Article 44Special Provisions for Workers Employed by Subsidiaries
第四十四条（子会社に雇用される労働者に関する特例）
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.
第四十五条
To apply the provisions of Article 43, paragraph (1) and paragraph (7) to a parent employer that has a special connection provided for by Order of the Ministry of Health, Labour and Welfare to a specific stock company (other than the subsidiaries of the parent employer and employers that are the members associated with a certification as referred to in Article 45-3, paragraph (1)), and that, based on the application of the parent employer, the relevant subsidiary, and the relevant stock company (hereinafter referred to as a "related company"), has had it certified by the Minister of Health, Labour and Welfare that the parent employer and the related company conform to the following criteria, the workers that the related company employs are deemed to be workers that the parent employer solely employs, and the related company's places of business are deemed to be the parent employer's places of business:
the same persons are closely connected with both the business that the related company does and the business that the subsidiary does, there are close operational connections in the business that the related company and the subsidiary do, or the related company has made a financial contribution to the subsidiary;
pursuant to the provisions of Article 78, paragraph (2), the parent employer has appointed a person to handle the tasks set forth in the items of that paragraph, and has decided that the person in question will also carry out the tasks set forth in item (i) of that paragraph for the subsidiary and the related company; and
it is recognized that the parent employer is sure to be able to succeed in facilitating the employment of qualifying disabled workers it employs and qualifying disabled workers employed by the relevant subsidiary and related company, and in stabilizing employment for those workers.
If a related company has been granted the certification referred to in paragraph (1) of the preceding Article or paragraph (1) of the following Article, it may not file an application as referred to in the preceding paragraph.
The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to a case as referred to in paragraph (1).
Article 45-2Special Provisions for Workers Employed by Related Subsidiaries
第四十五条の二（関係子会社に雇用される労働者に関する特例）
To apply the provisions of Article 43, paragraph (1) and paragraph (7) to an employer that, based on the application of that employer and all of its subsidiaries, has had it certified by the Minister of Health, Labour and Welfare that the employer and the subsidiaries to which the application pertains (hereinafter referred to as "related subsidiaries") conform to the following criteria (hereinafter a parent employer that has had this certified is referred to as a "related parent employer"), the workers that the related subsidiaries employ are deemed to be workers employed solely by the related parent employer, and the related subsidiaries' places of business are deemed to be the related parent employer's places of business:
pursuant to the provisions of Article 78, paragraph (2), the employer has appointed a person to handle the tasks set forth in the items of that paragraph, and has decided that the person in question will also carry out the tasks set forth in item (i) of that paragraph for the related subsidiaries;
it is recognized that the parent employer is sure to be able to succeed in facilitating the employment of qualifying disabled workers they employ and qualifying disabled workers employed by the related subsidiaries and in stabilizing employment for those workers;
the number of qualifying disabled workers the related subsidiaries employ is at least the number provided for by the Minister of Health, Labour and Welfare;
the related subsidiary in question is sufficiently able to appropriately carry out personnel management for the qualifying disabled workers it employs; or, in connection with the duties in which the qualifying disabled workers that the other related subsidiaries employ are engaged, the same persons are closely connected with both the business that the related subsidiary in question does and the business that the other related subsidiaries do or there are close operational connections in the business that the related subsidiary in question and the other related subsidiaries do.
Notwithstanding the provisions of Article 44, paragraph (1) or paragraph (1) of the following Article, if a related subsidiary has been granted the certification referred to in one of those paragraphs, the subsidiary or related company in question is deemed to be a related subsidiary and the provisions of the preceding paragraph (except for item (iii) and item (iv)) apply.
An employer whose related subsidiary has been granted the certification referred to in paragraph (1) may not be granted the certification referred to in that paragraph.
When the number of qualifying disabled workers referred to in paragraph (1), item (iii) is calculated, each part-time qualifying disabled worker is deemed to constitute the number of qualifying disabled workers as 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 (iii) is calculated, each worker with a severe physical or intellectual disability (other than part-time workers) is deemed to constitute the number of qualifying disabled workers provided for by Cabinet Order.
Notwithstanding the provisions of paragraph (4), when the number of qualifying disabled workers referred to in paragraph (1), item (iii) is calculated, each part-time worker with a severe physical or intellectual disability is deemed to constitute the number of qualifying disabled workers 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.
The provisions of Article 44, paragraph (4) apply mutatis mutandis to a case as referred to in paragraph (1).
