Section 1 Duty to Employ Qualifying Disabled Persons
第一節 対象障害者の雇用義務等
Article 37Employer Responsibilities in the Employment of Qualifying Disabled Persons
第三十七条(対象障害者の雇用に関する事業主の責務)
All employers have a collective responsibility to extend appropriate places of employment based on the principles of social solidarity as it relates to the employment of qualifying disabled persons, and must endeavor to readily hire qualifying disabled persons.
全て事業主は、対象障害者の雇用に関し、社会連帯の理念に基づき、適当な雇用の場を与える共同の責務を有するものであつて、進んで対象障害者の雇入れに努めなければならない。
The term "qualifying disabled person" as used in this Chapter, Article 86, item (ii) and Articles 3 through 6 of the Supplementary Provisions means a person with a physical disability, a person with an intellectual disability, or a person with a mental disability (but only one who has been issued a mental disability certificate pursuant to the provisions of Article 45, paragraph (2) of the Act on Mental Health and Welfare for Persons with Mental Disorders or Disabilities (Act No. 123 of 1950); the same applies hereinafter, except in Section 4 and Article 79, paragraph (1)).
Article 38Duties of the National Government and Local Governments Concerning Employment
第三十八条(雇用に関する国及び地方公共団体の義務)
With regard to the hiring of employees (limited to employees who work for the organization in question (inclusive of any organization with which a person exercising appointive power after having been delegated by the relevant appointer is associated; the same applies hereinafter) on a full-time basis, other than police officers, self-defense officers, and other officials provided for by Cabinet Order; the same applies hereinafter, except in Article 79, paragraph (1) and Article 81, paragraph (2)), if the number of qualifying disabled employees who work for an organization is less than the number arrived at when the total number of employees of that organization is multiplied by a rate no lower than the mandatory proportion of disabled workers provided for in Article 43, paragraph (2) which is provided for by Cabinet Order (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 qualifying disabled persons in order to bring the number of qualifying disabled employees up to at least the number arrived at when the total number of employees is multiplied by the aforementioned rate.
国及び地方公共団体の任命権者は、職員(当該機関(当該任命権者の委任を受けて任命権を行う者に係る機関を含む。以下同じ。)に常時勤務する職員であつて、警察官、自衛官その他の政令で定める職員以外のものに限る。第七十九条第一項及び第八十一条第二項を除き、以下同じ。)の採用について、当該機関に勤務する対象障害者である職員の数が、当該機関の職員の総数に、第四十三条第二項に規定する障害者雇用率を下回らない率であつて政令で定めるものを乗じて得た数(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、対象障害者である職員の数がその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、対象障害者の採用に関する計画を作成しなければならない。
When the total number of employees referred to in the preceding paragraph is calculated, each employee working reduced hours (meaning a full-time employee whose weekly working hours are short compared to the weekly working hours of employees with standard employment statuses who work at the relevant organization, and are less than the number of hours prescribed by the Minister of Health, Labour and Welfare as referred to in Article 43, paragraph (3); the same applies hereinafter) is deemed to constitute the number of employees that is provided for by Order of the Ministry of Health, Labour and Welfare.
When the number of qualifying disabled employees referred to in paragraph (1) is calculated, each qualifying disabled employee working reduced hours is deemed to constitute the number of qualifying disabled employees that is provided for by Order of the Ministry of Health, Labour and Welfare.
When the number of qualifying disabled employees referred to in paragraph (1) is calculated, each employee with a severe physical disability or severe intellectual disability (excluding employees working reduced hours) is deemed to constitute the number of qualifying disabled employees that is provided for by Cabinet Order.
Notwithstanding the provisions of paragraph (3), when the number of qualifying disabled employees referred to in paragraph (1) is calculated, each employee with a severe physical or intellectual disability who is working reduced hours is deemed to constitute the number of qualifying disabled employees provided for 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.
Whether an employee working at the organization 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.
当該機関に勤務する職員が対象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。
Article 39Reporting of Hiring Status; Related Matters
第三十九条(採用状況の通報等)
The national or local government's appointer must report the plan referred to in paragraph (1) of the preceding Article and the status of its implementation to the Minister of Health, Labour and Welfare, pursuant to the provisions of Cabinet Order.
国及び地方公共団体の任命権者は、政令で定めるところにより、前条第一項の計画及びその実施状況を厚生労働大臣に通報しなければならない。
On finding it to be especially necessary to do so, the Minister of Health, Labour and Welfare may give the national or local government's appointer who has drawn up the plan referred to in paragraph (1) of the preceding Article recommendations as to the proper implementation of that plan.
