V. JAPAN

C. Law for Employment Promotion, etc., of the Disabled
Guidelines*

* The translation of the Guidelines from Japanese into English was contributed by the Japan Association for Employment of the Disabled.

Contents

Chapter I. Definition, etc., of Disabled Persons

Chapter II. Establishing Fundamental Policies for Measures to Promote the Employment of Disabled Persons

Chapter III. Promoting Vocational Rehabilitation

Chapter IV. Obligatory Employment of Physically Disabled Persons

Chapter V. Planning System for the Employment of Physically Disabled Persons

Chapter VI. Overview of the Levy and Grant System for Employment of Physically Disabled Persons

Chapter VII. Japan Association for Employment of the Disabled

Chapter VIII. Vocational Life Consultant for the Disabled

Chapter IX. Disabled Persons' Employment Promotion Coordinators

Chapter X. Report on Dismissal

Chapter XI. Annexed List: Scope of Physical Disabilities

Appendix I. Type of Grants

Appendix II. List of Disability Grading

I. Definition, etc., of Disabled Persons

1. Definition of Disabled Persons

The Law defines: " 'the disabled' means those who, because of physical and/or mental impairment, are subject to considerable restriction in their vocational life, or who have great difficulty in leading a vocational life, over a long period of time." This Law shall apply to persons of any disability meeting this requirement, regardless of the type of disability. In addition, it naturally follows that those persons described in "2. The Physically Disabled" and "3. The Mentally Retarded" below shall be considered to be legally disabled, as the terms imply.

2. Definition, etc., of a Physically Disabled Person

(1) Definition of a Physically Disabled Person

"The physically disabled" means, of the disabled, those who have a physical disability provided in the Annexed List (hereinafter referred to as a "physical disability"). However, the statement of the item 4 (Disabilities in limbs or trunk) in the Annexed List of the Law, "disabilities of a degree which is considered to be not less than the degree of the handicaps listed under a. to e." refers to a person with two or more of the disabilities listed under Grade 7 in the List of Disability Grading (Appendix II). Therefore, persons to whom these laws apply are, specifically, those with any of the physical disabilities listed in Grade 1 through Grade 6 in the List of Disability Grading, or with two or more disabilities listed under Grade 7.

(2) Proof of Being Physically Disabled

As a general principle, a person shall prove that he or she is physically disabled by showing the Identification Booklet for the Physically Disabled. Persons not in possession of this Booklet shall instead present a medical certificate that complies with the requirements in items a. and b. below.

Furthermore, when a physically disabled person presents either of the above, the employer in question shall naturally take adequate care to ensure that personal information is not revealed to a third party and that no problems are aroused with either the disabled person in question or any other persons concerned.

1. A medical certificate shall be received from a medical practitioner designated by the governor of an administrative division of Japan (hereafter referred to as "designated medical practitioner"; furthermore, when a person with a physical disability voluntarily requests the issuance of an Identification Booklet for the Physically Disabled, he or she must present an application to the above-mentioned governor together with a medical certificate from a designated medical practitioner). When the receiving of a medical certificate from a designated medical practitioner proves impractical, the individual in question shall receive a medical certificate from an industrial physician that certifies that the individual has a physical disability listed in the Annexed List. (However, medical certificates regarding disabilities affecting the functions of the heart, kidneys, respiratory organs, bladder, rectum or small intestine shall for the present be restricted to those from designated medical practitioners.);
2. The medical certificate described in item a. above shall specify the type and extent of the disability, and must specifically state that the condition corresponds to a disability listed in the Annexed List.

Also, the employer shall keep at each place of operation any medical certificates or other documents that certify the legal status as a physically disabled person of any full-time disabled employee at that place of operation. Furthermore, these documents shall be kept for a period of three years from the day of said employee's death, retirement or dismissal.

(3) Definition of a Severely Physically Disabled Person

The Law, under which a person with a severe physical disability is legally referred to as a "severely physically disabled person", provides special measures that include counting one severely physically disabled person as two physically disabled persons in the calculations concerning the quota system, described herein, for employing physically disabled persons.

A severely physically disabled person is defined as being a person with a disability that falls under Grade 1 or Grade 2 in the List of Disability Grading (Appendix II), or with two or more disabilities that fall under Grade 3 of this List.

(4) Proof of Being a Severely Physically Disabled Person

The procedure for proving that one is severely physically disabled is the same as described in "(2) Proof of Being Physically Disabled" above.

3. Definition, etc., of a Mentally Retarded Person

(1) Definition of a Mentally Retarded Person

The term "mentally retarded" means, of the disabled, those who have mental retardation and who are provided for by Ministry of Labour Ordinance. Enforcement regulations, with respect to this, define a mentally retarded person as any person that has been diagnosed as being mentally retarded by a Child Guidance Center, Counseling Center for the Rehabilitation of Mentally Retarded, Mental Health Center, designated mental health practitioner, or Vocational Center for the Disabled (hereafter referred to as mental health diagnostic institutions.)

