1: WEBTEXT/27786/64847/E60JPN01.htm
JAPAN. Law for Employment Promotion, etc., of the Disabled , 1960
NATLEX database

JAPAN

Law for Employment Promotion, etc., of the Disabled

Law No. 123 of July 25, 1960

(Unofficial translation)


Contents

Chapter I- General Provisions 

Chapter II- Promotion of Vocational Rehabilitation

Part I- Establishment, etc. of Vocational Centres for the Disabled

Part II- Carrying out Services of Establishment and Administration of Vocational Centres for the Disabled by the Japan Association for Employment of the Disabled

Chapter III- Employment Promotion, etc. based on Obligation for Employment of the Physically Disabled, etc.

Part I- Payment of Adjustment Allowance for Employing the Physically Disabled, etc.

Part II- Collection of Levy for Employing the Physically Disabled

Part III- Implementation of Services relating to Levy and Grant System for Employing the Physically Disabled by the Japan Association for Employment of the Disabled

Chapter IV- The Japan Association for Employment of the Disabled 

Chapter V- Disabled Persons' Employment Deliberative Council

Chapter VI- Miscellaneous Provisions

Chapter VII- Penal Provisions

Supplementary provisions

Annexed List- Scope of Physical Disabilities


Law No. 123 of July 25, 1960

[Law No. 132 of July 21, 1966; Law No. 36 of May 28, 1976; Law No. 110 of Dec. 25, 1980; Law No. 78 of Dec. 2, 1983; Law No. 50 of June 26, 1984; Law No. 71 of Aug. 10, 1984; Law No. 87 of Dec. 25, 1984; Law No. 93 of Dec. 4, 1986; Law No. 41 of June 1, 1987]

Chapter I- General Provisions

Section 1. Purpose

The purpose of this Law is to take comprehensive measures for promotion of employment, etc., based on the obligation for employment of the physically disabled, etc., measures for vocational rehabilitation and other measures for promoting self-support in vocational life through the placement of disabled in occupations suited to their abilities, and thereby to contribute to the occupational stability of the disabled.

Section 2. Definition 

In this Law, the meaning of the following terms shall be as set forth in the respective subsection:

(1) "the disabled" means those who, because of physical and / or mental impairment, are subject to considerable restriction in their vocational life, or who have great difficulty in leading a vocational life, over a long period of time

(2) "the physically disabled" means, of the disabled, those who have physical disability provided in the Annexed list (hereinafter referred to as a "physical disability");

(3) "the severely physically disabled" means, of the physically disabled, those who have a severe physical disability and who are provided for by Ministry of Labour Ordinance;

(4) "the mentally retarded" means, of the disabled, those who have mental retardation and who are provided for by Ministry of Labour Ordinance; and

(5) "vocational rehabilitation" means to strive for self-support by the disabled in vocational life through taking measures for vocational guidance, vocational training, employment placement and other measures for the disabled provided in this Law.

Section 2-2. Fundamental Principles  

Workers who are disabled shall be given the opportunity to utilize their abilities in vocational life as workers who are members of the economy and society.

Section 2-3

Workers who are disabled shall strive to achieve self-support as capable workers by achieving an awareness of themselves as persons engaged in work and by personally striving to develop and improve their own abilities.

Section 2-4. Duties of Employers

With respect to employing the disabled, all employers are persons with a duty to cooperate in the efforts of disabled workers to achieve self-support as capable working persons, based on the principle of social solidarity, and shall endeavour to properly evaluate the abilities of the disabled, to provide suitable places of employment and to conduct proper administration of employment.

Section 2-5. Duties of State and Local Public Bodies

Together with enlightening the people in general, including employers, on the employment of the disabled, the State and local public bodies shall endeavour to promote comprehensively and effectively the measures necessary for promoting the employment of the disabled and their occupational stability, such as measures to aid employers, the disabled and others concerned, and measures for vocational rehabilitation with due consideration of the characteristics of the disabled.

Chapter II- Promotion of Vocational Rehabilitation

Title I- General Provisions

Section 3- Principles of Vocational Rehabilitation

1. Measures for vocational rehabilitation shall be taken comprehensively and effectively, in accordance with such conditions as the type and degree of disability and the desires, aptitude and vocational experience of each disabled person.

2. As necessary, measures for vocational rehabilitation shall be undertaken with proper coordination with measures for medical rehabilitation and social rehabilitation.

Title II- Employment Placement, etc.

Section 3-2. Expansion of Openings, etc.

The Public Employment Security Offices shall, for the promotion of the employment of the disabled, gather information on the disabled seeking jobs, provide that information to employers and encourage employers to employ the disabled, and in addition seek to expand openings suited to the abilities of the disabled.

Section 3-3. Conditions of Job Offer, etc.

1. The Public Employment Security Offices may refuse to accept offers of jobs for which, despite the absence of a proper reason, it is made a ,condition that there not be a certain physical or mental disability.

2. The Public Employment Security Offices shall, when it is necessary for the purpose of placement of the disabled in employment which is suited to their abilities, give those making job offers guidance on physical or mental requirements and other conditions of job offers.

3. The Public Employment Security Offices shall, in conducting employment placement for the disabled, upon request of those making job offers, provide them with information relating to the vocational ability of the disabled concerned in their possession.

Section 3-4. Vocational Guidance, etc.

The Public Employment Security Offices shall, in order to enable the disabled to obtain employment suited to their abilities, take necessary measures such as carrying out aptitude tests, providing employment information, giving the disabled vocational guidance suited to them, and the like.

Section 4. Coordination with Vocational Centres for the Disabled

With respect to the disabled for whom it is regarded as especially necessary to conduct the aptitude tests, vocational guidance and the like referred to in the preceding subsection on the basis of expert knowledge and techniques, the Public Employment Security Offices shall conduct such aptitude tests, vocational guidance and the like in close coordination with the vocational centre for the disabled provided for in section 9, or shall intercede in having the disabled receive such aptitude tests, vocational guidance and the like at the vocational centre for the disabled concerned.

Section 5. Adaptation Training

1. The prefectures shall, when they regard it as necessary, carry out adaptation training for the disabled (limited to the physically disabled, the mentally retarded and other disabled prescribed by Cabinet Order; in the next section and section 7, subsection 2, the same applies) who are job applicants, for the purpose of enabling the disabled concerned to adapt easily to the working environment suited to their abilities.

2. The adaptation training shall be carried out by entrusting it to employers who carry out the work provided in the preceding subsection under circumstances which are regarded as standard.

Section 6. Interceding in Adaptation Training

The Public Employment Security Offices shall, when they regard it as necessary for the employment promotion of the disabled, intercede in having them undergo adaptation training.

Section 7. Measures for Those Who Undergo Adaptation Training

1. The adaptation training shall be carried out free of charge.

2. The prefectures may provide allowances to the disabled who undergo adaptation training under the provisions of the Employment Measures Law (Law No. 132 of 1966).

Section 8. Delegation to Ministry of Labour Ordinance

The adaptation training period and other standards relating thereto not included in the preceding three Articles shall be prescribed by Ministry of Labour Ordinance.

Section 8-2. Advice and Guidance after Employment

The Public Employment Security Offices may, when they regard it as necessary for achieving the occupational stability of the disabled, give the disabled who got jobs through their placement or other disabled who are employed by employers advice or guidance necessary for enabling them to adapt to their working environment.

Section 8-3. Advice and Guidance to Employers

The Public Employment Security Offices may, when they regard it as necessary for promoting the employment of the disabled and achieving occupational stability for the disabled, give those who are employing or will employ the disabled advice or guidance as to hiring, placement, supplemental tools, working equipment or environment, and other technical matters relating to employing the disabled (referred to as the "matters relating to employment management of the disabled" in Part I of the next Title).

Title III- Vocational Centres for the Disabled

Part I- Establishment, etc. of Vocational Centres for the Disabled

Section 9. The Task of Establishment, etc. of Vocational Centres for the Disabled

The Government shall, for the purpose of promoting self-support in vocational life by the disabled, carry out the services of establishing and administering the following facilities (hereinafter referred to as the "vocational centres for the disabled"):

(1) overall Vocational Centre for the Disabled;

(2) large Region Vocational Centres for the Disabled,

(3) local Vocational Centres for the Disabled.

Section 9-2. Overall Vocational Centre for the Disabled

The Overall Vocational Centre for the Disabled shall carry out the following services:

(1) conduct surveys and research on vocational rehabilitation (excluding vocational training: hereinafter in this subsection, with the exception of section (5) subsection (a) and subsection 2 of section 9-8, the same applies);

(2) collect, analyze and provide information on employing the disabled;

(3) educate and train the vocational counsellors for the disabled provided for in section 9-7;

(4) give advice, guidance and other assistance on technical matters concerning vocational rehabilitation to the Large Region Vocational Centres for the Disabled, Local Vocational Centres for the Disabled and other agencies concerned;

(5) carry out the following services in connection with the services in the preceding subsections:

  • a. vocational evaluation of the disabled (which means evaluating the vocational ability, aptitude, etc. of the disabled and determining necessary measures on vocational rehabilitation; hereinafter the same applies), vocational guidance, training in the fundamental customs of labour (referred to as "work preparation training" in section 9-4, subsection (1)) and courses for acquiring the knowledge and techniques necessary for work (hereinafter referred to as "vocational courses");
  • b. advice and other assistance to employers on matters relating to employment management of the disabled;

(6) carry out services incidental to the services in the preceding subsections.

Section 9-3. Large Region Vocational Centres for the Disabled

The Large Region Vocational Centres for the Disabled shall, as to the disabled requiring systematic vocational rehabilitation, in close cooperation with vocational training centres for the disabled, the medical care facilities or rehabilitation facilities provided for in section 19, subsection 1 (1) of the Labour Welfare Projects Corporation Law (Law No. 126 of 1957) and other facilities provided for by Ministry of Labour Ordinance, carry out the following services over large regions:

(1) systematic vocational evaluation, vocational guidance and vocational courses for the disabled provided for by Ministry of Labour Ordinance;

(2) advice and other assistance on matters relating to employment management of the disabled to employers who are employing or will employ the disabled for whom the measures in the preceding subsection were taken;

(3) services incidental to the services provided in the preceding two subsections.

Section 9-4. Local Vocational Centres for the Disabled

The Local Vocational Centres for the Disabled shall carry out the following services:

(1) vocational evaluation, vocational guidance, work preparation training and vocational courses for the disabled;

(2) advice and other assistance to employers on matters relating to the employment management of the disabled;

(3) services incidental to the services provided in the preceding two subsections.

Section 9-5. Location, etc. of Vocational Centres for the Disabled

The location, name and other matters necessary for the administration of the vocational centres for the disabled shall be provided for by Ministry of Labour Ordinance.

