Every fiscal year, if an employer has an amount equivalent to consideration for home-based work (meaning an amount equivalent to the part of an amount that an employer has paid to a corporation registered by the Minister of Health, Labour and Welfare (hereinafter referred to as a "home-based work support organization") under a contract for the manufacture of goods, provision of services, or other work of a similar kind that it has entered into with that organization, that the organization has paid as consideration for work under home-based work agreements it has entered into with home-based workers with disabilities in performance of its contract with the employer; the same applies hereinafter), the total of those amounts are added to the amount subject to adjustment for the relevant fiscal year. In such a case, to apply the provisions of the preceding Article, "total amount of consideration for work" in paragraph (2) of that Article is deemed to read "aggregate of the total amount of consideration for work and the total of the amounts equivalent to consideration for home-based work provided for in paragraph (1) of the following Article," and ", with regard to" in paragraph (9) of that Article is deemed to read "with regard to", and "deemed to be" is deemed to read "; and the amount equivalent to the consideration for home-based work provided for in paragraph (1) of the following Article in relation to the subsidiaries and the related companies (referred to as the 'amount equivalent to consideration for home-based work' hereinafter in this paragraph) is deemed to be the amount equivalent to consideration for home-based work solely in relation to the related parent employer, the amount equivalent to consideration for home-based work in relation to the related subsidiaries is deemed to be the amount equivalent to consideration for home-based work solely in relation to the related parent employer, and the amount equivalent to consideration for home-based work in relation to the specified employer is deemed to be the amount equivalent to consideration for home-based work solely in relation to the specified cooperative or association".
各年度ごとに、事業主に在宅就業対価相当額（事業主が厚生労働大臣の登録を受けた法人（以下「在宅就業支援団体」という。）との間で締結した物品の製造、役務の提供その他これらに類する業務に係る契約に基づき当該事業主が在宅就業支援団体に対して支払つた金額のうち、当該契約の履行に当たり在宅就業支援団体が在宅就業障害者との間で締結した在宅就業契約に基づく業務の対価として支払つた部分の金額に相当する金額をいう。以下同じ。）があるときは、その総額を当該年度の対象額に加算する。この場合において、前条の規定の適用については、同条第二項中「当該対価の総額」とあるのは「当該対価の総額と次条第一項に規定する在宅就業対価相当額の総額とを合計した額」と、同条第九項中「に関し、」とあるのは「に関し」と、「とみなす」とあるのは「と、当該子会社及び当該関係会社に係る次条第一項に規定する在宅就業対価相当額（以下この項において「在宅就業対価相当額」という。）は当該親事業主のみに係る在宅就業対価相当額と、当該関係子会社に係る在宅就業対価相当額は当該関係親事業主のみに係る在宅就業対価相当額と、当該特定事業主に係る在宅就業対価相当額は当該特定組合等のみに係る在宅就業対価相当額とみなす」とする。
The registration referred in the preceding paragraph is made at the application of a corporation that secures work opportunities that meet the wishes of home-based workers with disabilities, systematically provides work opportunities to home-based workers with disabilities, and carries out other such operations to support home-based workers with disabilities.
A corporation that falls under any of the following items may not be registered as referred to in paragraph (1):
次の各号のいずれかに該当する法人は、第一項の登録を受けることができない。
a corporation that has been sentenced to pay a criminal fine pursuant to the provisions of this Act, the provisions of other labor related laws that are provided for by Cabinet Order, or the provisions of Article 73-2, paragraph (1) of the Immigration Control and Refugee Recognition Act (Cabinet Order No. 319 of 1951) and the provisions of Article 76-2 of that Act to which the provisions of Article 73-2, paragraph (1) of that Act pertains, if it has not been five years since the corporation completed its sentence or ceased to be subject to its enforcement;
この法律の規定その他労働に関する法律の規定であつて政令で定めるもの又は出入国管理及び難民認定法（昭和二十六年政令第三百十九号）第七十三条の二第一項の規定及び同項の規定に係る同法第七十六条の二の規定により、罰金の刑に処せられ、その執行を終わり、又は執行を受けることがなくなつた日から五年を経過しない法人
a corporation whose registration has been revoked pursuant to the provisions of paragraph (18), if it has not been five years since the date of the revocation;
第十八項の規定により登録を取り消され、その取消しの日から五年を経過しない法人
a corporation that has an officer who has been sentenced to imprisonment or a heavier punishment; who has been sentenced to pay a fine pursuant to the provisions of this Act, the provisions of other labor related laws that are provided for by Cabinet Order, or the provisions of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991) (excluding the provisions of Article 50 (limited to the part to which item (ii) pertains) and Article 52 of that Act); or who has been sentenced to a fine for having committed a crime under Article 204, Article 206, Article 208, Article 208-2, Article 222, or Article 247 of the Penal Code (Act No. 45 of 1907), a crime under the Act on Punishment of Physical Violence and Others (Act No. 60 of 1926) or a crime under Article 73-2, paragraph (1) of the Immigration Control and Refugee Recognition Act, if it has not been five years since the person completed the sentence or ceased to be subject to its enforcement;
