Supplementary Provisions

This Act comes into effect as of April 1, 1988; provided, however, that the provisions amending Article 59, paragraph (1) (limited to the part deleting ", in addition to carrying out levy-related operations and the operations prescribed in Article 79, paragraph (2)," and the parts pertaining to items (i)-3, (i)-4 and (iii)-2 of that paragraph), the provisions amending Article 60, paragraphs (1) and (3), Article 60-2 and Article 64, the provisions that change Article 64-6 to Article 64-8 and Article 64-5 to Article 64-7, the provisions that change Article 64-4 to Article 64-5 and add one article after Article 64-3 (limited to the part pertaining to the operations set forth in Article 59, paragraph (1), item (iii)-2), the provisions amending Article 70-2 (excluding the part pertaining to Article 64-6 after amendment), the provisions amending Article 87, item (vi), and the provisions amending Article 2, paragraph (5) of the Supplementary Provisions (limited to the part amending "through Article 64-4"), and the provisions of Articles 5 and 14 of the Supplementary Provisions come into effect as of July 1, 1987.

①With regard to an entity that, at the time this Act comes into effect, is actually using the words "National Institute of Vocational Rehabilitation" or "vocational center for persons with disabilities" in its name, the provisions of Article 9-6 of the Act to Facilitate the Employment of Persons with Disabilities as amended by this Act (hereinafter referred to as the "New Act") do not apply for six months after this Act comes into effect.

②With regard to an entity that, at the time this Act comes into effect, is actually using the words "Japan Association for the Employment Promotion of Persons with Disabilities" in its name, the provisions of Article 42, paragraph (2) of the New Act do not apply for six months after this Act comes into effect.

Among the orders issued pursuant to Article 15, paragraph (1) of the Act for Employment Promotion of Persons with Physical Disabilities prior to amendment by this Act (hereinafter referred to as the "Former Act") during the period from the date of promulgation of this Act to the day preceding the date of enforcement of this Act (hereinafter referred to as the "Effective Date"), an order directed to an employer for which, on the date on which the order was issued, the number obtained by adding the number of workers who are mentally retarded persons (meaning mentally retarded persons prescribed in Article 2, item (iv) of the New Act) to the number of persons with a physical disability (meaning persons with a physical disability prescribed in Article 2, item (ii) of the New Act) who are workers (meaning workers prescribed in Article 14, paragraph (1) of the New Act; the same applies hereinafter in this Article) whom the employer employs was the number corresponding to the legally mandated number of workers with physical disabilities prescribed in Article 14, paragraph (1) of the New Act or more, ceases to be effective at the time this Act comes into effect.

With regard to the payment of the monetary adjustment for the employment of persons with physical disabilities and the monetary incentive for fiscal years up to and including fiscal 1987, the provisions then in force continue to govern.

①In the case where the Association for the Employment Promotion of Persons with Physical Disabilities has already been established at the time of promulgation of this Act, or in the case where it is established during the period from the date of promulgation of this Act to the day preceding the Effective Date, the Association for the Employment Promotion of Persons with Physical Disabilities may, by that day, amend its articles of incorporation as necessary to become the Japan Association for the Employment Promotion of Persons with Disabilities, and obtain the authorization of the Minister of Labour.

②When the authorization referred to in the preceding paragraph has been granted, the amendment of the articles of incorporation prescribed in that paragraph takes effect on the Effective Date.

If, at the time this Act comes into effect, the Japan Association for the Employment Promotion of Persons with Disabilities (hereinafter referred to as the "new Association") has already been established, and the new Association is to be made to conduct the work referred to in Article 9-10, paragraph (1) of the New Act (hereinafter referred to as the "work of setting up and running the vocational centers") pursuant to that paragraph, the amount that the Minister of Labour specifies as the amount contributed by the government to the former Employment Promotion Corporation (hereinafter referred to as the "Employment Promotion Corporation") to fund the operations that correspond to the work of setting up and running the vocational centers and that the Employment Promotion Corporation was previously to conduct pursuant to Article 19, paragraph (1) of the Employment Promotion Corporation Act (Act No. 116 of 1961) before its amendment by the provisions of Article 21 of the Supplementary Provisions (hereinafter referred to as "operations under the former law") is deemed to have been contributed by the government to the new Association at the time this Act comes into effect.

