Supplementary Provisions

This Act comes into effect as of the date of promulgation.

①To apply the provisions of Article 19 to the facilities corresponding to the regional vocational centers for persons with disabilities that had been established by the national government by the day prior to the effective date of the Act Partially Amending the Act on the Promotion of the Employment of Disabled Persons (Act No. 41 of 1987) which Order of the Ministry of Health, Labour and Welfare prescribes as becoming regional vocational centers for persons with disabilities that are established by the national government on the effective date of that Act, in paragraph (1) of that Article, the phrase "establishment and management" is deemed to read "management"; provided, however, that, on and after the date specified by Order of the Ministry of Health, Labour and Welfare, this does not apply to the facilities in question that are provided for by that Order of the Ministry of Health, Labour and Welfare.

②Order of the Ministry of Health, Labour and Welfare prescribes the names and locations of the regional vocational centers for persons with disabilities for which the Minister of Health, Labour and Welfare has JEED carry out only management operations pursuant to the provisions of the preceding paragraph.

①Until otherwise provided for by law, to apply the provisions of Article 38, the phrase "the total number of employees of that organization" in paragraph (1) of that Article is deemed to read "the total number of employees of that organization (or, for an organization provided for by Cabinet Order as one at which a considerable percentage of the employees are in occupations that it is found to be difficult for qualifying disabled persons to work in (hereinafter referred to as an "organization for which an exclusion rate is established"), the number arrived at when the total number of employees of that organization is multiplied by the exclusion rate for that organization (meaning the rate of not more than 95% provided for by Cabinet Order) (any part of the number so calculated representing less than one full person is disregarded) and then the product is deducted from the total number of employees of that organization)".

②Until otherwise provided for by law, to apply the provisions of Article 43, the phrase "the number of workers it employs" in paragraph (1) of that Article is deemed to read "the number of workers it employs (or, for the employer of a place of business carrying out operations that belong to a business type for which an exclusion rate is established (meaning a business type provided for by Order of the Ministry of Health, Labour and Welfare as one in which a considerable percentage of the workers are in occupations that it is found difficult for qualifying disabled persons to work in; the same applies hereinafter), the number arrived at when the number of workers in each business type for which exclusion rate is set at that place of business is multiplied by the exclusion rate for that business type (meaning the rate of not more than 95% provided for by Order of the Ministry of Health, Labour and Welfare in consideration of the proportion of the workers in the business type for which the exclusion rate is set that workers in the relevant occupations ordinarily account for; the same applies hereinafter) (any part of the number so calculated representing less than one full person is disregarded) and then the product is deducted from the total number of workers it employs; the same applies in paragraph (7) and Article 78, paragraph (2))"; and "the total number of workers" in paragraph (2) of that Article is deemed to read "the number arrived at when the numbers of workers in each type of business for which an exclusion rate has been set are multiplied by the exclusion rates for those types of business, and the sum of these is deducted from the total number of workers".

③The Cabinet Order referred to in Article 38 as applied following a deemed replacement of terms pursuant to the provisions of paragraph (1), and the Order of the Ministry of Health, Labour and Welfare referred to in Article 43 as applied following a deemed replacement of terms pursuant to the provisions of the preceding paragraph are to be enacted and amended so that the rates set by the Cabinet Order and Order of the Ministry of Health, Labour and Welfare are diminished gradually, in consideration of the extent of employment of qualifying disabled persons in the organizations for which an exclusion rate is set and business types for which an exclusion rate is set, the extent of development of technological innovations that makes it easier for persons with disabilities to find employment, and other matters.

①With regard to an employer ordinarily employing 100 or fewer workers (excluding special public corporations; the same applies hereinafter in this Article), the provisions of Article 49, paragraph (1), item (i), Article 50, and Chapter III, Section 2, Subsection 2 and Section 5 do not apply until otherwise provided for by law.

②Until otherwise provided for by law, the Minister of Health, Labour and Welfare may carry out operations for paying the monetary incentive referred to in the following paragraph or the special monetary incentive for home-based workers with disabilities referred to in paragraph (4) (hereinafter referred to as an "incentive") to employers ordinarily employing 100 or fewer workers.