Section 9-6. Prohibition of Use of Name

The characters for "Overall Vocational Centre for the Disabled" or "Vocational Centre for the Disabled" shall not be used in the names of any institution other than a vocational centre for the disabled.

Section 9-7. Vocational Counsellors for the Disabled

1. The Minister of Labour shall assign vocational counsellors for the disabled at vocational centres for the disabled.

2. The vocational counsellors for the disabled shall be persons who have passed the examination designated by the Minister of Labour and completed the course designated by the Minister, or who have other qualifications provided for by Ministry of Labour Ordinance.

Section 9-8. Mutual Contact and Cooperation among Vocational Centres for the Disabled, etc.

The vocational centres for the disabled shall endeavour to promote the self-support in vocational life of the disabled through close mutual contact and cooperation.

2. The vocational centres for the disabled shall, coupled with the measures, such as the employment placement, etc., of the Public Employment Security Offices and the vocational training by the public facilities for vocational training provided for in section 16, subsection 4 of the Vocational Ability Development Promotion Law (Law No. 64 of 1969) (referred to as the "public facilities for vocational training" in section 82), endeavour to promote vocational rehabilitation effectively.

Section 9-9. Carrying out Measures for Vocational Rehabilitation Without Charge

The measures for vocational rehabilitation of the vocational centres for the disabled shall be free of charge.

Part II- Carrying out Services of Establishment and Administration for Vocational Centres for the Disabled by the Japan Association for Employment of the Disabled

Section 9-10

1. The Minister of Labour shall, when the Japan Association for Employment of the Disabled is established under the provisions of Chapter IV, entrust said Association with carrying out the services provided in section 9 (hereinafter referred to as the "establishment and administration services for the vocational centres").

2. The Minister of Labour shall, when entrusting the Japan Association for Employment of the Disabled to carry out the establishment and administration services for the vocational centres under the provisions of the preceding subsection, officially announce the date when said Association will commence said services and the names and locations of the vocational centres for the disabled where said Association will carry out said services, in the Official Gazette.

3. The Minister of Labour shall, when seeking to give authorization under section 65, subsection 2; when seeking to revoke authorization for establishment under the provisions of section 70; or when the Minister deems necessary in a case where it would be difficult for the Japan Association for Employment of the Disabled to carry out the establishment and administration services for the vocational centre, carry out said services in person.

4. The Minister of Labour shall, when the Minister determines to carry out the establishment and administration services for the vocational centres under the provisions of the preceding subsection, or to stop carrying out said services which are then being carried out under the provisions of that subsection, officially so announce in advance in the Official Gazette.

5. The taking over of the establishment and administration services for the vocational centres and other necessary matters in the event part the Minister of Labour carries out said services under the provisions of subsection 3 or stops carrying said services then being carried out under the provisions of that subsection shall be provided separately by law.

Section 9-11 

1. In applying the provisions of the preceding Part to the establishment and administration services for the vocational centres carried out by the Japan Association for Employment of the Disabled, the expression "the Government" in section 9 and "the Minister of Labour" in section 9-7, subsection 1 shall be read as "the Japan Association for Employment of the Disabled".

2. The provisions of section 9-5 shall not apply to the establishment and administration services for the vocational centres carried out by the Japan Association for Employment of the Disabled.

Title IV- Carrying out Administration Services for Vocational Training Centres for the Disabled by Japan Association for Employment of the Disabled

Section 9-12

1. The Minister of Labour shall, when the Japan Association for Employment of the Disabled is established under the provisions of Chapter IV, entrust said Association to carry out the administration services for the vocational training centres for the disabled provided for by Ministry of Labour Ordinance under section 16, subsection 6 of the Vocational Ability Development Promotion Law (hereinafter referred to as the "administration services for the vocational training centres).

2. The provisions of section 9-10, subsections 2 to 5 shall apply mutatis mutandis in the event the Japan Association for Employment of the Disabled carries out the administration services for the vocational training centres under the provisions of the preceding subsection. In this case, the expression "the date when said Association will commence said services and the names and locations of the vocational centres where said Association will carry out said services" in subsection 2 of that section shall be read as "the date when said Association will commence said services"; and the expression "shall he provided separately by law." in subsection 5 of that section shall be read as "shall be provided for by Ministry of Labour Ordinance."

Section 9-13

The Japan Association for Employment of the Disabled shall, in cases where the provisions of section 12; section 14, subsections 1 and 3; section 18; and section 93 of the Vocational Ability Development Promotion Law apply to the administration services for the vocational training centres carried out by said Association, be deemed to be the State.

Chapter III- Employment Promotion, etc. Based on Obligation for Employment of the Physically Disabled, etc.

Title I- Obligation for Employment, etc. of the Physically Disabled

Section 10. Duties of Employers Relating to Employing the Physically Disabled

With respect to employing the physically disabled, all employers are persons with a public duty to provide appropriate places of work, based on the principle of social solidarity, and shall actively endeavour to hire the physically disabled.

Section 11. Obligations of the State and Local Public Bodies Relating to Employment

In the event that the number of personnel who are physically disabled working for the organization concerned is less than the number obtained by multiplying the total number of personnel working for the organization concerned by the rate, not less than the employment quota rate for the physically disabled provided in section 14, subsection 2, which is prescribed by Cabinet Order (when there is any fraction less than one person, such fraction shall be omitted), the officials with appointing authority for the State and local public bodies (excluding persons who execute the appointing authority pursuant to delegation; hereinafter, the same applies) shall, with respect to the appointment of personnel (limited to personnel regularly working for the organization concerned [including organizations involving persons who carry out the appointing authority pursuant to delegation from the official with appointing authority concerned; hereinafter in this Title and in section 39- 10, the same applies], other than personnel provided for in section 2, subsection 3 (1) to (11) of the National Public Service Law [Law No. 120 of 1947], police, personnel who are mariners, and other personnel provided for by Cabinet Order; hereinafter in this Title and in section 39-10, the same applies), formulate a program relating to the appointment of the physically disabled, in accordance with Cabinet Order, in order to increase the number of personnel who are physically disabled to not less than the number obtained by multiplying by such rate. I Return to original for subsection 2 of section I 1. 1 2. In calculating the number of personnel who are physically disabled under the preceding subsection, each person among the personnel who is severely physically disabled shall be deemed equal to the number of physically disabled personnel prescribed by Cabinet Order.

Section 12. Notification, etc. of Circumstances of Appointment

1. The official with appointing authority for the State or local public body shall, as prescribed by Cabinet Order, make notification of the program provided for in Subsection 1 of the preceding section and of the circumstances of execution thereof to the Minister of Labour (or, in the case of the officials with appointing authority for municipalities, special wards and other special local public bodies prescribed by Cabinet Order, to the Governor of the Prefecture; in the next subsection and the next article, the same applies).

2. The Minister of Labour may, when the Minister regards it as especially necessary, recommend the official with appointing authority who formulated the program provided for in subsection 1 of the preceding section as to the proper execution thereof.

Section 13. Notification of Circumstances of Appointment and Dismissal

The official with appointing authority shall, once a year, as prescribed by Cabinet Order, make notification of the circumstances of appointment and dismissal of personnel who are physically disabled in the organization concerned to the Minister of Labour.

Section 14. Employment Obligation, etc. of Employers in General

1. Employers (this means those who employ workers [limited to those who are regularly employed; hereinafter, the same applies], except for the State and local public bodies; hereinafter, the same applies) shall, in the event of fluctuations in employment relations prescribed by Ministry of Labour Ordinance, keep the number of workers who are physically disabled employed by them at not less than the number (when there is any fraction less than one person in such figure, such fraction shall be omitted; referred to as the "legally prescribed employment number of the disabled" in section 15, subsection (1) obtained by multiplying the total number of the workers employed by them (as for employers in establishments in types of business containing exclusion rate fixed trades [this means the trades designated of by Ministry of Labour Ordinance as trades for which the ratio of workers in the types of jobs regarded as difficult for the physically disabled to engage in is considerably high; hereinafter, the same applies] is carried on, the number [when there is any fraction less than one person in such figure, such fraction shall be omitted] obtained by subtracting from the total number of workers employed the aggregate of the numbers obtained by multiplying the number of workers in each exclusion rate fixed trade at the establishment concerned by the exclusion rate [this means the rate designated by Ministry of Labour Ordinance for each exclusion rate fixed trade, with due regard to the ordinary rate of the workers of the type of job concerned among the workers in the exclusion rate fixed trade; hereinafter, the same applies] for the trade concerned; in subsection 5, the same applies) by the employment quota rate for the physically disabled.

2. The employment quota rate for the physically disabled under the preceding subsection shall be fixed on the basis of the ratio of total workers who are physically disabled (including the physically disabled who are in circumstances where they cannot get any steady job, despite the will and ability to work; in section 27, subsection 3, the same applies) out of the number obtained by subtracting the aggregate of the numbers obtained by multiplying the total number of workers in each exclusion rate fixed trade by the exclusion rate for the trade concerned from the total number of all workers (including persons who are in circumstances where they cannot get any steady job, despite the will and ability to work; in section 27, subsection 3, the same applies), and such rate shall be prescribed by the Cabinet Order at least once every five years, with due consideration for changes in the ratio concerned.

3. In calculating the number of workers who are physically disabled under subsection I and the total number of workers under the preceding subsection, each worker who is severely physically disabled shall be deemed equal to the number of physically disabled workers prescribed by Cabinet Order.

4. Notwithstanding the provisions of subsection 2, the employment quota rate of physically disabled under subsection I connected with special corporations (among the corporations which are established by means of the special incorporation acts under special legislation or the corporations which are established by local public bodies as organizers under special legislation, the corporations all or most of the capital for which is contributed by the State or local public bodies, or the corporations for which the principal funds for expenses necessary for the administration of business are grants or subsidies from the State or local public bodies, and which are prescribed by Cabinet Order; hereinafter, the same applies) shall be the rate, not less than the rate under the provisions of subsection 2, prescribed by Cabinet Order.

5. Employers (limited to employers for which the number of workers employed is regularly equal to or greater than the number prescribed by Ministry of Labour Ordinance) shall, once a year, in accordance with Ministry of Labour Ordinance, report the employment situation of workers who are physically disabled to the Minister of Labour.