At the time this Act comes into effect, the Employment Promotion Corporation is to reduce its capital by the amount that the Minister of Labour specifies as the amount contributed by the government to the Employment Promotion Corporation to fund the operations under the former law referred to in the preceding Article.

At the time this Act comes into effect, the Employment Promotion Corporation is to hand over its affairs relating to the operations under the former law to the Minister of Labour (or, in the case where the new Association is to be made to conduct the work of setting up and running the vocational centers pursuant to Article 9-10, paragraph (1) of the New Act, to the new Association).

①Of the land, buildings, goods and other property that belong to the Employment Promotion Corporation at the time this Act comes into effect, that which is found necessary for the government (or, in the case where the new Association is to be made to conduct the work of setting up and running the vocational centers pursuant to Article 9-10, paragraph (1) of the New Act, the new Association) to conduct the work of setting up and running the vocational centers is to be succeeded to by the State (or, in the case where the new Association is to be made to conduct the work of setting up and running the vocational centers pursuant to Article 9-10, paragraph (1) of the New Act, the new Association; the same applies in the following paragraph) at the time this Act comes into effect, and the scope of that property is to be specified by the Minister of Labour.

②In addition to what is provided for in the preceding paragraph, the rights and obligations that the Employment Promotion Corporation has in relation to the operations under the former law at the time this Act comes into effect are to be succeeded to by the State at the time this Act comes into effect, and their scope is to be specified by the Minister of Labour.

In the case where the new Association succeeds to rights pursuant to the provisions of the preceding Article, real estate acquisition tax may not be imposed on the acquisition of real estate that relates to that succession.

In the case provided for in Article 6 of the Supplementary Provisions, a person who falls under any of the following items at the time this Act comes into effect is to become an employee of the new Association on the Effective Date:

With regard to the settlement of accounts relating to the operations under the former law for the business year of the Employment Promotion Corporation beginning on April 1, 1987, and its inventory of assets, balance sheet, and profit and loss statement, the provisions then in force continue to govern.

With regard to the terms of office of persons who are directors or auditors of the Association for the Employment Promotion of Persons with Physical Disabilities at the time this Act comes into effect, the provisions then in force continue to govern.

①With regard to the application of Article 60, paragraph (1), Article 60-2 and Article 64 of the New Act during the period from the date specified in the proviso to Article 1 of the Supplementary Provisions to the day preceding the Effective Date, the phrase "Article 59, paragraph (1), item (i) through item (i)-3" in Article 60, paragraph (1) and Article 64 of the New Act is deemed to be replaced with "Article 59, paragraph (1), item (i) and item (i)-3", the phrase "Article 59, paragraph (1), item (i) through item (i)-4" in Article 60-2 of the New Act is deemed to be replaced with "Article 59, paragraph (1), item (i)-3", and the phrase "office (in the case of the operations listed in item (i) of that paragraph, the offices that conduct such operations and the vocational centers for persons with disabilities that set up and run them; the same applies hereinafter in this Article)" is deemed to be replaced with "office".

②With regard to the application of Article 4, paragraph (4) of the Supplementary Provisions of the Former Act during the period from the date specified in the proviso to Article 1 of the Supplementary Provisions to the day preceding the Effective Date, the phrase "through Article 64-4" in that paragraph is deemed to be replaced with "through Article 64-3 and Article 64-5".

A person who has finished the training course implemented by the Minister of Labour referred to in Article 79, paragraph (1) of the Former Act, or a person who is, at the time this Act comes into effect, appointed as a working life counselor for persons with physical disabilities pursuant to that paragraph, is deemed to be, respectively, a person who has finished the training course implemented by the Minister of Health, Labour and Welfare referred to in Article 79, paragraph (1) of the New Act, or a person who is appointed as a working life counselor for persons with disabilities pursuant to that paragraph.

Beyond what is provided for in these Supplementary Provisions, the transitional measures necessary in connection with the enforcement of this Act are specified by Cabinet Order.

With regard to the application of penal provisions to acts committed prior to the enforcement of this Act (excluding those that fall under acts in violation of Article 85, paragraph (1), item (ii) of the Former Act and that relate to an order under Article 15, paragraph (1) of the Former Act which ceases to be effective at the time this Act comes into effect pursuant to the provisions of Article 3 of the Supplementary Provisions) and to acts committed after the enforcement of this Act concerning matters for which the provisions then in force continue to govern pursuant to the provisions of Article 12 of the Supplementary Provisions, the provisions then in force continue to govern.