To apply the provisions of paragraph (1) and paragraph (7) of the preceding Article to an employer that has a special connection provided for by Order of the Ministry of Health, Labour and Welfare to a specific stock company (excluding an employer that is a member associated with a certification as referred to in Article 45-3, paragraph (1)), and that, based on the application of the employer and the relevant stock company (hereinafter referred to as a "subsidiary"), has had it certified by the Minister of Health, Labour and Welfare that the subsidiary conforms to the following criteria (hereinafter referred to as a "parent employer"), the workers that the subsidiary employs are deemed to be workers that the parent employer solely employs, and the subsidiary's places of business are deemed to be the parent employer's places of business:
特定の株式会社(第四十五条の三第一項の認定に係る組合員たる事業主であるものを除く。)と厚生労働省令で定める特殊の関係のある事業主で、当該事業主及び当該株式会社(以下「子会社」という。)の申請に基づいて当該子会社について次に掲げる基準に適合する旨の厚生労働大臣の認定を受けたもの(以下「親事業主」という。)に係る前条第一項及び第七項の規定の適用については、当該子会社が雇用する労働者は当該親事業主のみが雇用する労働者と、当該子会社の事業所は当該親事業主の事業所とみなす。
the same persons are closely connected with both the business that the subsidiary does and the business that the parent employer does;
the number of qualifying disabled workers that the subsidiary employs is at least the number provided for by the Minister of Health, Labour and Welfare, and that number as a proportion of the total number of workers the subsidiary employs is at least the percentage provided for by the Minister of Health, Labour and Welfare;
the subsidiary is sufficiently able to appropriately carry out personnel management for the qualifying disabled workers it employs; and
other than as set forth in the preceding two items, it is recognized that, in the business that the subsidiary does, there is sure to be success in facilitating the employment of qualifying disabled workers that the subsidiary employs, including workers with severe physical or intellectual disabilities, and in stabilizing employment for them.
When the total number of workers referred to in item (ii) of the preceding paragraph is 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.
When the number of qualifying disabled workers referred to in paragraph (1), item (ii) is calculated, each part-time qualifying disabled worker is deemed to constitute the number of qualifying disabled workers that is provided for by Order of the Ministry of Health, Labour and Welfare.
If, after the Minister of Health, Labour and Welfare grants a certification under the provisions of paragraph (1), the parent employer comes to no longer meet the requirements for the special connection provided for in that paragraph or discontinues its business operations, or the Minister finds that the subsidiary associated with the certification no longer meets the criteria set forth in the items of that paragraph, the Minister may revoke the certification.
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