Section 14-2. Special Application for Workers Employed by Subsidiaries

1. With respect to application of the provisions of subsections 1 and 5 of the preceding section in connection with employers having over half of the total number of the issued shares of a specified stock company, or a investment lots equal to over half of the total amount of capital of a specified limited liability company, who, based upon an application by the employer concerned and the stock company or the limited liability company concerned (hereinafter referred to as the "subsidiary company"), has obtained recognition by the Minister of Labour to the effect that such employer conforms to the following standards with respect to the subsidiary company concerned (hereinafter referred to as the "parent employer'), the workers whom the subsidiary company concerned employs shall be deemed to be workers employed only by the parent employer and the workplace of the subsidiary company concerned shall be deemed to be the workplace of the parent employer:

  • (1) that there are close relationships on personnel and business between the business carried on by the subsidiary company concerned and by the employer concerned;
  • (2) that the number of workers who are physically disabled employed by the subsidiary company and the ratio of this number to the total number of workers employed by the subsidiary company concerned are not less than the number and the ratio fixed by the Minister of Labour, respectively;
  • (3) that the subsidiary company concerned is capable of executing properly the employment management of the workers who are physically disabled employed thereby;
  • (4) that, apart from the matters specified in the two preceding subsections, it is considered that the promotion of employment and the occupational stability of the workers who are severely physically disabled and other physically disabled employed by the subsidiary company concerned will surely be accomplished in the business carried on by such subsidiary company.

2. The Minister of Labour may, after making the recognition under the provisions of the preceding subsection, when the parent employer has ceased to meet the requirements as to shares or capital provided in the preceding subsection or has discontinued the undertaking, or the Minister of Labour considers that the subsidiary company connected with the recognition concerned has ceased to conform to the standards provided in each subsection of that subsection, revoke the recognition concerned.

3. The Minister of Labour shall, when seeking to revoke the recognition under the provisions of the preceding subsection, provide the parent employer with the opportunity for explanation. In this case, the Minister of Labour shall give in advance a notice in writing as to the date and place for explanation and the reason for revocation of the recognition concerned.

Section 15. Plan for Hiring the Physically Disabled by Employers in General

1. The Minister of Labour may, when the Minister regards it as necessary for promoting the employment of the physically disabled, order employers for whom the number of workers employed who are physically disabled is less than the legally prescribed employment number of the disabled, to formulate a plan concerning the hiring of the physically disabled in accordance with Ministry of Labour Ordinance in order to increase the number of workers who are physically disabled to not less than the legally prescribed employment number of the disabled.

2. In calculating the number of workers who are physically disabled under the preceding subsection, each worker who is severely physically disabled shall be deemed equal to the number of physically disabled workers prescribed by Cabinet Order.

3. With respect to application of the provisions of subsection 1 to the parent employer, the workers employed by the subsidiary company concerned shall be deemed to be workers employed only by the parent employer concerned.

4. The employers shall, upon formulating the plan provided for in subsection 1, submit the program concerned to the Minister of Labour in accordance with Ministry of Labour Ordinance. The same shall also apply upon a change in the plan concerned.

5. The Minister of Labour may, when the Minister regards the plan under subsection 1 as markedly inappropriate, recommend to the employer who formulated the program concerned to change that plan.

6. The Minister of Labour may, when the Minister regards it as especially necessary, make recommendations to the employers who formulated plans under subsection 1 as to the proper execution of the plans.

Section 16. Making Public Matters Regarding Employers in General

The Minister of Labour may, when employers who formulated plans under subsection 1 of the preceding section do not follow the recommendations provided for in subsection 5 or 6 of the same section without appropriate reason, make public that fact.

Section 17. The Specified Physically Disabled

1. With respect to the appointment of personnel to specified types of jobs (meaning the types of jobs which are regarded as suited to the abilities of the physically disabled who have the ability to work, but for whom employment in ordinary jobs is especially difficult because the degree of the disability is severe, and which are prescribed by Cabinet Order; hereinafter in this article, the same applies), in the event that the number of personnel in the types of jobs concerned who are specified physically disabled (meaning those persons, of the physically disabled, who are persons specified by Cabinet Order for each specified type of job; hereinafter in this article, the same applies) is less than the number obtained by multiplying the total number of personnel in the type of job concerned working for the organization concerned by the employment quota rate for the specified physically disabled prescribed by Cabinet Order for each type of job (when there is any fraction less than one person, such fraction shall be omitted), the officials with appointing authority for the State and local public bodies shall formulate a program relating to the appointment of the specified physically disabled, in accordance with Cabinet Order, in order to increase the number of personnel who are specified physically disabled to not less than the number obtained by multiplying by the employment quota rate for the specified physically disabled.

2. The provisions of section 12 shall apply mutatis mutandis to the program under the preceding subsection.

3. Employers shall, with respect to hiring workers for the specified types of jobs, endeavour to keep the number of workers who are specified physically disabled for the specified type of job employed by them at not less than the number (when there is any fraction less than one person in such figure, such fraction shall be omitted) obtained by multiplying the total number of workers in the type of job concerned employed by them by the employment quota rate for the specified physically disabled prescribed by Ministry of Labour Ordinance for each type of job.

4. The Minister of Labour may, when the Minister regards it as especially necessary for promoting the employment of the specified physically disabled, order the employers for whom the number of workers who are specified physically disabled employed in the specified type of job is less than the number calculated according to the provisions of the preceding subsection and who are regarded to not face marked difficulty in increasing such number (limited to those who employ a number of workers in the type of job concerned that is not less than the number fixed by Ministry of Labour Ordinance for each type of job) to formulate a plan concerning the employment of the specified physically disabled in accordance with Ministry of Labour Ordinance in order to increase the number of workers who are specified physically disabled to not less than the number calculated under the provisions of that subsection.

5. The provisions of section 15, subsection 3 shall apply mutatis mutandis in applying the provisions of the preceding two subsections to the parent employer; and the provisions of subsections 4 and 5 of the same section shall apply mutatis mutandis to the plan provided for in the preceding subsection.

Title II- Payment of Adjustment Allowance for Employing the Physically Disabled etc. and Collection of Levy for Employing the Physically Disabled

Part I- Payment of Adjustment Allowance for Employing the Physically Disabled, etc.

Section 18. Business of Payment of Adjustment Allowance for Employing the Physically Disabled, etc.

The Government shall, in order to achieve the adjustment of economic burdens accompanying employment of the physically disabled and promoting the employment thereof, carry out the following affairs:

(1) to pay the employers (except for special corporations; hereinafter in this Title, the same applies) who fall under the provisions of subsection I of the next Article, the adjustment allowance for employing the physically disabled provided in that subsection;

(2) to supply the employers who hire the physically disabled with grants to be applied to the expenses necessary for establishment or improvement of the facilities or equipment for employing the physically disabled, or for the measures for the proper employment management of the physically disabled law for Employment Promotion. etc. of the Disabled (except for the measures falling under the next subsection);

  • (2-2) to supply the employers who employ workers who are severely physically disabled and other physically disabled as prescribed by Ministry of Labour Ordinance with grants to be applied to the expenses necessary for measures to facilitate the commuting by these workers who are physically disabled and other measures for proper employment management corresponding to the kind or the degree of disability of these workers who are physically disabled;

(3) to supply the employers of establishments which employ the workers who are severely physically disabled in large numbers with grants to be applied to the expenses necessary for establishment or improvement of the facilities or the equipment for the business of the establishment concerned;

  • (3-2) to supply the following that carry on the business of education and training for developing and improving the abilities necessary for occupations for the physically disabled (limited to the education and training which conforms to the criteria provided by the Minister of Labour; hereinafter, the same applies) with grants to be applied to the expenses necessary for the business concerned; and to supply the employers who employ the workers who are physically disabled with grants to be applied to the expenses necessary for measures to facilitate the taking of the education and training courses by workers who are physically disabled:

a. employers or their organizations;

b. a specialized school provided for in section 82-2 of the School Education Law (Law No. 26 of 1947), or an educational foundation provided for in section 3 of the Private School Law (Law No. 270 of 1949) concerning the establishment of miscellaneous schools provided for in section 83-1 of the School Education Law, or a corporation provided for in section 64, subsection 4 of the Private School Law;

c. a social welfare corporation provided for in section 22 of the Social Welfare Projects Law (Law No. 45 of 1951);

d. an other corporation carrying on the business concerning the promotion of employing the physically disabled;

(4) to supply organizations of employers which carry on the business concerning the promotion of employing the physically disabled with grants to be applied to the expenses necessary for the business of research, surveys or courses relating to technical matters concerning the employment of the physically disabled carried on by the organization concerned, or the business of enlightenment to deepen the understanding of employers and other people in general regarding the employment of the physically disabled;

(5) to collect the levy for employing the physically disabled provided for in section 26, subsection 1;

(6) to carry out services incidental to the services provided for in the preceding subsections.

Section 19. Paying Adjustment Allowance for Employing the Physically Disabled

1. The Minister of Labour shall, every fiscal year (from the 1st of April to the 31st of March in the next year; hereinafter, the same applies), in accordance with Cabinet Order, pay the employers for whom the amount obtained by multiplying the basic amount for adjustment provided for in section 27, subsection 2 by the total number of workers who are physically disabled employed by them on the first day of every month in the year concerned (as for employers who commence or discontinue the business during the year concerned, limited to each month from and after the month after the month in which the day of commencement of the business occurred, or on and before the month preceding the month in which the day of discontinuance of the business occurred; hereinafter, the same applies) is greater than the amount calculated according to the provisions of subsection 1 of the same section, the sum equal to the amount obtained by multiplying the unit adjustment amount by the number obtained by dividing the amount of the difference (derived as set forth above) by the basic amount for adjustment concerned, as the adjustment allowance for employing physically disabled for the year concerned (hereinafter referred to as the "adjustment allowance");

2. The unit adjustment amount in the preceding section shall be the sum prescribed by Cabinet Order on the basis of the average amount of special expenses provided in subsection 2 of section 27 per month which would normally be additionally necessary for each physically disabled person in. the event that the employer newly employed more physically disabled than the number obtained by multiplying the number of workers employed by the standard employment quota rate provided in section 27, subsection 3.

3. The provisions of section 15, subsection 2 shall apply mutatis mutandis to the calculation of the number of the workers who are physically disabled in subsection 1, and the provisions of subsection 3 of the same section shall apply mutatis mutandis in applying the provisions of subsection 1 to the parent employer.

4. Special provisions concerning the calculation of the amount of the adjustment allowance in the event of the merger of employers that are legal persons, or in the event of the succession (including comprehensive testamentary gifts; the same applies in section 39) of employers that are natural persons, and other necessary matters relating to adjustment allowances, other than the matters prescribed in the preceding two subsections, shall be prescribed by Cabinet Order.

Section 20. Supply of Grants

1. The Minister of Labour shall supply the grants provided for in section 18 subsections 2 to 4, in accordance with the grant requirements, grant amounts and other standards for grants prescribed by Ministry of Labour Ordinance.