③The Minister of Health, Labour and Welfare, until otherwise provided for by law, as provided by Order of the Ministry of Health, Labour and Welfare, is to pay, for each fiscal year, to an employer among employers ordinarily employing 100 or fewer workers for which the aggregate number of qualifying disabled workers it employs as of the first day of each month of that fiscal year exceeds the greater of the aggregate of the numbers arrived at when the number of workers it employs as of the first day of each month of that fiscal year is multiplied by a rate that exceeds the benchmark proportion of disabled workers prescribed in Article 54, paragraph (3) and is specified 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) and the number specified by Order of the Ministry of Health, Labour and Welfare (hereinafter in this Article referred to as a "qualifying employer"), as the monetary incentive for that fiscal year, an amount equivalent to the amount arrived at by multiplying the number by which the aggregate number exceeds that greater number (hereinafter in this paragraph referred to as the "excess number") by an amount specified by Order of the Ministry of Health, Labour and Welfare that is equal to or less than the unit adjustment amount prescribed in Article 50, paragraph (2) (or, where the excess number exceeds a number specified by Order of the Ministry of Health, Labour and Welfare that is equal to or greater than the number specified by the Cabinet Order referred to in paragraph (1) of that Article, the amount arrived at by adding, to the amount arrived at by multiplying the number so specified by Order of the Ministry of Health, Labour and Welfare by an amount specified by Order of the Ministry of Health, Labour and Welfare that is equal to or less than the unit adjustment amount prescribed in paragraph (2) of that Article, the amount arrived at by multiplying the number arrived at by subtracting the number so specified by Order of the Ministry of Health, Labour and Welfare from the excess number by an amount specified by Order of the Ministry of Health, Labour and Welfare within a range that is less than the amount so specified by Order of the Ministry of Health, Labour and Welfare).

④Pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare, until otherwise provided for by law, each fiscal year, if an employer (but not a home-based work support organization; the same applies hereinafter) has entered into written home-based work agreements with home-based workers with disabilities and has paid them consideration for work under those agreements, the Minister of Health, Labour and Welfare pays the employer the amount equivalent to the amount arrived at when the incentive amount is multiplied by the amount arrived at when the amount subject to adjustment is divided by the reference amount (rounded down to the nearest whole number, if applicable) as a special monetary incentive for home-based workers with disabilities for the relevant fiscal year; provided, however, that the amount may not exceed the amount arrived at when the home-based-work unit incentive amount is multiplied by the aggregate of the numbers of qualifying disabled workers the employer employs as of the first day of each month within the relevant fiscal year.

⑤In the preceding paragraph, the meanings of the terms set forth in the following items are as prescribed respectively in those items:

⑥In each fiscal year, if a qualifying employer has amounts equivalent to consideration for home-based work, the total of these amounts is added to the amount subject to adjustment for that fiscal year. In such a case, to apply the provisions of paragraph (4), the phrase "amount subject to adjustment" in that paragraph is deemed to read "sum of the amount subject to adjustment and the total of the amounts equivalent to consideration for home-based work", and to apply the provisions of Article 74-2, paragraph (9) as applied mutatis mutandis pursuant to paragraph (8), the phrase ", with regard to" in that paragraph is deemed to read "with regard to", and the phrase "deemed to be" is deemed to read "; and amounts equivalent to consideration for home-based work provided for in paragraph (1) of the following Article ( hereinafter referred to individually as an 'amount equivalent to consideration for home-based work' in this paragraph) that are associated with the subsidiaries and the related companies are deemed to be amounts equivalent to consideration for home-based work associated solely with the related parent employer; amounts equivalent to consideration for home-based work associated with the related subsidiaries are deemed to be amounts equivalent to consideration for home-based work associated solely with the related parent employer; and amounts equivalent to consideration for home-based work associated solely with the specified employer are deemed to be amounts equivalent to consideration for home-based work associated solely with the specified cooperative or association".

⑦The Minister of Health, Labour and Welfare is to have JEED carry out all or part of the operations provided for in paragraph (2).

⑧The 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 paragraphs (1) through (3); 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 paragraph (3); the provisions of Article 48, paragraph (8) apply mutatis mutandis to the application of the provisions of paragraphs (1) through (3) to parent employers, related parent employers, and specified cooperative or associations; the provisions of Article 50, paragraph (5) and paragraph (6) apply mutatis mutandis to monetary incentives; the provisions of Article 74-2, paragraph (7) and Article 74-3, paragraph (20) apply mutatis mutandis to the operations referred to in paragraph (2) (limited to those pertaining to paragraph (4)); the provisions of Article 74-2, paragraph (9) apply mutatis mutandis to the special monetary incentive for home-based workers with disabilities in paragraph (4); and the provisions of paragraph (10) of that Article apply mutatis mutandis to the calculation of the number of qualifying disabled workers referred to in paragraph (4).

