1, the proportion of the disabled people who are resettled in the number of employees in this unit is not less than 25% (including 25%), and the number of disabled people who are resettled is not less than 10 (including 10);
2, signed a labor contract or service agreement for more than one year (including one year) with each disabled person in accordance with the law;
3. Social insurance premiums such as basic old-age insurance, basic medical insurance, unemployment insurance, industrial injury insurance and maternity insurance have been paid in full monthly for each disabled person placed;
4, through banks and other financial institutions to each disabled person, monthly payment is not lower than the monthly minimum wage standard approved by the provincial people's government applicable to the district and county where the unit is located;
5. Providing goods manufactured by the unit, projects or services undertaken by the unit (hereinafter referred to as products), or providing goods manufactured by other welfare units for the disabled (excluding goods using registered trademarks of non-welfare units for the disabled).
1. The disabled mentioned in the preceding paragraph refers to natural persons who hold the Disabled Persons' Certificate of the People's Republic of China or the Disabled Persons' Certificate of the People's Republic of China and disabled soldiers (1 to 8) within the legal working age, including mentally disabled persons with working conditions and willingness. The number of employees on the job refers to the number of employees who have established labor relations with welfare units for the disabled and signed labor contracts or service agreements according to law.
Two, eligible welfare units for the disabled in government procurement activities, should provide the provisions of this notice "welfare units for the disabled statement letter" (see annex), and be responsible for the authenticity of the statement. No unit or individual may require welfare units for the disabled to provide other materials to prove the contents of the statement letter in government procurement activities.
If the supplier who wins the bid and clinches the deal is a welfare unit for the disabled, the purchaser or the procurement agency entrusted by it shall announce its Statement Letter of Welfare Unit for the Disabled at the same time with the result of winning the bid and clinching the deal, and accept social supervision.
If the Statement Letter of Welfare Units for the Disabled provided by the supplier is inconsistent with the facts, the legal responsibility shall be investigated in accordance with the provisions of the first paragraph of Article 77 of the Government Procurement Law.
Third, in government procurement activities, welfare units for the disabled are regarded as small and micro enterprises, and they enjoy government procurement policies to promote the development of small and medium-sized enterprises, such as reserved shares and price deduction in evaluation. The amount purchased from welfare units for the disabled is included in the statistical data of purchasing for small and medium-sized enterprises. Welfare units for the disabled belong to small and micro enterprises, and do not enjoy the policy repeatedly.
Four, the purchaser to purchase goods or services above the standard amount of public bidding, because of the need to implement the policy of promoting the employment of the disabled, after fulfilling the relevant approval procedures according to law, can use the procurement methods other than public bidding.
Five, to meet the requirements of the disabled welfare unit products, centralized procurement agencies can be directly included in the scope of supply agreement or designated procurement. The government procurement electronic stores, electronic malls and online supermarkets built in various regions shall set up product columns of welfare units for the disabled. Encourage purchasers to give priority to the products of welfare units for the disabled.
Six, the provincial finance department can combine the actual situation of the production and operation of disabled people in the region, and refine the government procurement support measures. The above measures can be adopted to support the auxiliary employment institutions for the disabled who meet the requirements stipulated by the relevant state departments. Relevant documents formulated by various localities shall be reported to the Ministry of Finance for the record.