2. With respect to the supply of grants under the preceding subsection, consideration shall be given so that the employment of the physically disabled will be promoted most effectively and most efficiently, in conjunction with measures taken to promote the occupational stability of the physically disabled and other measures.

Section 21 to 25

Deleted

Part II- Collection of Levy for Employing the Physically Disabled

Section 26. Collection of Levy for Employing the Physically Disabled and Obligation for Payment Thereof

1. The Minister of Labour shall, in accordance with this subsection, collect the levy for employing the physically disabled (hereinafter referred to as the "levy') from employers every year, for the purpose of applying it to the expenses necessary for paying the adjustment allowance provided for in section 18, subsection 1 and for supplying the grants provided for in subsections 2 to 4 of the same section, and to the expenses necessary for transaction of the affairs concerning the businesses provided in each subsection of that article.

2. Employer shall bear the obligation to pay the levy. (Amount of Levy, etc.)

Section 27

1. The amount of levy to be paid by employers shall be, for every year, the amount obtained by multiplying the basic amount for adjustment by the total of the numbers obtained by multiplying the number of workers employed on the first day of every month in the year concerned by the basic rate of employment (when there is any fraction under one person in such figure, such fraction shall be omitted).

2. The basic amount for adjustment shall be the sum prescribed by Cabinet Order on the basis of the average amount of special expenses (this means the expenses usually necessary for establishment or improvement of the facilities or equipment necessary for employing the physically disabled, the expenses necessary for measures for the proper employment management of the physically disabled and other expenses especially necessary for employing the physically disabled) per month which would normally be necessary for each of the physically disabled concerned in the event that the employer employed the number of physically disabled obtained by multiplying the number of workers employed by the standard employment quota rate.

3. The standard employment quota rate in the preceding two subsections shall be fixed on the basis of the ratio of the total number of workers who are physically disabled to the total number of workers and shall be prescribed by Cabinet Order at least once every five years, with due consideration for changes in the ratio concerned.

4. The provisions of section 15, subsection 2 shall apply mutatis mutandis to the calculation of the total number of workers who are physically disabled in the preceding subsection, and the provisions of subsection 3 of the same section shall apply mutatis mutandis in applying the provisions of subsection I to the parent employer.

Section 28

1. In the case of subsection 1 of the preceding article, when the employer concerned is employing workers who are physically disabled in the year concerned and the amount obtained by multiplying the basic amount for adjustment provided in subsection 2 of that section by the total number of workers who are physically disabled employed by the employer concerned on the first day of every month in the year concerned is less than the amount calculated under the provisions of subsection 1 of that article, the amount of levy to be paid by the employer concerned shall, notwithstanding the provisions of that subsection, be equal to the difference.

2. In the case of subsection 1 of the preceding article, when the employer concerned is employing workers who are physically disabled in the year concerned and the amount obtained by multiplying the basic amount for adjustment provided in subsection 2 of that section by the total number of workers who are physically disabled employed by the employer concerned oil the first day of every month in the year concerned is not less than the amount calculated under the provisions of subsection 1 of that Article, notwithstanding the provisions of that subsection, the levy shall not be collected with respect to the employer concerned.

3. The provisions of section 15, subsection 2 shall apply mutatis mutandis to the calculation of the number of workers who are physically disabled in the preceding two subsections, and the provisions of subsection 3 of that section shall apply mutatis mutandis in applying the provisions of the preceding two subsections to the parent employer.

Section 29. Payment, etc. of Levy

1. Employers shall submit a declaration of the amount of levy for the year concerned and other matters provided for by Ministry of Labour Ordinance to the Minister of Labour within forty-five (45) days counting from the first day of the next year (or, with respect to employers who discontinue their business during the year concerned, from the day on which the business concerned was discontinued).

2. The employers shall pay the amount of levy stated in the declaration in the preceding subsection within the time limit for submission of the declaration in that subsection.

3. The declaration in subsection 1 shall he accompanied by documents setting forth the number of workers and the number of workers who are physically disabled in every workplace on the first day of every month in the year concerned, and other matters provided for by Ministry of Labour Ordinance.

4. The Minister of Labour shall, when employers have not submitted the declaration under subsection I by the time limit for submission of the declaration in that subsection, or the Minister has determined that there is an error in the statements of the declaration under that subsection, fix the amount of levy and notify the employer for payment.

5. An employer who has received the notification for payment under the provisions of the preceding subsection shall, when such employer has not submitted the declaration under subsection 1 (including a case when the employer has submitted a declaration stating that there is no amount of levy to be paid), pay the amount of levy fixed by the Minister of Labour under the provisions of the preceding subsection, and when the amount of levy stated in the declaration under subsection 1 is short of the amount of levy fixed by the Minister of Labour under the provisions of the preceding subsection, pay such deficit, to the Minister of Labour within fifteen (15) days after the date of receipt of the above notification.

6. In the event that the amount of levy paid by an employer exceeds the amount of levy fixed by the Minister of Labour under subsection 4, the Minister of Labour shall, when there is any unpaid levy or other amounts to be collected under the provisions of this sub-section, apply such amount in excess thereto, and return the rest, if any, and when there is no unpaid levy or other sums to be collected under the provisions of this subsection, return such amount in excess.

7. The provisions of section 15, subsection 3 shall apply mutatis mutandis in applying the provisions of subsections 1, 3 and 4 to the parent employer. In this case the expression "the parent company concerned." shall be replaced with "the parent company concerned, and the establishment of the subsidiary company concerned shall be deemed to he the establishment of the parent employer concerned."

Section 30. Deferred Payment of Levy

The Minister of Labour may, in accordance with Ministry of Labour Ordinance, upon the request of employers, permit them to defer payment of the levy.

Section 31. Penalty

1. The Minister of Labour shall, when employers are required to pay the full amount of the levy or the deficiency thereof under the provisions of section 29, subsection 5, collect as a penalty the amount obtained by multiplying the amount to be paid (when there is any fraction under one thousand (1,000) yen in such figure, such fraction shall be omitted) by, ten percent; provided, however, that this shall not apply when an employer has become liable to pay the full amount of the levy or the deficiency thereof because of a natural calamity or other unavoidable cause.

2. Notwithstanding the provisions of the preceding subsection, when the full amount of the levy or the deficiency thereof provided in the same subsection is under one thousand (1,000) yen, the penalty in the same subsection shall not be collected.

3. The Minister of Labour shall, in the case of collecting the penalty under the provisions of subsection 1, in accordance with Ministry of Labour Ordinance, designate the time limit for payment and give a notice to the employer of the amount of penalty to be paid.

Section 32. Call for Assessed Sum and Disposition for Failure to Pay

1. The Minister of Labour shall, when there is a person who has not paid the levy or other assessed sums under the provisions of this subsection, designate the time limit and call upon such person to pay.

2. In the case of a call to pay under the provisions of the preceding subsection, the Minister of Labour shall dispatch a demand for payment to the person obligated to pay. In this case, the time limit to be fixed in the demand shall be a date at least ten (10) days after the date of dispatching the demand.

3. In the event that those who have been called upon to pay under the provisions of subsection 1 do not pay the levy or other assessed sums under the provisions of this Part in full by the time limit fixed, the Minister of Labour may execute a disposition for failure to pay in accordance with the procedures for the disposition for failure to pay national tax.

Section 33. Overdue Interest

1. When the Minister of Labour has called for payment of the levy under the provisions of subsection I of the preceding article, the Minister shall collect overdue interest calculated at the rate of 14.5 percent per annual on the amount of the levy in connection with the demand for payment, for the number of days from the day after the time limit for payment to the day prior to payment in full thereof or seizure of property; provided, however, that this shall not apply it the amount of the levy in connection with the demand for payment is under one thousand (1,000) yen

2. In a case under the preceding subsection, when a part of the amount of the levy has been paid, the amount of the levy used as the basis for calculating the amount of overdue interest for the period from and after the date of payment thereof shall be the amount of the levy less the amount which has been paid.

3. In calculating the overdue interest, when there is any fraction under one thousand (1,000) yen in the amount of levy in the preceding two subsections, such fraction shall be omitted.

4. When there is any fraction under one hundred (100) yen in the amount of overdue interest calculated under the provisions of the preceding three subsections, such fraction shall be omitted.

5, Overdue interest shall not be collected in a case falling under any of the following subsections; provided, however, that, in a case under subsection 4, this shall be limited to the portion corresponding to the period for which execution was suspended or postponed:

  • (1) when the levy is paid in full by the time limit fixed in the demand for payment;
  • (2) when the demand for payment was given by the method of public notification because the address or residence of the person obliged to pay is not known;
  • (3) when the amount of overdue interest is less than one hundred (100) yen;
  • (4) when the execution of the disposition for failure to pay with respect to the levy has been suspended or postponed;
  • (5) when it is regarded that there is an unavoidable cause for not paying the levy.

Section 34. Order of Preferential Right

The order of preferential right of the levy or other assessed sums under the provisions of this Part shall be next after the national tax and the local tax.

Section 35. Procedure for Collecting Assessed Sums, etc.

The levy and other assessed sums under the provisions of this Part shall be collected according to the procedure for collection of national tax, unless otherwise provided for in this subsection.

Section 36. Prescription

1. The right to collect the levy or other assessed sums provided for in the provisions of this subsection, or to receive the refund thereof, shall be extinguished by prescription when two years have elapsed.

2. The notification for payment of the levy or other assessed sums under the provisions of this Part or the demand for payment under the provisions of section 32, subsection 1 by the Minister of Labour shall, notwithstanding the provisions of section 153 of the Civil Code (Law No. 89 of 1891), have the effect of interrupting the prescriptive period.

Section 37 and 38

Deleted

Section 39. Delegation to Cabinet Order

Special provisions concerning the calculation of the amount of levy in the event of the merger of the employers that are legal persons, or in the event of the succession of employers that are natural persons, and other matters necessary for the levy and others sums to be collected provided in this subsection, other than the matters prescribed in this subsection, shall be prescribed by Cabinet Order.

Part III- Carrying Out Services Concerning the Levy and Grants System for Employing the Physically Disabled by the Japan Association for Employment of the Disabled

Section 39-2

Carrying Out Services Concerning the Levy and Grants System for Employing the Physically Disabled by the Japan Association for Employment of the Disabled

1. The Minister of Labour shall, when the Japan Association for Employment of the Disabled is established under the provisions of the next Chapter, entrust the services listed in each subsection of section 18 (hereinafter referred to as the "services relating to the levy"), to that Association.

