Article 46Plans for General Employers to Hire Qualifying Disabled Persons
第四十六条(一般事業主の対象障害者の雇入れに関する計画)
On finding it to be necessary to do so in order to facilitate the employment of qualifying disabled persons, the Minister of Health, Labour and Welfare may order an employer that employs a number of qualifying disabled workers that is less than the legally mandated number of workers with disabilities (other than an employer that constitutes a specified cooperative or association or a specified employer associated with the certification referred to in paragraph (1) of the preceding Article; hereinafter the same applies in this Article and the following Article) to draw up a plan, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, for hiring qualifying disabled persons in order to bring the number of qualifying disabled workers up to at least the legally mandated number of workers with disabilities.
The provisions of Article 45-2, paragraphs (4) through (6) apply mutatis mutandis to the calculation of the number of qualifying disabled workers referred to in the preceding paragraph.
第四十五条の二第四項から第六項までの規定は、前項の対象障害者である労働者の数の算定について準用する。
To apply the provisions of paragraph (1) to a parent employer or related parent employer, workers that the relevant subsidiary and the relevant related company employ are deemed to be workers employed solely by the parent employer, and workers that the relevant related subsidiaries employ are deemed to be workers employed solely by the related parent employer.
Having drawn up a plan as referred to in paragraph (1), an employer must submit this to the Minister of Health, Labour and Welfare pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare. The same applies if the employer has made changes to the plan.
If the Minister of Health, Labour and Welfare finds the plan referred to in paragraph (1) to be extremely inappropriate, the Minister may recommend that the employer that drew up the plan make changes to it.
On finding it to be especially necessary to do so, the Minister of Health, Labour and Welfare may give an employer that has drawn up a plan as referred to in paragraph (1) recommendations as to the proper implementation of that plan.
Article 47Public Disclosure of General Employers' Failure to Comply
第四十七条(一般事業主についての公表)
If an employer that has drawn up a plan as referred to in paragraph (1) of the preceding Article fails to comply with the recommendation referred to in paragraph (5) or paragraph (6) of that Article without reasonable grounds, the Minister of Health, Labour and Welfare may disclose this to the public.
Article 48Persons with Prescribed Physical Disabilities
第四十八条(特定身体障害者)
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).
Section 2 Payment of Monetary Adjustments for the Employment of Persons with Disabilities and Collection of the Persons with Disabilities Employment Levy
第二節 障害者雇用調整金の支給等及び障害者雇用納付金の徴収
Subsection 1 Payment of Monetary Adjustments for the Employment of Persons with Disabilities; Related Matters
第一款 障害者雇用調整金の支給等
Article 49Levy-Related Operations
第四十九条(納付金関係業務)
The Minister of Health, Labour and Welfare is to carry out the following operations in order to adjust employers' shares of the financial burden associated with employing qualifying disabled persons and in order to facilitate and sustain employment for these persons (hereinafter referred to as "levy-related operations"):
厚生労働大臣は、対象障害者の雇用に伴う経済的負担の調整並びにその雇用の促進及び継続を図るため、次に掲げる業務(以下「納付金関係業務」という。)を行う。
paying employers (excluding special public corporations; hereinafter the same applies in this Section and Section 5) that fall under the provisions of paragraph (1) of the following Article the monetary adjustments for the employment of persons with disabilities referred to in that paragraph;
taking measures that are meant to make it easier for a worker who has come to be a person with a physical or mental disability to adapt to the workplace, and that are necessary in order for the employer to continue to employ that worker;
taking measures that are meant to make it easier for a worker who is a qualifying disabled person and who has come to find it difficult to adapt to the workplace due to physical and mental changes accompanying aging to adapt to the workplace, and that are necessary in order to continue to employ that worker;
加齢に伴つて生ずる心身の変化により職場への適応が困難となつた対象障害者である労働者の雇用の継続のために必要となる当該労働者が職場に適応することを容易にするための措置
assigning a person to provide the needed assistance associated with the employment of qualifying disabled workers and to carry out other operations that are necessary in order to stabilize employment for them (excluding operations that are meant to facilitate the commutes of qualifying disabled workers) (excluding assignment of a person as set forth in (b) of the following item).
