Supplementary Provisions, Article 3Transitional Measures Related to the Obligations of the National and Local Governments Related to Employment
第三条（雇用に関する国及び地方公共団体の義務等に関する経過措置）
Until 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)".
Until 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".
第四十三条の規定の適用については、当分の間、同条第一項中「その雇用する労働者の数」とあるのは「その雇用する労働者の数（除外率設定業種（対象障害者が就業することが困難であると認められる職種の労働者が相当の割合を占める業種として厚生労働省令で定める業種をいう。以下同じ。）に属する事業を行う事業所の事業主にあつては、その雇用する労働者の数から、当該事業所に係る除外率設定業種ごとの労働者の数に当該除外率設定業種に係る除外率（除外率設定業種に係る労働者のうちに当該職種の労働者が通常占める割合を考慮して除外率設定業種ごとに九十五パーセント以内において厚生労働省令で定める率をいう。以下同じ。）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。）を合計した数を控除した数。第七項及び第七十八条第二項において同じ。）」と、同条第二項中「総数に」とあるのは「総数から除外率設定業種ごとの労働者の総数に当該除外率設定業種に係る除外率を乗じて得た数の合計数を控除した数に」とする。
The 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.