2. The provisions of section 9-10, paragraphs 2 to 5, shall apply mutatis mutandis to entrusting the carrying out of services relating to the levy under the provisions of the preceding subsectionto the Japan Association for Employment of the Disabled. In this case, "and the names and locations of the vocational centres for the disabled where said Association will carry out said services" in subsection 2 of that section shall be replaced with "and the place of the office carrying out the services relating to the levy provided in section 39-2, subsection 1."

Section 39-3

In applying the provisions of the preceding two subsections to the services relating to the levy to be carried out by the Japan Association for Employment of the Disabled, "the Government" in section 18 and "the Minister of Labour" in the provisions of section 19, subsection 1; section 20, subsection 1; section 26, subsection 1; section 29, subsection 1 and paragraphs 4 to 6; section 30; section 31, paragraphs I and 3; section 32; section 33, subsection 1; and section 36, subsection 2 shall be replaced with "the Japan Association for Employment of the Disabled", and "in accordance with the procedures for the disposition for failure to pay national tax" in section 32, subsection 3 shall be replaced with "in accordance with the procedures for the disposition for failure to pay national tax, with the approval of the Minister of Labour."

Section 39-4. Approval by Minister of Labour Concerning Supply of Grants

The Japan Association for Employment of the Disabled shall, in the event of carrying out the services relating to the levy, when it wishes to receive grants under section 18, subsection 2 to 4 itself, shall obtain the approval of the Minister of Labour, in accordance with Ministry of Labour Ordinance.

Section 39-5. Possession of Assessed Sums to be Collected

The levy and other assessed sums under the provisions of the preceding Part and this Part collected by the Japan Association for Employment of the Disabled shall be deemed to be income of said Association.

Section 39-6. Filing Objection against Collection of Assessed Sum

Those with complaints regarding dispositions of imposing or collecting the levy and other assessed sums under the provisions of the preceding Part and this Part (except for dispositions by the Minister of Labour) may request investigation by the Minister of Labour under the Administrative Complaint Investigation Law (Law No. 160 of 1962).

Section 39-7. Relationship between Request for Investigation and Lawsuit

An action for revoking the disposition provided in the preceding section may be raised only after the decision of the Minister of Labour on the request for investigation of the disposition concerned.

Section 39-8. Order to Submit Materials, etc.

1. The Japan Association for Employment of the Disabled may, when it carries out the services relating to the levy, demand that employers submit papers concerning the employment situation of workers who are physically disabled and other matters and other objects, to the extent necessary with respect to the services provided for in section 18, Subsection 5.

2. The Japan Association for Employment of the Disabled, when it carries out the services relating to the levy and regards it as necessary for those services, may demand that employers, their organisations or persons listed in section 18, subsection 3-2, (b) to (d) (referred to as the "employers, etc." in section 8 1, subsection 1) report with respect to necessary the matters.

Title III- Special Provisions for the Mentally Retarded, etc.

Section 39-9. Special Provisions Regarding Application of the Provisions Concerning Employment Obligation, etc. and Services Relating to the Levy

The provisions of the preceding two Titles (except for section 10; section 11, subsection 2; section 14, paragraphs 2 to 4; section 15, subsection 2 including cases in which it applies mutatis mutandis under section 19, subsection 3; section 27, subsection 4; and section 28, subsection 31; section 17; section 19; subsection 2; and section 27, paragraphs 2 and 3) shall apply to the mentally retarded, etc., in accordance with this Title.

Section 39-10. Special Provisions Regarding Application of the Provisions Concerning Employment Obligation, etc. to the Mentally Retarded

1. In a case provided for in section 11, subsection 1, with respect to applying the provisions of that subsection where personnel who are mentally retarded work for the organisation concerned, the official with appointing authority for the organisation concerned shall be deemed to have appointed the number of personnel who are physically disabled equal to the number of personnel who are mentally retarded instead of personnel other than personnel who are physically disabled before formulating the program under the same paragraph.

2. The official with appointing authority for the State or local public body may, when he or she formulates or executes the program concerning the appointment of physically disabled under section 11, subsection 1, regard the appointment of the mentally retarded as included in the appointment of the physically disabled.

3. With respect to applying the provisions of section 13, the personnel who are mentally retarded shall be deemed to be personnel who are physically disabled.

Section 39-11

1. In a case provided for in section 14, subsection 1, with respect to applying the provisions of that subsection and section 15, subsection 1 where the employer concerned employs workers who are mentally retarded, the employer concerned shall be deemed to have employed the number of workers who are physically disabled equal to the number of workers who are mentally retarded instead of workers other than workers who are physically disabled at the time of the fluctuation in employment relations in question.

2. With respect to applying the provisions of section 14, subsection 5, workers who are mentally retarded shall be deemed to be workers who are physically disabled.

3. With respect to applying the provisions of section 14-2, subsection 1, "physically disabled" in the provisions of subsections 2 to 4 of that subsection shall be replaced with "physically disabled or mentally retarded."

4. The employer may, when he or she formulates or executes the plan concerning the hiring of the physically disabled under section 15, subsection 1, regard the hiring of the mentally retarded as included in the hiring of the physically disabled.

Section 39-12. Carrying Out Services Relating to Levy for the Mentally Retarded

1. Workers who are mentally retarded shall be deemed ' to be physically disabled; and the provisions of section 19, subsection 1; section 28, paragraphs I and 2; section 29, subsection 3; section 39-8, subsection 1; and section 81, subsection 2 (including the penal provisions concerning those provisions) shall apply.

2. The Government may also carry out services equivalent to the services listed in section 18, subsections 2 to 4 and subsection 6 (but limited to the part concerning subsections 2 to 4 of that section; in the next subsection, the same applies) with respect to the mentally retarded.

3. In the case of the preceding paragraph, the services concerned shall be deemed to be included in the services set forth in section 18, subsections 2 to 4 and subsection 6; and the provisions of section 20; section 26, Chapter III, Title II, Part III ; section 59, subsection 1; sections 59-2 to 60-2; Articles 64 to 64-3; section 64-5; and section 70-2 (including the penal provisions concerning those provisions) shall apply. In this case, "physically disabled" in section 20. subsection 2 shall be replaced with "physically disabled or mentally retarded", and "section 18" in section 39-3 shall be replaced with "section 39-12, subsection 2 ".

Section 39-13. Research, etc. for Promotion of Employment of the Disabled other than the Physically Disabled or the Mentally Retarded

1. The Government may also carry out services equivalent to the services listed in section 18, subsections 4 and 6 (but limited to the part concerning subsection 4 of that Article; in the next paragraph, the same applies) with respect to the disabled other than the physically disabled and the mentally retarded.

2. In the case of the preceding paragraph, the services concerned shall be deemed to be included in the services listed in section 18, subsections 4 and 6, and the provisions of section 20; section 26; Chapter III, Title II, Part III; section 59, subsection 1; sections 59-2 to 60-2; sections 64 to 64-3; section 64-5; and section 70-2 (including the penal provisions concerning those provisions) shall apply. In this case, "physically disabled" in section 20, subsection 2 shall be replaced with "disabled", and "section 18" in section 39-3 shall be replaced with "section 39-13, subsection 1."

Chapter IV- The Japan Association for Employment of the Disabled

Section 40. Juridical Personality

The Japan Association for Employment of the Disabled (hereinafter referred to as the "Association") shall be a 'juridical person.

Section 41. Number

The Association shall be organised, limited to a single entity. 

Section 41-2. Capital

1. The capital of the Association shall be the amount which it is regarded that the Government has contributed under the provisions of section 6 of the Supplementary Provisions of the Law for Amending a Part of the Physically Handicapped Persons' Employment Promotion Law (Law No. 41 of 1987).

2. The Government may, when it regards it as necessary, make additional contributions to the Association within the limits fixed by the budget. 3. The Association shall, when the Government makes contributions under the provisions of the preceding paragraph, increase its capital in accordance with the contributed amount.

4. The Government may, when it makes contributions to the Association under the provisions of subsection 2, make property other than money an Object of contribution.

5. The value of property other than money made an Object of contribution under the provisions of the preceding subsection shall be the value appraised by an appraisal member on the basis of the current price as of the date of contribution.

6. Necessary matters concerning the appraisal member and other matters concerning the appraisal under the preceding subsection shall be provided by Cabinet Order.

Section 42. Appellation

1. The Association shall use the characters for the Japan Association for Employment of the Disabled in its appellation.

2. Those other than the Association shall not use the characters for the Japan Association for Employment of the Disabled in their appellation.

Section 43. Registration

1. The Association shall be registered in accordance with Cabinet Order.

2. The matters to he registered under the provisions of the preceding subsection may not he set up against a third person until after such registration.

Section 44. Promoters

In order to organise the Association, it shall be necessary for five or more organisations of employers listed in section 50, subsection 1 (1) which wish to he members thereof to become promoters thereof.

Section 45. Inaugural General Meeting

1. The promoters shall draft the articles of association and the business plan, give public notice of the outline thereof together with the date and time and the place of the inaugural general meeting at least two (2) weeks before that meeting, and hold the inaugural general meeting.

2. The approval of the articles of association and the business plan and other decisions on matters necessary for the organisation shall be made by decision of the inaugural general meeting.

3. The proceedings of the inaugural general meeting shall be decided by a majority of not less than two thirds (2/ 3) of the voting rights of those attending that meeting, with at least one-half (1 / 2) of those who are qualified as members and have applied to become members to the promoters by the day fixed for the inaugural general meeting in attendance.

Section 46. Request for Approval of Establishment

The promoters shall request the Minister of Labour for approval of establishment without delay after the end of the inaugural general meeting, submitting the application accompanied by the articles of association, the business plan, and the papers in which the matters provided for by Ministry of Labour Ordinance are set forth.

Section 47. Approval of Establishment

The Minister of Labour shall, in giving approval of establishment, review whether the request for approval under the provisions of the preceding section meets the following subsections:

(1) the procedure of establishment and the contents of the articles of association and the business plan meet the provisions of laws and ordinances;

(2) there is no false statement in the articles of association and the business plan;

(3) it is regarded that the personnel, the methods of business and other matters relating to the plan for carrying out business are proper, and there is sufficient economic and technical basis for reliable performance of the plan;

(4) in addition to the preceding subsections, it is regarded that management of business will be carried out in a sound manner and that there is a certainty of contributing to the promotion of employment of the disabled and the vocational stability thereof.

Section 48. Transfer of Business

The promoters shall, when the approval of establishment is given, transfer the business to the executives without delay.

Section 49. Time of Establishment

The Association shall come into existence when the establishment thereof is registered at the place of the principal office.

Section 50. Qualification for Membership

1. The following are qualified for membership:

  • (1) organisations of employers which carry out services concerning the promotion of employment of the disabled and the vocational stability thereof; and
  • (2) those for which the articles of association provide, other than those provided for in the preceding subsection.