paying persons that provide assistance for qualifying disabled persons through a workplace adaptation aide, as follows, a subsidy that is meant to cover the expenses that doing this requires:
対象障害者に対する職場適応援助者による援助であつて、次のいずれかを行う者に対して、その要する費用に充てるための助成金を支給すること。
a program for assisting people through a workplace adaptation aide that is implemented by a social welfare corporation provided for in Article 22 of the Social Welfare Act or by any other corporation that implements projects to facilitate the employment of qualifying disabled persons;
社会福祉法第二十二条に規定する社会福祉法人その他対象障害者の雇用の促進に係る事業を行う法人が行う職場適応援助者による援助の事業
the assignment, by an employer that employs qualifying disabled workers, of workplace adaptation aides who provide the necessary assistance associated with the employment of qualifying disabled workers;
paying employers that employ persons with physical disabilities (limited to the persons with severe physical disabilities and other persons with physical disabilities provided for by Order of the Ministry of Health, Labour and Welfare; hereinafter the same applies in this item), persons with intellectual disabilities, or persons with mental disabilities, or employers' associations that such employers belong to a subsidy that is meant to cover the expenses required for measures to facilitate the commutes of workers with physical, intellectual, or mental disabilities;
paying employers of places of business that employ many workers who are persons with severe physical disabilities, persons with intellectual disabilities, or persons with mental disabilities a subsidy that is meant to cover the expenses required to install or maintain facilities or equipment that is used for business at those places of business;
paying the following persons that implement education and training programs that are meant to develop and enhance the abilities that qualifying disabled persons need in their work (limited to those that conform to the criteria specified by the Minister of Health, Labour and Welfare; hereinafter the same applies in this item) a subsidy that is meant to cover the expenses required for those programs, and paying employers that employ qualifying disabled workers a subsidy that is meant to cover the expenses required for measures to make it easier for qualifying disabled workers to participate in education and training programs:
an incorporated educational institution provided for in Article 3 of the Private Schools Act (Act No. 270 of 1949) that establishes a specialized training college provided for in Article 124 of the School Education Act (Act No. 26 of 1947) or a miscellaneous category school provided for in Article 134, paragraph (1) of the School Education Act, or a corporation provided for in Article 152, paragraph (5) of the Private Schools Act;
学校教育法(昭和二十二年法律第二十六号)第百二十四条に規定する専修学校又は同法第百三十四条第一項に規定する各種学校を設置する私立学校法(昭和二十四年法律第二百七十号)第三条に規定する学校法人又は同法第百五十二条第五項に規定する法人
a social welfare corporation provided for in Article 22 of the Social Welfare Act;
社会福祉法第二十二条に規定する社会福祉法人
any other corporation that implements a project to facilitate the employment of qualifying disabled persons.
その他対象障害者の雇用の促進に係る事業を行う法人
paying persons that carry out a project of assistance concerning the whole series of personnel management steps for qualifying disabled persons, which is necessary in order to hire qualifying disabled persons and continue to employ them, a subsidy that is meant to cover the expenses required for that project of assistance;
対象障害者の雇入れ及びその雇用の継続を図るために必要な対象障害者の一連の雇用管理に関する援助の事業を行うものに対して、当該援助の事業に要する費用に充てるための助成金を支給すること。
carrying out operations related to skills competitions for persons with disabilities;
障害者の技能に関する競技大会に係る業務を行うこと。
carrying out operations for studies, surveys, or training courses on technical matters involved in the employment of qualifying disabled persons or awareness-raising operations that are meant to increase understanding among employers and the general public regarding the employment of qualifying disabled persons (excluding the operations set forth in the preceding item);
collecting the persons with disabilities employment levy provided for in Article 53, paragraph (1);
第五十三条第一項に規定する障害者雇用納付金の徴収を行うこと。
carrying out operations incidental to those set forth in each of the preceding items.
前各号に掲げる業務に附帯する業務を行うこと。
The Minister of Health, Labour and Welfare is to delegate all or part of the services set forth in each item of the preceding paragraphs to JEED.