Article 43General Employers' Duty to Employ Qualifying Disabled Persons; Related Matters

①When an employment relationship changes as provided by Order of the Ministry of Health, Labour and Welfare, the employer (meaning an employer that employs regularly employed workers (hereinafter simply referred to as "workers") and excluding the national government and local governments; the same applies hereinafter, except in the following Chapter and Article 81-2) must ensure that the number of qualifying disabled workers they employ is at least the number arrived at when the number of workers they employ is multiplied by the mandatory proportion of disabled workers (any part of the number so calculated representing less than one full person is disregarded; referred to as the "legally mandated number of workers with disabilities" in Article 46, paragraph (1)).

②The "mandatory proportion of disabled workers" that is referred to in the preceding paragraph is to be set based on the percentage of the total number of workers (inclusive of those who are unable to obtain stable employment despite having the will and ability to work; the same applies in Article 54, paragraph (3)) that the total number of qualifying disabled workers (inclusive of qualifying disabled persons who are unable to obtain stable employment despite having the will and ability to work; the same applies in Article 54, paragraph (3)) accounts for, and is prescribed by Cabinet Order at least every five years in consideration of the changes in that percentage.

③When the number of qualifying disabled workers referred to in paragraph (1) and the total number of qualifying disabled workers referred to in the preceding paragraph are calculated, each part-time worker (meaning a regularly employed worker who has a number of scheduled working hours per week that is low in comparison to the number of scheduled working hours per week of workers with standard employment statuses who are employed at that employer's place of business, and that is less than the number of hours specified by the Minister of Health, Labour and Welfare; the same applies hereinafter) who is a qualifying disabled person is deemed to constitute the number of qualifying disabled workers provided for by Order of the Minister of Health, Labour and Welfare.

④When the number of qualifying disabled workers referred to in paragraph (1) and the total number of qualifying disabled workers referred to in paragraph (2) are calculated, each worker with a severe physical or intellectual disability (other than a part-time worker) is deemed to constitute the number of qualifying disabled workers prescribed by Cabinet Order.

⑤Notwithstanding the provisions of paragraph (3), when the number of qualifying disabled workers referred to in paragraph (1) and the total number of qualifying disabled workers referred to in paragraph (2) are calculated, each part-time worker with a severe physical or intellectual disability is deemed to constitute the number of qualifying disabled workers prescribed by Order of the Ministry of Health, Labour and Welfare, to the extent that this does not reach the number provided for by Cabinet Order referred to in the preceding paragraph.

⑥Notwithstanding the provisions of paragraph (2), for a special public corporation (meaning a corporation incorporated directly by a law, a corporation incorporated through a special act of incorporation pursuant to a special law, or a corporation that a local government incorporates under a special law, all or substantial parts of whose capital has been contributed by the national government or local governments or whose primary sources of funds for expenses necessary for project management are grants or subsidies from the national government or local governments and that are provided for by Cabinet Order; the same applies hereinafter), the mandatory proportion of disabled workers referred to in paragraph (1) is to be a percentage of not less than the percentage under the provisions of paragraph (2) that Cabinet Order prescribes.

⑦An employer (limited to one that ordinarily employs at least the number of workers provided for by Order of the Ministry of Health, Labour and Welfare) must report the employment status of qualifying disabled workers to the Minister of Health, Labour and Welfare once a year, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.

⑧When the number of workers an employer employs that is referred to in paragraph (1) and the preceding paragraph and the total number of workers referred to in paragraph (2) are calculated, each part-time worker is deemed to constitute the number of workers that is provided for by Order of the Ministry of Health, Labour and Welfare.

⑨Whether a worker employed by the employer in question is a qualifying disabled person is to be confirmed using the documents provided for by Order of the Ministry of Health, Labour and Welfare.