(2) Proof of Being Mentally Retarded

As a general principle, a person shall prove that he or she is mentally retarded by showing the Identification Booklet for the Mentally Retarded issued by the mayor of an ordinance-designated city. Persons not in possession of this Booklet shall instead present a diagnosis certificate issued by a mental health diagnostic institution.

Furthermore, when a mentally retarded person presents either of the above, the employer in question shall naturally take adequate care to ensure that personal information is not revealed to a third party and that no problems are aroused with either the mental retarded person in question or any other persons concerned.

Also, the employer shall keep at each place of operation any diagnosis certificates or other documents that certify the legal status as a mentally retarded person of any full-time disabled employee at that place of operation. Furthermore, these documents shall be kept for three years from the day of said employee's death, retirement or dismissal.

(3) Definition of a Severely Mentally Retarded Person

A severely mentally retarded person is legally defined as being "a mentally retarded person who is severely retarded as defined by Ministry of Labour Ordinance". The Regulations, with respect to this, define a severely mentally retarded person as "a person diagnosed by a mental health diagnostic institution as being severely mentally retarded".

(4) Proof of Being Severely Mentally Retarded

The procedure for proving that one is severely mentally retarded is the same as described in the aforementioned "(2) Proof of Being Mentally Retarded."

II. Establishing Fundamental Policies for
Measures to Promote the Employment of Disabled Persons

1. Introduction

To establish measures to promote the employment of the disabled, it is important to calculate future projections based on current trends in the employment of persons with disabilities to which laws would apply, and to clearly establish the relationship of each measure to the overall policy of the employment of the disabled, thereby facilitating the comprehensive, systematic and stage-by-stage promotion of measures that encompass various types and extents of disabilities. To this end, the Minister of Labour shall be responsible for establishing and making public the fundamental policies concerning the promotion of employment and the vocational stabilization of the disabled, and for promoting action on the part of the government, the disabled, employers and every citizen as well.

2. Policy Areas

(1) Regarding fundamental policies for measures to promote the employment of the disabled, the following areas have been designated.

1. Areas related to trends among the working disabled;
2. Fundamental areas of policies intended to comprehensively and effectively implement measures regarding vocational rehabilitation;
3. Areas regarding policies necessary to promote appropriate employment management on the part of employers in accordance with the type and extent of a disabled employee's disability;
4. Fundamental areas regarding measures designed to promote the employment of the disabled and achieve vocational stability.

(2) The policies in item "c." above are to be guidelines for appropriate employment management practices on the part of employers in accordance with the type and extent of a disabled employee's disability; suggestions and guidance are to be given to employers in accordance with these policies.

3. Procedures

Fundamental policies for measures to promote the employment of the disabled are to be devised after hearing the opinions and comments of the Disabled Persons Employment Deliberative Council and the governors of prefectures and other administrative divisions of Japan.

III. Promoting Vocational Rehabilitation

1. Introduction

In recent years the number of severely disabled persons and others for whom working is difficult has increased, and as a result the providing of vocational training, vocational guidance and other forms of vocational rehabilitation to promote self-support in vocational life for these disabled persons has become an important issue.

Therefore, the Law provides for the establishment and administration of Vocational Centers for the Disabled, which are designed to provide vocational evaluation, vocational guidance and other aspects of vocational rehabilitation services for the disabled.

2. Vocational Centers for the Disabled

There are three types of Vocational Centers for the Disabled: National Institute of Vocational Rehabilitation; Large Region Vocational Centers for the Disabled; and Local Vocational Centers for the Disabled. An overview of each is given below.

(1) National Institute of Vocational Rehabilitation

This facility, which was opened in Chiba City in fiscal 1991 and is considered to be the central institution among the network of Vocational Centers for the Disabled, carries out surveys and research regarding vocational rehabilitation and provides technical information as well as education and training for vocational counselors.

(2) Large Region Vocational Centers for the Disabled

These facilities, now operating in Tokorozawa City in Saitama Prefecture and Kibi-Kogen in Okayama Prefecture, in conjunction with Vocational Training Centers for the Disabled, provide vocational rehabilitation services in connection with health-care institutions.

One has also been opened in Iizuka City in Fukuoka Prefecture to provide, in connection with health-care institutions, vocational rehabilitation services for persons with spinal cord injuries.

(3) Local Vocational Centers for the Disabled

These facilities, each one of which has been opened in each 47 prefectures, provide vocational rehabilitation services closely connected with the local community.

In addition, branch offices have been opened in the Local Vocational Centers for the Disabled in Hokkaido, Tokyo, Aichi, Osaka and Fukuoka.

3. Services Provided by Vocational Centers for the Disabled

The vocational rehabilitation services provided by the Vocational Centers for the Disabled are as follows.

(1) Vocational evaluation

The vocational abilities and aptitude of disabled persons are evaluated, and schedules for the necessary vocational rehabilitation are made.