Article 45-3Special Provisions for Workers Employed by Specified Employers
第四十五条の三（特定事業主に雇用される労働者に関する特例）
To apply the provisions of Article 43, paragraph (1) and paragraph (7) to a business cooperative or association that, based on the application of that business cooperative or association and multiple employers who are its members (but only employers ordinarily employing a number of workers that is at least the number provided for by Order of the Ministry of Health, Labour and Welfare as referred to in Article 43, paragraph (7); subsidiaries, related companies, related subsidiaries, and member employers associated with a certification referred to in Article 44, paragraph (1), Article 45, paragraph (1), paragraph (1) of the preceding Article or this paragraph are excluded; hereinafter any such member employer is referred to as a "specified employer"), has had it certified by the Minister of Health, Labour and Welfare that the business cooperative or association and those specified employers conform to the following criteria (hereinafter such a business cooperative or association is referred to as "specified cooperative or association"), the workers that the specified employer employs are deemed to be workers that the specified cooperative or association solely employs, and the specified employers' places of business are deemed to be the places of business of the specified cooperative or association:
事業協同組合等であつて、当該事業協同組合等及び複数のその組合員たる事業主（その雇用する労働者の数が常時第四十三条第七項の厚生労働省令で定める数以上である事業主に限り、第四十四条第一項、第四十五条第一項、前条第一項又はこの項の認定に係る子会社、関係会社、関係子会社又は組合員たる事業主であるものを除く。以下「特定事業主」という。）の申請に基づいて当該事業協同組合等及び当該特定事業主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「特定組合等」という。）に係る第四十三条第一項及び第七項の規定の適用については、当該特定事業主が雇用する労働者は当該特定組合等のみが雇用する労働者と、当該特定事業主の事業所は当該特定組合等の事業所とみなす。
the same persons are closely connected with both the business that the business cooperative or association does and the business that the relevant specified employer does, or there are close operational connections between the business that the business cooperative or association does and the business that the relevant specified employer does, as it relates to the duties in which the qualifying disabled workers that the business cooperative or association itself employs are engaged;
it has been provided for in the business cooperative's or association's articles of incorporation, regulations, or anything equivalent to these that, if the persons with disabilities employment levy referred to in Article 53, paragraph (1) is collected, the business cooperative or association will impose the costs associated with that levy on specified employers according to the extent of specified employers' employment of qualifying disabled workers;
the business cooperative or association has drawn up a plan (hereinafter referred to as an "implementation plan" in this item and paragraph (3)) to properly implement projects to facilitate the employment of qualifying disabled workers it employs and qualifying disabled workers employed by those specified employers and to stabilize employment for those workers (referred to as "employment facilitation projects" in paragraph (3)), and it is recognized that the business cooperative or association is sure to be able to succeed in facilitating the employment of those qualifying disabled workers and in stabilizing employment for those workers, following that plan;
the number of qualifying disabled workers that the business cooperative or association itself 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 that the business cooperative or association employs is at least the percentage provided for by the Minister of Health, Labour and Welfare;
the business cooperative or association is sufficiently able to appropriately carry out personnel management for the qualifying disabled workers it itself employs; and
the number of qualifying disabled workers that those specified employers employ is at least the number prescribed by the Minister of Health, Labour and Welfare.
In this Article, the term "business cooperative or association" means a business cooperative, a limited liability partnership provided for in Article 2 of the Limited Liability Partnership Act (Act No. 40 of 2005) (limited to one that meets requirements provided for by Order of the Ministry of Health, Labour and Welfare, such as that only small and medium-sized enterprises (limited to those set forth in the items of Article 2, paragraph (1) of the Small and Medium-sized Enterprise Basic Act (Act No. 154 of 1963)) are its members; referred to as a "specified limited liability partnership" in item (iv) of the following paragraph and paragraph (7)), or any other association established under a special Act that is provided for by Order of the Ministry of Health, Labour and Welfare.
A business cooperative or association must include the following particulars in the implementation plan:
実施計画には、次に掲げる事項を記載しなければならない。
the goals of the employment facilitation projects (including goals for the numbers of qualifying disabled workers that the business cooperative or association and specified employers each seek to employ);
the substance of the employment facilitation projects; and
雇用促進事業の内容
the timing for implementing the employment facilitation projects.
雇用促進事業の実施時期
in the case of a specified limited liability partnership, among the measures provided for by Order of the Ministry of Health, Labour and Welfare as measures that need to be taken if grounds for dissolution arise, the measures that the specified limited liability partnership is to take.
特定有限責任事業組合にあつては、解散の事由が生じた場合に講ずることが必要な措置として厚生労働省令で定める措置のうち、当該特定有限責任事業組合が講ずることとするもの
If a specified employer has been granted the certification referred to in Article 44, paragraph (1), paragraph (1) of the preceding Article, or paragraph (1), the employer may not file an application as referred to in any of those paragraphs.
The provisions of Article 43, paragraph (8) apply mutatis mutandis to the calculation of the number of workers an employer employs that is referred to in paragraph (1) and the total number of workers referred to in item (iv) of that paragraph.
The provisions of paragraph (4) of the preceding Article apply mutatis mutandis to the calculation of the number of qualifying disabled workers referred to in paragraph (1), item (iv), and the provisions of paragraphs (4) through (6) of that Article apply mutatis mutandis to the calculation of the number of qualifying disabled workers referred to in paragraph (1), item (vi).
前条第四項の規定は第一項第四号の対象障害者である労働者の数の算定について、同条第四項から第六項までの規定は第一項第六号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。
If, after the Minister of Health, Labour and Welfare grants a certification under the provisions of paragraph (1), the Minister finds that the business cooperative or association and specified employers associated with the certification no longer conform to the criteria set forth in the items of that paragraph, or finds that the specified limited liability partnership associated with the certification no longer meets the requirements provided for by Order of the Ministry of Health, Labour and Welfare referred to in paragraph (2), the Minister may revoke the certification.