2. The Association shall not, in the event that those who are listed in the preceding subsections want to join the Association, refuse their entry or set unreasonable conditions on their entry without good reason.

Section 51. Membership Fee

The Association may, in accordance with the articles of association, collect a membership fee from its members.

Section 52. Articles of Association

1. The following matters shall be stated in the articles of association:

  • (1) purpose;
  • (2) appellation;
  • (3) place of office;
  • (4) matters concerning members;
  • (5) matters concerning membership fees;
  • (6) matters concerning executives;
  • (7) matters concerning meetings;
  • (8) matters concerning the council;
  • (9) business;
  • (10) matters concerning accounts;
  • (11) business year;
  • (12) matters concerning dissolution;
  • (13) matters concerning modification of articles of association;
  • (14) method of public notice.

2. The alteration of the sections of association shall not take effect unless approved by the Minister of Labour.

Section 55-2. Ban on Concurrent Employment of Executives

The executives (except for the part-time directors) shall not be the executives of any profit-making organisation, or be engaged in any profit-making enterprise; provided, however, that this shall not apply when approval by the Minister of Labour has been obtained.

Article 53. Executives

1. The Association shall have one President, up to six directors and up to two auditors as executives.

2. In addition to the directors and auditors under the preceding paragraph, the Association may have part-time directors and auditors as executives, in accordance with the articles of association.

3. The President shall represent the Association and preside over the business thereof.

4. The directors shall, in accordance with the articles of association, assist the President in taking charge of the business of the Association, and perform the President's duties in his or her place if he or she is unable to perform them or if the presidency is vacant.

5. The auditors shall audit the business of the Association and the status of accounts.

6. The auditors may, when they regard it as necessary based on the results of audit, submit their opinions to the President or the Minister of Labour.

Article 54. Appointment and Dismissal and Term of Office of Executives

1. The executives shall, in accordance with the articles of association, he selected and appointed or dismissed at the general meeting; provided, however, that the executives at the time of establishment shall be selected and appointed at the inaugural general meeting.

2. The selection and appointment shall not take effect unless approved by the Minister of Labour.

3. The term of office of the President shall be the term up to three (3) years provided for by the articles of association, and the terms of office of the directors and auditors shall be the term up to two (2) years provided for by the articles of association; provided, however, that the term of office of the President at the time of establishment shall be the term of up to one and a half years fixed at the inaugural general meeting, and the terms of office of the directors and auditors at the time of establishment shall be the term of up to one year fixed at the inaugural general meeting.

4. The executives may be reappointed to an office.

Article 55. Ban on Concurrent Employment of Auditors

The auditors shall not concurrently hold the posts of President, director or personnel of the Association.

Section 56. Restriction of Representative Authority

With respect to matters on which the interests of the Association and the President are mutually opposed, the President shall not possess representative authority. In this case, the auditors shall represent the Association in accordance with the articles of association.

Section 57. Appointment of Personnel

The President shall appoint the personnel of the Association.

Section 57-2. Nature as Civil Servant of Executives and Personnel

With respect to application of the Criminal Code (Law No. 45 of 1907) and other penal provisions, the executives and personnel shall be deemed to be personnel engaged in public service under laws and ordinances.

Section 58. General Meeting

1. The President shall, in accordance with the articles of association, call an ordinary general meeting at least once every business year.

2. The President may, when he regards it as necessary, call a special general meeting.

3. The following matters shall be decided by the general meeting:

4. The proceedings of the general meeting shall be decided by a majority of not less than a half (1/2) of the voting rights of those attending the meeting concerned, with at least one-half (1/2) of all members in attendance; provided, however, that the proceedings concerning subsections 3 (1), (4) and (5) of the present section shall be decided by a majority of not less than two-thirds (2/3) of the voting rights of those attending the meeting concerned, with at least one-half (1/2) of all members in attendance.

5. The President may, when the general meeting does not materialise or the President deems that there is no time to call the meeting, dispose of the matters listed in subsection 3 (2), (3) and (6) which necessitate emergency measures.

6. The President shall report on and request approval for matters disposed of under the preceding subsection at the next general meeting.

Section 58-2. Council

1. The Association shall have a Council.

2. The Council shall, in response to inquiries by the President, deliberate important matters concerning the conduct of the business of the Association.

3. The Council shall consist of up to twenty councillors.

4. The Councillors shall be appointed by the President, with the approval of the Minister of Labour, from among those persons having learning and experience necessary for the proper conduct of the business of the Association.

Section 59. Business

1. The Association shall carry out the following business:

(1-2) to carry out the administration services for the vocational training centres;

(1-3) to carry out services relating to the levy;

(1-4) to carry out the services provided for in section 79, subsection 2;

(3-2) to provide grants meeting the standards provided for by Ministry of Labour Ordinance to employers who continue to employ worker(s) for at least a fixed period after such worker(s) have become disabled and who take the measures for such continuation of employment provided for by Cabinet Order;

2. The Association shall, when it carries out the business listed in subsection 1 (7) of the present section, obtain the approval of the Minister of Labour.

Section 59-2. Entrusting with Business

1. The Association may, with the approval of the Minister of Labour, entrust juridical persons which carry out services concerning the promotion of employment of the disabled and the occupational stability thereof or financial institutions with part of the business listed in subsection 1 (1-3) and (1-4) of the preceding section.

2. When the Minister of Labour has given the approval under the provisions of the preceding subsection, financial institutions may, notwithstanding the provisions of other laws, be entrusted with the business in connection with the approval concerned.

3. With respect to application of the Criminal Code and other penal provisions, the executives and personnel of the financial institutions entrusted with the business under the provisions of subsection 1 (referred to as the 11 entrusted financial institutions" in section 68, subsection 1, section 85, subsection 2; and section 86, subsection 1) who are engaged in the entrusted business concerned shall be deemed to be personnel who are engaged in public service under laws and ordinances.

Section 60. Statement of Business Methods

1. The Association shall, as to each business listed in section 59, subsection 1 (1) to (1-3) and (3-2) before commencing each business concerned, draft a statement of business methods and obtain the approval of the Minister of Labour. The same shall apply to an amendment thereof.

2. The matters to be stated in the statement of business methods under the preceding subsection shall be provided for by Ministry of Labour Ordinance.

3. The Minister of Labour shall, upon giving approval under subsection 1 as to the services in section 59, subsection 1 (1-3) and (3-2) make an official announcement to that effect in the Official Gazette, in accordance with Ministry of Labour Ordinance.

Section 60-2. Notification of Commencing Business, etc.

The Association shall, at the time of commencement of each business listed in section 59, subsection 1 ( to (1-4) and (3-2), notify the Minister of Labour of the date of commencement of the business concerned and the place of the office where the business concerned is carried out (as for the services listed in subsection I of that paragraph, the office where the services concerned are carried out and the vocational centre which such office is to establish and administer; hereinafter in this article, the same applies). The same shall apply when the Association changes the place of the office where the businesses concerned are carried out

Section 61. Business Year

The business year of the Association shall be from the 1st of April to the 31st of March in the next year.

Section 61-2. Approval of Budget, etc.

The Association shall draft the budget, the business plan and the plan for funds every business year, and shall obtain approval by the Minister of Labour before the start of the business year concerned. The same shall apply to an amendment thereof.

Section 62. Approval of Financial Statements, etc.

Every business year, the President shall prepare an assets list, balance sheet and statement of profit and loss (hereinafter referred to as the "financial statements"), and a statement of accounts for the business year concerned broken down by budget categories, the budget Title, and shall submit these to the auditor(s) and also place copies at the principal office by two weeks before the day of the first ordinary general meeting called after the end of the business year concerned.

2. The President shall submit the documents provided for in the preceding paragraph, together with the opinion of the auditors, to the ordinary general meeting referred to in that paragraph, and shall request the approval thereof.

Section 63

1. The Association shall, every business year, within one (1) month from the last day of the ordinary general meeting referred to in subsection 1 of the preceding section, submit the financial statements referred to in the same subsection to the Minister of Labour and obtain the approval thereof.

2. The Association shall, when it submits the financial statements to the Minister of Labour under the provisions of the preceding subsection, attach the statement of accounts referred to in subsection 1 of the preceding section and the opinion of the auditors on the financial statements and the statement of accounts.

3. The Association shall keep the approved financial statements under the provisions of subsection 1 at the principal office.

Section 64. Division of Accounts

The Association shall, with respect to the accounting for each business listed in section 59, subsection 1 (1) to (1-3) and (3-2), separate the accounting for each business from the accounting for the other businesses and set up special accounts for each.

Section 64-2. Disposition of Profit and Loss

1. The Association shall, every business year, when there is any profit in the profit and loss account for the service relating the levy, make up any loss carried over from the preceding year, and if there is still profit remaining, treat it as a reserve.

2, The Association shall, every business year, when there is any loss-in the profit and loss account referred to in the preceding section, adjust it by reducing the reserve provided for in the preceding paragraph, and if there is still a deficit remaining, treat it as a deficit carried forward.

Section 64-3. Loans

1. The Association shall, when it seeks to borrow money for funds with respect to the services, relating to the levy, obtain the approval of the Minister of Labour.

2. The borrowed money under the provisions of the preceding subsection shall be repaid within the business year concerned; provided, however, that, with respect only to the amount which it is impossible to repay due to a deficiency of fund, such loan may be renewed with the approval of the Minister of Labour.

3. The borrowed money renewed under the provision of the proviso to the preceding subsection shall be repaid within one (1) year.

Section 64-4. Grant

The Government shall, within the limits of the budget, grant an amount equal to all or a part of the expenses necessary for the businesses, listed in section 59, subsection 1 (1), (1-2) and (3-2) to the Association.

Section 64-5. Utilisation of Surplus Funds

The Association shall not utilise the surplus founds from the business concerning the service relating to the levy, except in the following ways:

(1) acquisition of national bonds, local bonds and other negotiable securities designated by the Minister of Labour;

(2) deposits in bank or other financial institutions designated by the Minister of Labour or in postal savings.

Section 64-6. Restriction on Disposition, etc. of Property

The Association shall, when it lends, transfers, exchanges or places in pledge important assets as provided for by Ministry of Labour Ordinance, obtain the approval of the Minister of Labour, except in cases as provided for by Ministry of Labour Ordinance.

Section 64-7. Pay Standard for Salary and Retirement Allowance

The Association shall, when it sets or changes the pay standard for salaries, and retirement allowances for executives and personnel, obtain the approval of the Minister of Labour.

Section 64-8. Delegation to Ministry of Labour Ordinance

The matters necessary for the financial affairs and accounting of the Association, other than those provided in this Law, shall be prescribed by Ministry of Labour Ordinance.

