation Office for the Disabled [97]10 on the Relevant Provisions on Orthopedic Subsidies for Impoverished Physically Disabled Persons)
(5) For critically ill disabled persons who meet the defined standards, they are identified as poor families when installing orthoses, and can enjoy support subsidies according to the provisions in the Notice on Relevant Provisions on Orthopedic Installation Subsidies for Poor Disabled Persons [97] 10. (Excerpted from Notice on Strengthening the Impoverishment of Orthopedic Devices for Critically Disabled Persons [98] No.25 of the Municipal Rehabilitation Office for the Disabled)
legal aid
1 Can the disabled apply for legal aid in litigation?
A: According to the Notice of the Ministry of Justice on Developing Legal Aid, financial assistance is provided to the following eligible parties in civil, difficult cases or non-litigation matters through national and local legal aid institutions:
Criminal cases in which the defendant is blind, deaf, dumb or a minor and has not entrusted a defender; Other cases in which disabled and elderly people who are unable to hire defense lawyers are criminal defendants; Cases in which front-line personnel investigate infringement compensation.
Cases in which defendants who may be sentenced to death have not entrusted defenders, including defendants who may be sentenced to death in the first instance and defendants who may be sentenced to death on appeal in the second instance.
Requesting to pay alimony, child care and alimony;
Claims for damages suffered in the line of duty (except liability accidents);
Ask for a pension;
Maintenance agreement, notarization of maintenance agreement, notarization of pension and relief fund;
Other matters that really need to provide legal aid.
2. What supporting materials should the parties submit when applying for legal aid?
A: According to the Notice of the Ministry of Justice on Notary Legal Aid, eligible citizens should apply for legal aid in writing, but under special circumstances, they can apply orally and make a good record with approval. In addition to the application, the following supporting materials shall be submitted:
(1), ID card, household registration certificate or temporary residence permit;
(2), the relevant units issued by the applicant and family members of the proof of economic situation;
(3), the basic situation of applying for assistance;
(four) other materials that the legal aid institution deems necessary.
If the applicant is a minor or other person with limited or incapacitated capacity, his guardian shall apply for it on his behalf. On behalf of the applicant, a valid agency qualification certificate shall be submitted.
Is there any special provision for deaf-mute crime in law?
A: Article 33 of the Constitution of China stipulates: "The people and citizens of China are equal before the law." So is the deaf. If his basic rights are violated by others and he suffers losses, he has the right to be protected or compensated according to law. If you ignore the law because of physical defects and seriously infringe on the personal rights and democratic rights of others, you should also investigate their criminal responsibility according to law. Deaf and blind people are not irresponsible people, because they have not lost the ability to distinguish and control their own behavior. However, due to some physical defects, their intellectual development is limited to a certain extent, and their ability to distinguish right from wrong and good from evil is worse than that of normal people, which may affect their understanding of things around them to some extent and even make wrong judgments. Therefore, article 19 of China's criminal law stipulates: "A deaf-mute or blind person may commit a crime with a lighter, mitigated or exempted punishment." This provision clearly points out that deaf-mute people should also be punished according to law, and at the same time embodies the realistic and humanitarian spirit of our criminal law.