役員のうちに、拘禁刑以上の刑に処せられ、又はこの法律の規定その他労働に関する法律の規定であつて政令で定めるもの若しくは暴力団員による不当な行為の防止等に関する法律（平成三年法律第七十七号）の規定（同法第五十条（第二号に係る部分に限る。）及び第五十二条の規定を除く。）により、若しくは刑法（明治四十年法律第四十五号）第二百四条、第二百六条、第二百八条、第二百八条の二、第二百二十二条若しくは第二百四十七条の罪、暴力行為等処罰に関する法律（大正十五年法律第六十号）の罪若しくは出入国管理及び難民認定法第七十三条の二第一項の罪を犯したことにより、罰金の刑に処せられ、その執行を終わり、又は執行を受けることがなくなつた日から五年を経過しない者のある法人
If a corporation that has applied for registration pursuant to the provisions of paragraph (2) meets all of the following requirements, the Minister of Health, Labour and Welfare must register it. In such a case, Order of the Ministry of Health, Labour and Welfare prescribes the necessary procedures connected with the registration:
厚生労働大臣は、第二項の規定により登録を申請した法人が次に掲げる要件の全てに適合しているときは、その登録をしなければならない。この場合において、登録に関して必要な手続は、厚生労働省令で定める。
the corporation continually implements all of the following operations, and does this for five or more home-based workers with disabilities at all times:
常時五人以上の在宅就業障害者に対して、次に掲げる業務の全てを継続的に実施していること。
securing work opportunities that meet the wishes of home-based workers with disabilities, and systematically providing those opportunities to home-based workers with disabilities;
在宅就業障害者の希望に応じた就業の機会を確保し、及び在宅就業障害者に対して組織的に提供すること。
providing home-based workers with disabilities with vocational training or information to acquire knowledge and skills necessary to do their work appropriately;
giving home-based workers with disabilities advice or other assistance necessary for them to do their work appropriately;
在宅就業障害者に対して、その業務を適切に行うために必要な助言その他の援助を行うこと。
giving home-based workers with disabilities who wish to work under an employment relationship advice or other assistance;
雇用による就業を希望する在宅就業障害者に対して、必要な助言その他の援助を行うこと。
a person who is knowledgeable about the impairments of the persons with disabilities who are the targets of the operations set forth in (a) through (d) of the preceding item (hereinafter referred to as the "operations that the corporation implements"), who has experience engaging in operations that the person carries out to assist persons with disabilities who have those impairments, and who is knowledgeable about the substance of the operations associated with providing job opportunities for home-based workers with disabilities (referred to as a "person with professional experience" in the following item) is implementing the operations that the corporation implements;
in addition to the persons set forth in the preceding item, the corporation has assigned a manager (limited to one who is a person with professional experience) to properly carry out the operations that the corporation implements; and
the corporation has the necessary facilities and equipment to carry out the operations that the corporation implements.
実施業務を行うために必要な施設及び設備を有すること。
The Minister of Health, Labour and Welfare makes a registration by entering the following particulars in a register of home-based work support organizations:
登録は、在宅就業支援団体登録簿に次に掲げる事項を記載してするものとする。
the date of registration and registration number;
登録年月日及び登録番号
the name and address of the home-based work support organization and the name of its representative; and
在宅就業支援団体の名称及び住所並びにその代表者の氏名
the location of the place of business where the home-based work support organization carries out operations for home-based workers with disabilities.
If not renewed for every period of no more than three years that Cabinet Order prescribes, a registration as referred to in paragraph (1) ceases to be effective upon the lapse of that period.
第一項の登録は、三年以内において政令で定める期間ごとにその更新を受けなければ、その期間の経過によつて、その効力を失う。
The provisions of paragraphs (2) through (5) apply mutatis mutandis to a renewal of registration as referred to in the preceding paragraph.
第二項から第五項までの規定は、前項の登録の更新について準用する。
If a home-based work support organization has been paid consideration by an employer under an agreement to manufacture goods, provide services, or do other work similar to this, the organization must deliver a document certifying the amount equivalent to consideration for home-based work to the employer pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
Beyond what is provided for in the preceding paragraph, a home-based work support organization must carry out operations related to home-based workers with disabilities in a manner that conforms to the requirements set forth in each item of paragraph (4) and the standards prescribed by Order of the Ministry of Health, Labour and Welfare.
Before seeking to change a particular set forth in paragraph (5), item (ii) or item (iii), a home-based work support organization must file notification of this with the Minister of Health, Labour and Welfare at least two weeks prior to the date on which it seeks to make that change.
A home-based work support organization must establish regulations for operations related to home-based workers with disabilities (referred to as the "operational regulations" in the following paragraph) and file a notification with the Minister of Health, Labour and Welfare prior to the commencement of those operations. The same applies if the organization seeks to make any change to the operational regulations.