⑨In calculating the number of qualifying disabled workers referred to in paragraphs (3) and (4), notwithstanding the provisions of Article 45-2, paragraphs (4) and (6) and Article 74-2, paragraph (10) as applied mutatis mutandis pursuant to the preceding paragraph, each specified part-time worker who is a person with a severe physical disability, a person with a severe intellectual disability or a person with a mental disability is deemed to constitute the number of qualifying disabled workers specified by Order of the Ministry of Health, Labour and Welfare, to the extent that this does not reach the number specified by Order of the Ministry of Health, Labour and Welfare referred to in Article 43, paragraph (5).

⑩With regard to the application of the provisions of Article 52, paragraph (2), Article 53, Article 86, item (i) (excluding the part pertaining to Article 43, paragraph (7)), Article 87 and Article 89, until otherwise provided for by law, the phrase "and the operations set forth in the items of that paragraph" in Article 53, paragraph (1) is deemed to be replaced with ", the expenses required for the payment of the incentive referred to in Article 4, paragraph (2) of the Supplementary Provisions, and the operations set forth in the items of Article 49, paragraph (1) and the operations prescribed in Article 4, paragraph (2) of the Supplementary Provisions", and the phrase ", Article 74-2, paragraph (7) or Article 74-3, paragraph (20)" in Article 86, item (i) is deemed to be replaced with "or Article 74-2, paragraph (7) or Article 74-3, paragraph (20) (including as applied mutatis mutandis pursuant to Article 4, paragraph (8) of the Supplementary Provisions)".

①Until otherwise provided for by law, to apply the provisions of Article 50, Article 54, and the preceding Article, the phrase "amount calculated pursuant to the provisions of paragraph (1) of that Article" in Article 50, paragraph (1) is deemed to read "amount obtained when the base adjustment amount is multiplied by the aggregate of the numbers arrived at when the number of workers the employer employs as of the first day of each month in the relevant fiscal year is multiplied by the benchmark proportion of disabled workers provided for in Article 54, paragraph (3) as applied following a deemed replacement of terms pursuant to the provisions of Article 5, paragraph (1) of the Supplementary Provisions (any part of the number so calculated representing less than one full person is disregarded)"; the phrase "benchmark proportion of disabled workers provided for in Article 54, paragraph (3)" in paragraph (2) of that Article and paragraph (3) of the preceding Article is deemed to read "benchmark proportion of disabled workers provided for in Article 54, paragraph (3) as applied following a deemed replacement of terms pursuant to the provisions of Article 5, paragraph (1) of the Supplementary Provisions"; the phrase "the number of workers they employ" in Article 54, paragraph (1) and paragraph (2) is deemed to read "the number of workers they employ (or, for the employer of a place of business carrying out operations that belong to a business type for which an exclusion rate is established, the number arrived at when the number of workers on that day in each business type for which exclusion rate is set at that place of business is multiplied by the exclusion rate for that business type (any part of the number so calculated representing less than one full person is disregarded) and then the product is deducted from the total number of workers they employ as of that day)"; the phrase " the total number of workers" in paragraph (3) of that Article is deemed to read "the number arrived at when the numbers of workers in each type of business for which an exclusion rate has been set are multiplied by the exclusion rates for those types of business, and the sum of these is deducted from the total number of workers"; and "apply mutatis mutandis" in paragraph (5) of that Article is deemed to read "apply mutatis mutandis. In such a case, the phrase "deemed" in paragraph (8) of that Article is deemed to be replaced with ", the places of business of the subsidiary and the related companies are deemed to be the places of business of the parent employer, the places of business of the related company are deemed to be the places of business of the related parent employer, and the places of business of the specified employer are deemed to be the places of business of the specified cooperative or association".

②The measures referred to in the preceding paragraph are to be discontinued promptly when employers whose administration of their operations is found will not be hindered if the provisions of that paragraph cease to apply have come to account for a majority of the employers carrying out operations in a business type for which an exclusion rate is set, in light of things such as alternation of workers with disabilities and other workers, enhancement of vocational training for qualifying disabled persons, and the extent of improvement of and arrangements for the work facilities and work assist tools that qualifying disabled persons need on the job.

The government is to endeavor to research and study the functional conditions for facilitating the employment of persons with disabilities other than qualifying disabled persons and for stabilizing employment for them, and is to consider the advancement of measures to facilitate their employment and to stabilize employment for them based on the results.