Section 65. Dissolution

1. The Association shall dissolve on the following grounds:

2. The dissolution for the reason listed in subsection 1(1) of the present section shall not take effect unless the approval of the Minister of Labour is obtained.

Section 66. Liquidator

A liquidator shall be appointed by the general meeting in the case of dissolution for the reason listed in subsection 1 (1) of the preceding section, and by the Minister of Labour in the case of dissolution for the reason listed in subsection 1 (2) of that section.

Section 67. Disposition of Assets, etc.

1. The liquidator shall establish the method of disposing of the assets and obtain the approval of the Minister of Labour after a resolution at the general meeting; provided, however, that the resolution shall not be required in case the general meeting does not or cannot make such a resolution.

2. In establishing the method of disposing of the assets under the provisions of the preceding paragraph, the liquidator shall return to the State remaining assets up to the amount equivalent to the amount of capital, and as to those assets that are not thereby disposed of, shall turn such assets over to an organisation which conducts services for promotion of employment of the disabled and the occupational stability thereof similar to those of the Association.

3. In the event there is no such organisation as referred to in the preceding subsection, the remaining assets concerned shall revert to the State.

Section 68. Reports and On-the-spot Inspections

1. The Minister of Labour may, when the Minister regards it as necessary for the enforcement of this Law, have the Association or the entrusted financial institutions submit necessary reports as to the status of their business or assets, or have Ministry personnel enter the offices or the other business places of the Association or the entrusted financial institutions to inspect the situation of business or books and documents and other objects; provided, however, that with respect to the entrusted, financial institutions, the inspection shall be limited to the scope at the entrusted business concerned.

2. The personnel who carry out on-the-spot inspections under the provisions of the preceding subsection shall carry identification cards with them and show them to those concerned.

3. The authority for on-the-spot inspections tinder the provisions of subsection 1 shall not be construed to be authority for the purpose of criminal investigation.

Section 69. Supervision over Association

1. In the event that the Minister of Labour has had the Association or the entrusted financial institutions submit reports or has had on-the-spot inspections carried out under the provisions of the preceding section, when the Minister deems that the management or execution of the business of the Association is in violation of laws and ordinances, the sections of association or dispositions made by the Minister of Labour, that the management or execution thereof is markedly inappropriate, or that the executives of the Association have clearly neglected their duties for the management or execution thereof, the Minister of Labour may fix a term and give orders to the effect that the Association or the executives thereof should take measures necessary to correct or improve such violation concerning the management or execution of the services thereof.

2. The Minister of Labour may, when the Minister regards it as necessary for ensuring the sound management of the services of the Association, fix a term and order the Association to amend the sections of association.

3. The Minister of Labour may, in the event that the Association or its executives have violated the order in subsection 1 or the Association has violated the order in the preceding subsection, fix the term and order the Association to replace all or some of the executives involved in the violation concerned.

4. The Minister of Labour may, in the event that the Association has violated the order in the preceding subsection, replace the executives involved in the order in that subsection.

5. The Minister of Labour shall, when making a disposition under the provisions of the preceding subsection, provide the executives concerned with the opportunity for explanation. In this case, the Minister of Labour shall give in advance a notice in writing as to the date and time and the place for explanation and the reason for the disposition concerned.

Section 70. Revocation of Approval of Establishment

The Minister of Labour may, in the event that the Minister deems that the administration of the Association violates laws and ordinances or the articles of association, or is markedly improper, when the improvement thereof cannot be expected, revoke the approval of establishment.

Section 70-2. Consultation

The Minister of Labour shall consult with the Minister of Finance in the following cases:

(1) when giving approval under section 59-2, subsection 1 (limited to cases of entrusting to financial institutions); section 60, subsection 1 (limited to matters concerning the businesses listed in section 59, subsection 1, subsections 1-3 and 3-2); section 61-2 (limited to matters concerning the businesses listed in section 59, subsection 1 (1-3) and (3-2); or section 64-6;

(2) when establishing Ministry of Labour Ordinances referred to in section 60, subsection 2 (limited to matters concerning the businesses listed in section 59, subsection 1 (1-3) and (3-2); section 64-6; or section 64-8;

(3) when giving approval under section 63, subsection 1 (limited to matters concerning the businesses listed in section 59, subsection 1 (1-3) and (3-2));

(4) when making a designation under the provisions of section 64-5, subsections 1 and 2.

Section 71- Mutatis Mutandis Application

The provisions of section 44; section 50; section 6 1, subsection 2; section 62; and sections 64 to 66 of the Civil Code shall apply mutatis mutandis to the establishment, management and administration of the Association, and the provisions of section 73; sections 75 and 76; sections 78 to 81; sections 82 (except for the part concerning dissolution) and 83 thereof, and section 35, subsection 2 (except for the part concerning dissolution); section 36; section 37-2; section 135-25, subsections 2 and 3; sections 136, 137, and 138 of the Law on Procedure in Non-Contentious Cases (Law No. 14 of 1898) shall apply mutatis mutandis to the dissolution and liquidation of the Association. In this case, "the preceding section " in section 75 of the Civil Code shall be replaced with "section 66 of the Law for Employment Promotion, etc. of the Disabled."

Chapter V- Disabled Persons Employment Deliberative Council

Section 72. Establishment

The Disabled Persons Employment Deliberative Council (hereinafter referred to as the "Council') shall be established in the Ministry of Labour.

Section 73. Powers

The Council may, at the request of the Minister of Labour, inquire into and deliberate important matters concerning the promotion of employment of the disabled and the occupational stability thereof, and express its opinion to the administrative agencies concerned on matters regarded as necessary as to the above.

Section 74. Organisation

1. The Council shall consist of up to twenty (20) members.

2. The Council may have expert members in addition to the members.

3. The expert members may not participate in decisions.

Section 75. Members and Expert Members

1. The Minister of Labour shall appoint the members from among representatives of workers, representatives of employers, representatives of the disabled and persons of learning and experience.

2. The term of office of the members shall be two (2) years; provided, however, that the term of office of any substitute member shall be the remaining term of the predecessor.

3. The Minister of Labour shall appoint expert members from among persons of learning and experience concerning the matters of expertise.

4. The members and the expert members shall be in part-time positions.

Section 76. President

1. The Council shall have a President.

2. The President shall be elected by the members from among the members appointed from among persons of learning and experience.

3. The President shall preside over the duties of the Council.

4. When the President is unable to perform the duties, the member elected in advance, in accordance with the provisions of subsection 2, shall perform the duties of the President.

Section 77. Delegation to Ministry of Labour Ordinance

The matters necessary for the administration of the Council other than those provided in this Chapter, shall be provided for by Ministry of Labour Ordinance..

Chapter VI- Miscellaneous Provisions

Section 78. Research, etc. concerning the Promotion of Employment, etc. of the Disabled

The State shall endeavour to survey, research and compile information on vocations suited to the abilities of the disabled, the working equipment and the work-supporting apparatus necessary for the employment of the disabled and other matters necessary for promotion of the employment of the disabled and the occupational stability thereof.

Section 78-2. Publicity and Enlightenment Regarding Employment of the Disabled

The State and local public bodies shall, in order to strive to eliminate the various factors obstructing the employment of the disabled, undertake publicity and enlightenment activities necessary for deepening the understanding of employers and people in general on employment of the disabled.

Section 79. Vocational Life Consultant for the Disabled

1. At workplaces where the number of workers who are disabled (limited to the physically disabled, the mentally retarded and the other disabled persons as prescribed by Ministry of Labour Ordinance, hereinafter in this subsection and the next article, the same applies) is equal to or greater than the number fixed by Ministry of Labour Ordinance, employers shall, in accordance with the provisions of Ministry of Labour Ordinance, appoint vocational life consultants for the disabled from among the workers in their employ who have completed a course conducted by the Minister of Labour (hereinafter in this section referred to as the "course for qualification") or who possess such other qualifications as are prescribed by Ministry of Labour Ordinance, and have them give advice and guidance concerning the vocational life of the workers who are disabled employed in the workplace concerned.

2. The Minister of Labour may, when the Association is established under the provisions of Chapter IV, entrust the Association to carry out all or any part of the services concerning the course for qualification.

3. The Minister of Labour, when entrusting the Association with carrying out all or any part of the services concerning the course for qualification under the provisions of the preceding paragraph, shall officially announce in the Official Gazette the date when the Association will begin the services concerned and the place where the Association will carry out the services concerned.

Section 80. Report on Dismissal

Employers shall, in the event they dismiss any worker who is disabled (except in cases of dismissal for reasons attributable to the worker and other cases prescribed by, Ministry of Labour Ordinance), make a report to that effect to the Chief of the Public Employment Security Office, in accordance with Ministry of Labour Ordinance.

2. The Public Employment Security Offices shall, when they have received the reports referred to in the preceding paragraph, promptly endeavour to take measures to find job openings, measures for employment placement and the like for the disabled workers connected with the reports referred to in that subsection.

Section 81. Reports, etc.

1. The Minister of Labour or the Chiefs of the Public Employment Security Offices may, within the limits necessary for enforcement of this Law, and in accordance with Ministry of Labour Ordinance, order employers to report regarding the employment situation of the disabled and other matters, or have their personnel enter the workplaces of the employers, etc., question the persons concerned or inspect the books and documents and other objects.

2. The Minister of Labour may, within the limits necessary for the services listed in section 18, subsection 5, order employers to submit papers regarding the employment situation of the workers who are disabled and other matters and other objects; provided, however, that this shall not apply when the Minister entrusts the Association to carry out the services relating to the levy under the provisions of section 39-2, subsection 1.

3. The provisions of section 68, subsection 2 shall apply mutatis mutandis to the on-the-spot inspections under the provisions of subsection 1, and the provisions of subsection 3 of the same section shall apply mutatis mutandis to the authority for on-the-spot inspections under the provisions of subsection 1.

Section 82. Contact and Co-operation

The Public Employment Security Offices, the vocational centres for the disabled, the public vocational training facilities, the Association, the offices for welfare provided for in the Social Welfare Projects Law, and other related agencies and organisations, such as agencies for aid to the disabled, shall maintain close contact and co-operation with each other, in order to achieve the promotion of employment of the disabled and the occupational stability thereof.

Section 83. Delegation of Authority

In accordance with Ministry of Labour Ordinance, a portion of the authority of the Ministry of Labour provided in this Law may be delegated to the Chiefs of the Public Employment Security Offices.

Section 84. Delegation to Ministry of Labour Ordinance

Apart from the matters provided for in this Law, the procedures and other matters necessary for enforcement of this Law shall be prescribed by Ministry of Labour Ordinance.