厚生労働大臣は、特に必要があると認めるときは、前条第一項の計画を作成した国及び地方公共団体の任命権者に対して、その適正な実施に関し、勧告をすることができる。
Article 40Reporting of Appointment and Dismissal Status; Related Matters
第四十条(任免に関する状況の通報等)
The national or local government's appointer must report the appointment and dismissal status for qualifying disabled employees at the relevant organization to the Minister of Health, Labour and Welfare once a year, pursuant to the provisions of Cabinet Order.
国及び地方公共団体の任命権者は、毎年一回、政令で定めるところにより、当該機関における対象障害者である職員の任免に関する状況を厚生労働大臣に通報しなければならない。
Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, the national or local government's appointer must disclose the substance of what was reported to the Minister of Health, Labour and Welfare pursuant to the provisions pursuant to the provisions of the preceding paragraph.
国及び地方公共団体の任命権者は、厚生労働省令で定めるところにより、前項の規定により厚生労働大臣に通報した内容を公表しなければならない。
Article 41Special Provisions for Employees Working for the National Government
第四十一条(国に勤務する職員に関する特例)
To apply the provisions of Article 38, paragraph (1) and the preceding Article to a ministry or agency (meaning an organization provided for in Article 49, paragraph (1) of the Act for Establishment of the Cabinet Office (Act No. 89 of 1999) or Article 3, paragraph (2) of the National Government Organization Act (Act No. 120 of 1948); the same applies hereinafter) that, based on the application of that ministry's or agency's appointer and the appointer of an external bureau and other organizations (meaning the organizations provided for in Article 49, paragraph (2) of the Act for Establishment of the Cabinet Office, or commissions and agencies provided for in Article 3, paragraph (2) and extraordinary organizations provided for in Article 8-3 of the National Government Organization Act; the same applies hereinafter), has been approved by the Minister of Health, Labour and Welfare as a ministry or agency that may accelerate the hiring of qualifying disabled employees as a single entity (hereinafter referred to as the "approved ministry or agency"), the employees who work at those external bureaus and other organizations are deemed to be employees who work solely at that approved ministry or agency, and those external bureaus and other organizations are deemed to be that approved ministry or agency.
省庁(内閣府設置法(平成十一年法律第八十九号)第四十九条第一項に規定する機関又は国家行政組織法(昭和二十三年法律第百二十号)第三条第二項に規定する省若しくは庁をいう。以下同じ。)で、当該省庁の任命権者及び当該省庁に置かれる外局等(内閣府設置法第四十九条第二項に規定する機関、国家行政組織法第三条第二項に規定する委員会若しくは庁又は同法第八条の三に規定する特別の機関をいう。以下同じ。)の任命権者の申請に基づいて、一体として対象障害者である職員の採用の促進を図ることができるものとして厚生労働大臣の承認を受けたもの(以下「承認省庁」という。)に係る第三十八条第一項及び前条の規定の適用については、当該外局等に勤務する職員は当該承認省庁のみに勤務する職員と、当該外局等は当該承認省庁とみなす。
If, after the Minister of Health, Labour and Welfare has granted the approval under the provisions of the preceding paragraph, the approved ministry or agency or an external bureau or other organization is disestablished or the Minister finds that the approved ministry or agency or an external bureau or other organization has become unable to accelerate the hiring of qualifying disabled employees, the Minister may revoke that approval.
Article 42Special Provisions for the Employees Working in Local Government
第四十二条(地方公共団体に勤務する職員に関する特例)
To apply the provisions of Article 38, paragraph (1) and Article 40 to a local government organization that, based on the application of the appointer of that organization and the appointer of a local government organization other than the organization in question (hereinafter referred to as "the other organization"), has had it certified by the Minister of Health, Labour and Welfare that it and the other organization conform to the following criteria (hereinafter referred to as a "certified local organization"), the employees who work at the other organization are deemed to be employees who work solely at the certified local organization, and the other organization is deemed to be that certified local organization:
the same persons are closely connected with both the certified local organization and the other organization;
it is recognized that there is sure to be success in facilitating the hiring of qualifying disabled employees at the certified local organization and the other organization.
If, after the Minister of Health, Labour and Welfare grants a certification under the preceding paragraph, the certified local organization or the other organization is disestablished or the Minister finds that it no longer conforms to the criteria set forth in one of the items of the preceding paragraph, the Minister may revoke the certification.
When 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)).
The "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.
When 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.
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 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.
Notwithstanding 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.
Notwithstanding 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.
An 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.
When 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.