Seven, government procurement to promote the employment of the disabled, the specific support object needs to meet what conditions? How to identify in government procurement activities
According to the Law on the Protection of Disabled Persons, the specific support object of government procurement to promote the employment of disabled persons is "welfare units for disabled persons". The Notice refers to the provisions of the Notice of the Ministry of Finance of State Taxation Administration of The People's Republic of China on Preferential Tax Policies for Promoting the Employment of Disabled Persons (Caishui [2016] No.52), and defines the conditions that a welfare unit for disabled persons needs to meet: First, the proportion of disabled persons who are resettled in the unit is not less than 25% (including 25%), and the number of disabled persons who are resettled is not less than 10. Second, a labor contract or service agreement for more than one year (including one year) has been signed with each disabled person who has been resettled according to law; Third, social insurance premiums such as basic old-age insurance, basic medical insurance, unemployment insurance, industrial injury insurance and maternity insurance have been paid in full monthly for each disabled person placed; Fourth, through banks and other financial institutions, every disabled person who has been resettled has been paid a monthly salary not lower than the monthly minimum wage standard approved by the provincial people's government applicable to the district and county where the unit is located. At the same time, it is required to provide goods manufactured by the unit, projects or services undertaken by the unit, or goods manufactured by other welfare units for the disabled. These conditions need to be met at the same time.
In accordance with the spirit of the "streamline administration, delegate power, strengthen regulation and improve services" reform, in order to effectively reduce the burden of repeated submission of certification materials by relevant suppliers, the Notice stipulates that in government procurement activities, welfare units for the disabled only need to submit the Statement Letter of Welfare Units for the Disabled, and other materials that prove the contents of the Statement Letter are not required, and purchasers and procurement agencies will not review and identify their qualifications. If the Statement Letter of Disabled Welfare Unit provided by the supplier is inconsistent with the facts, it will bear corresponding legal responsibilities.
legal ground
Law of the People's Republic of China on the Protection of Disabled Persons
Article 13 People's governments at all levels and relevant departments shall commend and reward disabled people who have made remarkable achievements in socialist construction, and units and individuals who have made remarkable achievements in safeguarding their legitimate rights and interests, developing their undertakings and serving them.
Seventeenth people's governments at all levels encourage and support social forces to set up rehabilitation institutions for the disabled.
Local people's governments at all levels and relevant departments shall organize and guide urban and rural community service organizations, medical prevention and health care institutions, organizations for the disabled, families of the disabled and other social forces to carry out community rehabilitation work.
Educational institutions, welfare units and other institutions serving the disabled should create conditions to carry out rehabilitation training activities.
Disabled persons, under the guidance of professionals and with the help of relevant staff, volunteers and relatives, should strive to train their functions, self-care ability and labor skills.
Twenty-seventh relevant government departments, units where disabled people work and relevant social organizations shall carry out illiteracy eradication, vocational training, entrepreneurship training and other adult education for disabled people, and encourage disabled people to become self-taught.
Article 33 The State implements a system of proportional employment for disabled persons.
State organs, social organizations, enterprises and institutions, and private non-enterprise units shall arrange employment for disabled persons in accordance with the prescribed proportion, and choose appropriate jobs and posts for them. If the proportion is not up to the specified proportion, the obligation to protect the employment of disabled persons shall be fulfilled in accordance with the relevant provisions of the state. The state encourages employers to arrange employment for disabled people in excess of the prescribed proportion.
Specific measures for the employment of disabled persons shall be formulated by the State Council.
Article 36 The state shall give preferential tax treatment to the employing units that arrange employment for disabled persons to reach or exceed the prescribed proportion or centrally arrange employment for disabled persons and disabled persons engaged in self-employment according to law, and give support in production, management, technology, capital, materials and venues. The state exempts disabled persons engaged in self-employment from administrative fees.
The local people's governments at or above the county level and their relevant departments shall determine the products and projects suitable for the production and operation of the disabled, give priority to the production or operation of welfare units for the disabled, and determine that some products are exclusively produced by them according to the production characteristics of welfare units for the disabled.
Government procurement, under the same conditions, should give priority to the purchase of products or services of welfare units for the disabled.
Local people's governments at all levels should develop public welfare posts suitable for the employment of disabled people.
The relevant departments shall give priority to the issuance of business licenses to disabled persons who apply for self-employment.
For rural disabled people engaged in all kinds of productive labor, the relevant departments should give help in production services, technical guidance, supply of agricultural materials, purchase and sale of agricultural and sideline products and credit.