In its operational regulations, a home-based work support organization must establish how it will implement the operations related to home-based workers with disabilities and other particulars provided for by Order of the Ministry of Health, Labour and Welfare.
Before a home-based work support organization suspends or discontinues all or part of the operations related to home-based workers with disabilities, it must first file a notification of this with the Minister of Health, Labour and Welfare, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
Within three months after the end of each business year, a home-based work support organization must prepare an inventory of assets, balance sheet, profit and loss statement, or income and expenditure statement, and business report for that business year (this includes electronic or magnetic records (meaning records used in computer data processing that are created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses; the same applies hereinafter), if electronic or magnetic records are prepared in lieu of these paper documents; hereinafter each of these is individually referred to as a "financial statement or business report") and keep them in its place of business for five years.
在宅就業支援団体は、毎事業年度経過後三月以内に、その事業年度の財産目録、貸借対照表及び損益計算書又は収支計算書並びに事業報告書（その作成に代えて電磁的記録（電子的方式、磁気的方式その他の人の知覚によつては認識することができない方式で作られる記録であつて、電子計算機による情報処理の用に供されるものをいう。以下同じ。）の作成がされている場合における当該電磁的記録を含む。以下「財務諸表等」という。）を作成し、五年間事業所に備えて置かなければならない。
A home-based worker with a disability or any other such interested person may make the following requests at any time during the business hours of a home-based work support organization; provided, however, that the person must pay the fee that the home-based work support organization sets in order to make a request as referred to in item (ii) or item (iv);
a request to inspect or copy the paper document constituting a financial statement or business report, if the financial statement or business report has been prepared in the form of a paper document;
財務諸表等が書面をもつて作成されているときは、当該書面の閲覧又は謄写の請求
a request for a certified copy or extract of a document as referred to in the preceding item;
前号の書面の謄本又は抄本の請求
a request to inspect or copy something that has been made to show the particulars recorded in the electronic or magnetic record constituting a financial statement or business report through the means prescribed by Order of the Ministry of Health, Labour and Welfare, if the financial statement or business report has been prepared in the form of an electronic or magnetic record; or
a request to be provided with the particulars recorded in an electronic or magnetic record as referred to in the preceding item by an electronic or magnetic means that Order of the Ministry of Health, Labour and Welfare prescribes, or a request to be issued a paper document giving those particulars.
On finding that a home-based work support organization no longer conforms to one of the items of paragraph (4), the Minister of Health, Labour and Welfare may order it to take the necessary measures to conform to those provisions.
On finding a home-based work support organization to be in violation of the provisions of paragraph (9), the Minister of Health, Labour and Welfare may order it to carry out operations related to home-based workers with disabilities or to take the necessary measures to improve the way it implements those operations or the way it carries out other operations.
If a home-based work support organization falls under one of the following items, the Minister of Health, Labour and Welfare may revoke its registration, or may order it to suspend all or part of its operations related to home-based workers with disabilities for a fixed period:
it has come to fall under paragraph (3), item (i) or item (iii);
it has violated the provisions of paragraph (8), paragraphs (10) through (14) or the following paragraph;
第八項、第十項から第十四項まで又は次項の規定に違反したとき。
it has denied a request under the provisions of each item of paragraph (15) without a legitimate reason for doing so;
正当な理由がないのに第十五項各号の規定による請求を拒んだとき。
it has violated an order under the provisions of one of the preceding two paragraphs; or
前二項の規定による命令に違反したとき。
it was registered as referred to in paragraph (1) by wrongful means.
不正の手段により第一項の登録を受けたとき。
A home-based work support organization must keep books and records, make entries for the particulars provided for by Order of the Ministry of Health, Labour and Welfare concerning its operations related to home-based workers with disabilities in the books and records, and retain the books and records, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
On finding it to be necessary to do so in connection with the operations referred to in paragraph (1) of the preceding Article in a case as referred to in paragraph (2) of that Article as applied following a deemed replacement of terms pursuant to paragraph (1), JEED may request an employer, home-based worker with a disability, or home-based work support organization to report the necessary particulars.
Once every year, a home-based work support organization must submit a report to the Minister of Health, Labour and Welfare on the particulars prescribed by Order of the Ministry of Health, Labour and Welfare in connection with its operations related to home-based workers with disabilities, pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
The Ministry of Health, Labour and Welfare must issue public notice in the Official Gazette:
厚生労働大臣は、次に掲げる場合には、その旨を官報に公示しなければならない。
on having made a registration as referred to in paragraph (1);
第一項の登録をしたとき。
on having received a notification under the provisions of paragraph (10);
第十項の規定による届出があつたとき。
on having received a notification under the provisions of paragraph (13); or
第十三項の規定による届出があつたとき。
on having revoked a registration as referred to in paragraph (1) or ordered an organization to suspend operations related to home-based workers with disabilities, pursuant to the provisions of paragraph (18).
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