With regard to the hiring of employees (other than part-time workers; hereinafter the same applies in this paragraph, paragraph (3), and paragraph (4)) in a specified occupation (meaning an occupation provided for by Cabinet Order that is found to be suited to the abilities of a person with a disability who is able to work but for whom the severity of an impairment as set forth in the Appended Table makes it especially difficult to work a standard job; hereinafter the same applies in this Article), if the number of employees in such an occupation who work for the relevant organization and who constitute persons with prescribed physical disabilities (meaning persons with physical disabilities who constitute the persons prescribed by Cabinet Order for each specified occupation; hereinafter the same applies in this Article) is less than the number arrived at when the total number of employees in that occupation who work for the relevant organization is multiplied by the mandatory proportion of workers with prescribed physical disabilities that Cabinet Order prescribes for the occupation (any part of the number so calculated representing less than one full person is disregarded), the national or local government's appointer, pursuant to the provisions of Cabinet Order, must draw up a plan for hiring persons with the prescribed physical disabilities in order to bring the number of employees with prescribed physical disabilities in that occupation up to at least the number arrived at when the total number of employees in that occupation is multiplied by the aforementioned proportion.
国及び地方公共団体の任命権者は、特定職種（労働能力はあるが、別表に掲げる障害の程度が重いため通常の職業に就くことが特に困難である身体障害者の能力にも適合すると認められる職種で政令で定めるものをいう。以下この条において同じ。）の職員（短時間勤務職員を除く。以下この項、第三項及び第四項において同じ。）の採用について、当該機関に勤務する特定身体障害者（身体障害者のうち特定職種ごとに政令で定める者に該当する者をいう。以下この条において同じ。）である当該職種の職員の数が、当該機関に勤務する当該職種の職員の総数に、職種に応じて政令で定める特定身体障害者雇用率を乗じて得た数（その数に一人未満の端数があるときは、その端数は、切り捨てる。）未満である場合には、特定身体障害者である当該職種の職員の数がその特定身体障害者雇用率を乗じて得た数以上となるようにするため、政令で定めるところにより、特定身体障害者の採用に関する計画を作成しなければならない。
The provisions of Article 39 apply mutatis mutandis to the plan referred to in the preceding paragraph.
To apply the provisions of paragraph (1) to an approved ministry or agency, employees who work at the relevant external bureaus and other organizations are deemed to be employees who work solely at the approved ministry or agency; to apply those provisions to a certified local organization, employees who work at the relevant other organization are deemed to be employees who work solely at the certified local organization.
Whether an employee working at the organization in question is a person with a prescribed physical disability is to be confirmed using the documents provided for by Order of the Ministry of Health, Labour and Welfare.
当該機関に勤務する職員が特定身体障害者であるかどうかの確認は、厚生労働省令で定める書類により行うものとする。
On finding it to be necessary to do so, the Minister of Health, Labour and Welfare may give the national or local government's appointer recommendations as to the proper implementation of the confirmation under the provisions of the preceding paragraph.
厚生労働大臣は、必要があると認めるときは、国及び地方公共団体の任命権者に対して、前項の規定による確認の適正な実施に関し、勧告をすることができる。
In hiring workers (excluding part-time workers; hereinafter the same applies in this paragraph, the following paragraph, and paragraph (9)) in a specified occupation, an employer must endeavor to ensure that the number of workers with prescribed physical disabilities they employ in that occupation is at least the number arrived at when the total number of workers they employ in that occupation is multiplied by the mandatory proportion of workers with prescribed physical disabilities prescribed by Order of the Ministry of Health, Labour and Welfare (any part of the number so calculated representing less than one full person is disregarded) for that occupation.
On finding it to be especially necessary to do so in order to facilitate the employment of persons with prescribed physical disabilities, the Minister of Health, Labour and Welfare may order an employer that employs fewer workers with prescribed physical disabilities in a specified occupation than the number calculated pursuant to the provisions of the preceding paragraph, and that it is found would not have any extreme difficulty in increasing that number (limited to one employing a number of workers in the occupation in question that is at least the number that Order of the Ministry of Health, Labour and Welfare prescribes for that occupation) to draw up a plan, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, for hiring persons with prescribed physical disabilities in order to ensure that the number of workers with prescribed physical disabilities in the occupation is at least the number calculated pursuant to the provisions of that paragraph.
To apply the provisions of the preceding two paragraphs to a parent employer, related parent employer, or specified cooperative or association, the workers that the subsidiaries and the related companies employ are deemed to be workers employed solely by the parent employer, the workers that the related subsidiaries employ are deemed to be workers employed solely by the related parent employer, and the workers that a specified employer employs are deemed to be workers employed solely by the relevant specified cooperative or association.
Whether a worker that the employer in question employs is a person with a prescribed physical disability is to be confirmed using the documents provided for by Order of the Ministry of Health, Labour and Welfare.
The provisions of Article 46, paragraph (4) and paragraph (5) apply mutatis mutandis to a plan as referred to in paragraph (7).
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