October 2022 updates to Japanese Labour Law regarding Disabilities. On September 8th, the 122nd Labor Policy Council Employment of Persons with Disabilities Subcommittee was held, and consultations and recommendations were made on the draft revision of the Act on Promotion of Employment of Persons with Disabilities.
The sources of recent news and information from the Ministry of Health, Labour and Welfare (MHLW) website are mostly in Japanese. However, there is an English MHLW site that provides some basic information. As with all social welfare and labour law matters in Japan, however, please seek out professional Sharoushi support to ensure you and your company remains in compliance.
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Comprehensive MHLW resources, all in Japanese, on the law applying to Persons of Disabilities are found here at https://www.mhlw.go.jp/stf/newpage_27869.html
Background as stated by the Council
Five years have passed since the last revision of the Act on Comprehensive Support for Persons with Disabilities. The Intractable Diseases Act and the Child Welfare Act are also compiling opinions on revisions.
In the future, it is expected that related bills will be submitted to the extraordinary session of the Diet.
On September 8th, the 122nd Labor Policy Council Employment of Persons with Disabilities Subcommittee was held, and consultations and recommendations were made on the draft revision of the Act on Promotion of Employment of Persons with Disabilities.
The statement of opinion compiled in June 2022 mainly indicated the following as measures necessary to enhance and strengthen employment measures for persons with disabilities in the future.
- Clarification of the responsibility of employers to improve the quality of employment
- Strengthening of assessment
- Handling of persons with disabilities who work 10 hours or more and less than 20 hours per week under the employment rate system for persons with disabilities
- Extension of the special calculation for persons with mental disabilities under the employment quota system for persons with disabilities
- Employment adjustments for persons with disabilities and incentives
- Support for corporate initiatives
- Promoting the use of the telecommuting support system for persons with disabilities
- Nationwide expansion of special calculation for limited liability partnerships
- Promoting the employment of persons with disabilities by reducing the exclusion rate
Regarding these important measures, the following details of the revised bill, along with the effective date, are indicated.
Clarification of the responsibility of employers to improve the quality of employment
- Employers are obligated to make efforts to conduct appropriate employment management, including support for career development, as their responsibility.
- Effective date: April 1, 2023
Strengthening of assessment
- Hello Work, etc. will provide vocational guidance, etc. to persons with disabilities who use employment selection support (provisional name)
- Enforcement date: Within 3 years from the promulgation of the revised law
Handling of persons with disabilities who work 10 hours or more and less than 20 hours per week under the employment rate system for persons with disabilities
- In the case of employing persons with severe physical disabilities, etc., who have prescribed weekly working hours of 10 hours or more and less than 20 hours, as a special treatment, it will be possible to calculate based on the actual employment rate, and the special benefit will be abolished.
- Effective date: April 1, 2024
Employment adjustments for persons with disabilities and incentives
- If more than 10 people with disabilities are employed, the unit price of the adjustment fee for the excess number will be halved, and if more than 35 people with disabilities are employed, incentives for the excess number will not pay
- Effective date: April 1, 2024
Support for corporate initiatives
- Subsidizing efforts by companies to continue employment of middle-aged and elderly persons with disabilities
- Effective date: April 1, 2024
Promoting the use of the telecommuting support system for persons with disabilities
- Relaxation of registration requirements for telecommuting support groups
- Effective date: April 1, 2023
Nationwide expansion of special calculation for limited liability partnerships
- Nationwide recognition of exceptions to the calculation that allows the totalization of the actual employment rate of multiple SMEs by utilizing the scheme of a limited liability partnership (LLP).
- Effective date: April 1, 2023
Topic: October 2022 updates to Japanese Labour Law regarding Disabilities.