Chapter VII- Penal Provisions

Section 85

1. Employers shall, when they fall under any of the following subsections, be punished with a fine of not more than 100,000 yen. The same shall apply to the representatives, agents, employees and other workers of the organisations concerned or juridical persons concerned who have committed the violation in the event that an organisation of employers or a juridical person listed in section 18, subsection 3-2, (b) to (d) comes under subsection 1 (limited to the part concerning section 39-8, subsection 2) or subsection 5:

2. In the event a report under the provisions of section 68, subsection 2 is not made, or a false report is made, or an inspection under the provisions of the same subsection is refused, obstructed or evaded, the executive or personnel of the Association or entrusted financial institution who committed the violation shall be punished with a fine of not more than 100,000 yen.

Section 86

1. When a representative of a juridical person (including an organisation of employers that is not a juridical persons; hereinafter in this article, the same applies), or an agent, employee or other worker of a juridical person or natural person commits a violation of the preceding section (but excluding those matters concerning executives or personnel of entrusted financial institutions) with regard to the business of that juridical person or natural person, that juridical person or natural person shall also be assessed with the penalty under that section, in addition to punishing the person who committed the violation.

2. In punishing an organisation of employers that is not a juridical person pursuant to the provisions of the preceding subsection, apart from having the representative thereof represent that organisation in the legal action, the provisions of the laws on criminal procedure that apply when a juridical person is a defendant or suspect shall be applied mutatis mutandis.

section 87

Executives or the liquidator of the Association shall, when they fall under any of the following subsections, be assessed a non-penal fine of not more than 200,000 yen:

(1) when they do not obtain the approval of the Minister of Labour in a case where they are required to do so under the provisions of this Law;

(2) when they neglect to register in violation of the provisions of section 43, subsection 1;

(3) when they violate the provisions of section 50, subsection 2;

(4) when they carry out services other than the services provided for in section 59, subsection 1;

(5) when they do not keep the documents referred to in section 62, subsection 1, in violation of the provisions of that susbection;

(6) when they utilise the surplus funds arising in the course of business in violation of the provisions of section 64-5;

(7) when they violate an order of the Minister of Labour under the provisions of section 69, subsection 1;

(8) when they neglect to give the public notice under the provisions of section 79, subsection 1 or section 81, subsection 1 of the Civil Code, as applied mutatis mutandis under section 71, or give a false public notice;

(9) when they neglect to make a demand for a declaration of bankruptcy, in violation of the provisions of section 8 1, subsection 1 of the Civil Code, as applied mutatis mutandis under section 71;

(10) when they obstruct inspection by the court pursuant to the provisions of section 82, subsection 2 of the Civil Code, as applied mutatis mutandis under section 71.

Section 88

Those who violate the provisions of section 9-6 or section 42, subsection 2 (in the case of a juridical parson or other organisation, its representative) shall be assessed a non-penal fine of not more than one hundred thousand (100,000) yen.

Supplementary Provisions

Section 1. Date of Enforcement

This Law shall come into effect on the day of its promulgation.

Section 2. Special Provisions Regarding Application of section 9-10, etc. concerning Large Region Vocational Centres for the Disabled

1. With respect to the provisions in Chapter II, Title III, Part II and Chapter IV concerning the facilities prescribed by Ministry of Labour Ordinance equivalent to the Large Region Vocational Centres for the Disabled which had been established by the State as of the day prior to the date of enforcement of the Law for Amending a Part of the Physically Handicapped Persons' Employment Promotion Law (Law No. 41 of 1987), which, if the provisions of section 9-10, subsection 1 have not applicable, would become Large Region Vocational Centres for the Disabled established by the State on the date of enforcement of the same Law, the expression "the services provided in section 9" in section 9-10, subsection 1 shall be replaced with "the administration services of the Large Region Vocational Centres for the Disabled"; provided, however, that this shall not apply to those facilities prescribed by Ministry of Labour Ordinance among those concerned after the date prescribed by Ministry of Labour Ordinance.

2. The provisions of section 9-11, subsection 2 shall not apply to the Large Region Vocational Centres for the Disabled which have the Association carry out only their administration services.

Section 3. Temporary Measures for Levies and Incentive Payments for Employers Employing 300 or Fewer Workers

1. The provisions of section 18, subsection 1; section 19 and Chapter III, Title II, Part II shall not, for the time being, apply to employers who regularly employ 300 or fewer workers (except for special corporations; hereinafter in this article, the same applies).

2. The Government may, for the time being, carry out the business of paying the bounty in the next subsection to employers who regularly employ 300 or fewer workers.

3. For the time being, for those employers, among the employers who regularly employ no more than 300 workers, for whom the aggregate number of disabled workers employed on the first day of each month in the year concerned exceeds the greater of either: (a) the aggregate number obtained by multiplying the total number of workers employed by that employer on the first day of each month during the year concerned by the rate fixed by Ministry of Labour Ordinance, which rate shall be greater than the standard employment rate provided for in section 27, subsection 3 (in the event that there are any fractions of less than one worker, such fractions shall be omitted), or (b) the number prescribed by Ministry of Labour Ordinance, the Minister of Labour shall every year, in accordance with Ministry of Labour Ordinance, provide as an incentive payment for that year the amount equivalent to the amount obtained by multiplying the difference (as calculated in the above manner) by the amount, not to exceed the unit adjustment amount provided for in section 19, subsection 2, fixed by Ministry of Labour Ordinance.

4. The provisions of section 15, subsection 2 shall apply mutatis mutandis to the calculation of the number of the workers who are disabled under the preceding paragraph, subsection 3 of the same section shall apply mutatis mutandis in applying the provisions of the preceding three paragraphs to parent employers and section 19, subsection 4 shall apply mutatis mutandis to the incentive payment under the preceding paragraph.

5. With respect to application of the provisions of section 26; Chapter III, Title II, Part III; section 59, subsection 1; sections 59-2 to 60-2; sections 64 to 64-3; section 64-5; section 70-2; section 81, subsection 2; section 85, subsection 1, subsection I (limited to the part concerning section 39-8, subsection 2); section 86; and section 87, subsections 1, 4 and 6, for the time being, "and the expenses necessary for transaction of the affairs concerning the business provided in each subsection of the same article" in section 26, subsection 1 shall be replaced with "the expenses necessary for paying the incentive payment in section 3, subsection 2 of the Supplementary Provisions, and the expenses necessary for transaction of the affairs concerning the business listed in each subsection of section 18 and the business provided in section 3, subsection 2 of the Supplementary Provisions"; "the business listed in each subsection of section 18" in section 39-2, subsection 1 shall be replaced with "the business listed in each subsection of section 18 and the business provided in section 3, subsection 2 of the Supplementary Provisions"; "section 18" in section 39-3 shall be replaced with "section 3, subsection 2 of the Supplementary Provisions" and "and section 36, subsection 2" in the same section shall be replaced with "section 36, subsection 2 and section 3, subsection 3 of the Supplementary Provisions".

6. Workers who are mentally retarded shall be deemed to be workers who are physically disabled and the provisions of subsection 3 shall apply to them.

Section 4. Temporary Measures for Calculation of Amount of Levy, etc. concerning Exclusion Rate Fixed Trade

1. With respect to application of the provisions of section 19, section 27 and the preceding section, for the time being, "the number of workers employed"in section 19, subsection 2; section 27, subsection 1 and 2, and subsection 3 in the preceding section shall be replaced with "the number of workers employed (as for employers in establishments in types of business containing an exclusion rate fixed trades, the number obtained by subtracting the aggregate of the numbers [when there's any fraction in such figures, such fraction shall be omitted] obtained by multiplying the number of workers in each exclusion fixed trade at the establishment concerned on that day by the exclusion rate for the exclusion rate fixed trade from the number of workers employed on that day)"; "the standard employment quota rate provided in section 27, subsection 3" in section 19, subsection 2, and subsection 3 of the preceding section shall be replaced with "the standard employment quota rate in section 27, subsection 3 as applied pursuant to the provisions of section 4, subsection 1 of the Supplementary Provisions"; "to the total number of workers" in section 27, subsection 3 shall be replaced with "to the number obtained by subtracting the total number obtained by multiplying the total number of workers in each exclusion rate fixed trade by the exclusion rate for the exclusion rate fixed trade concerned from the total number of workers"; "the parent employer." in subsection 4 in the same section shall be replaced with "the parent employer. In this case, 'the parent employer concerned.', in subsection 3 of the same section shall be replaced with 'the parent employer concerned, and the establishment of the subsidiary company concerned shall be deemed to be the establishment of the parent employer concerned."; and "preceding paragraph." in subsection 4 of the preceding section shall he replaced with "preceding susbection. In this case, 'the parent employer concerned.' in section 15, subsection 3 shall be replaced with 'the parent employer concerned, and the establishment of the subsidiary company concerned shall be deemed to be the establishment of the parent employer concerned."

2. The measures under the preceding subsection shall be promptly abolished when, in light of the circumstances of substitution between workers who are physically disabled and other workers, improvements in vocational training for the physically disabled, improvements in working equipment and work supporting apparatus for the employment of the physically disabled, and the like, there has come to be a majority of employers in establishments containing exclusion rate fixed trades for whom it is regarded that difficulties in conducting the business would not result even if the provisions of the preceding subsection were not applied.

Section 5. Studies Regarding Promotion of Employment, etc., for the Mentally Retarded, etc.

1. With respect to promotion of the employment of the mentally regarded and the occupational stability thereof, the Government shall endeavour to improve circumstances so that the mentally regarded may exert their abilities, with due consideration to the various conditions of their vocational aptitude, and shall undertake investigation with regard to expanding and strengthening policies for promoting the employment of the mentally retarded and the occupational stability thereof, in accordance with progress in improvement of the circumstances concerned.

2. With respect to promotion of the employment of the disabled other than the physically disabled and mentally retarded and the occupational stability thereof, the Government shall endeavour to undertake surveys and research into the various conditions in vocational aptitudes thereof, and based on the results shall undertake investigation concerning the promotion of policies for achieving the promotion of employment and occupational stability of those disabled.

Annexed List- Scope of Physical Disabilities

1. Relating to the Provisions of section 2

1. The disabilities in vision listed below which are permanent:

2. The disabilities in hearing or equilibrium listed below which are permanent:

3. The disabilities in the functions of voice, speech or mastication listed below:

4. The disabilities in limbs or trunk listed below:

5. Disability in the functions of the heart, the kidney or the respiratory organs or other disability prescribed by Cabinet Order which is permanent and considered to be such of a degree as to restrict life conspicuously.


ILO Home International Labour Organization
NATLEX database
Disclaimer
infonorm@ilo.org