(2) Vocational guidance

Counseling and guidance is provided to make the selection of a vocation easier and improve vocational adaptability.

(3) Work preparation training

Training to help disabled persons acquire fundamental labor-related habits.

(4) Vocational courses

Courses designed to help disabled persons acquire the necessary vocational knowledge and abilities.

(5) Workplace adaptability guidance

Advice and other assistance necessary to help disabled persons adapt to their work environments.

Other services provided by Vocational Centers for the Disabled include advice and assistance for employers regarding employment, placement, tools, equipment, the work environment and other technical areas concerning the employment of the disabled.

IV. Obligatory Employment of Physically Disabled Persons

1. Overview of the Quota System for Employing Physically Disabled Persons

(1) Introduction

In the event of fluctuations in employment relations, i.e., when an employer attempts to newly hire or dismiss a worker or workers the percentage of that employer's employees who are disabled must be kept at or above a fixed percentage (i.e., known as the employment quota).

In short, the employment of disabled persons is legally deserving of the same protection extended to the employment of non-disabled persons, and employers are therefore legally obligated to achieve and maintain this employment quota.

Also, while the achieving and maintaining of this obligation becomes an issue, employment matters ideally should be settled through a benevolent union between employee and employer based on trust, and it is not always appropriate to enforce this obligation with punishment. Therefore, no penal provisions (i.e., punishments) have been established for cases of violations of these obligations. Nevertheless, as this obligation is a legal one, the following measures, which include a planning system regarding the employment of the physically disabled, have been adopted as a means of assuring its fulfillment.

(2) Standards for Determining Employment Ratios

In order to conform with the concept of an employer's social solidarity and ensure that the same employment standards for non-disabled persons are maintained for the disabled and that this burden is shared equally by all employers, the employment quota shall be determined with the following formula as a standard.

Number of full-time physically disabled persons

+

Number of unemployed physically disabled persons

Number of full-time workers

+

Number of unemployed

-

Number of excluded workers

This formula is designed to provide the physically disabled with the same opportunity of becoming full-time employees as the average worker.

The employment quota, since it is intended to provide the disabled with an opportunity for employment that corresponds to the state of full-time employment and unemployment in the general labor market, should to a certain extent fluctuate in accordance with changes in the labor market. However, constant fluctuation in the employment quota would make stability impossible. Therefore, this employment quota shall be reevaluated at least every five years in light of changes in the ratio formulated in the above paragraph.

Furthermore, beginning April 1, 1993, this is scheduled to be applied to severely disabled short-time workers as well.

(3) The Employment Quota

The current employment quota is as follows.

[1] Private enterprises

1. Purely private enterprises - 1.6%
2. Government finance companies, public corporations and other special corporations - 1.9%

[2] National and regional public organizations

1. Clerical operations of state and local public organizations - 2.0%
2. Non-clerical operations of state and local public organizations - 1.9%

2. The Application and Calculation of the Employment Quota

(1) Employers

[1] Definition of an Employer

The primary component of the legal obligation to employ physically disabled persons is to designate those who must maintain a percentage of physically disabled employees equal to or greater than the employment quota as being, as a general principle, all employers who engage in operations with workers who are regularly employed. Here the term "employer" refers to employers who hire full-time employees. In privately-managed operations, this person is the manager himself; in companies and other juridical persons, this is the corporation itself.

However, state and local public organizations, because they must take the initiative in the employment of the physically disabled, are not included in the category of "employer" but instead are to strive to actualize these employment objectives through methods different from those for general employers.

[2] Units for Applying the Employment Quota

In the case of general employers, the employment quota is to be applied to each company as an individual unit; that is, all the separate locations owned by the employer are to be counted together as a single unit in the calculations regarding the application of the employment quota.

[3] Special Treatment for Subsidiaries

As legal obligations regarding the employment of the physically disabled are applied to each individual employer separately, a parent company and its subsidiaries will be treated separately if their respective categories of corporate operations are different. However, in order to promote the employment of the physically disabled, and taking into consideration such circumstances as the existence of special factories employing a large number of physically disabled persons, a subsidiary that satisfies the necessary conditions is, when approved by the head of a Public Employment Security Office, treated as a special case and considered as being the same employer as its parent company with respect to employment ratios and the system of levies and grants regarding the physically disabled.

(2) Full-time Employees

The calculations relating to obligatory employment are to be based on the number of full-time employees. The term "full-time employee," however, shall mean any employee who, regardless of the nature of his or her employment contract, is for all intents and purposes employed for an unspecified period of time; whether or not an employee is to be considered to be a full-time employee should be based on actual circumstances.

Specifically, the term "full-time employee" refers to the following types of employees.

1. Employees employed for an unspecified period of time;
2. Employees who are employed for a specified period of time (e.g., one month, six months, etc.) but who, because this period is repeatedly renewed, are recognized as working under the same circumstances as an employee employed for an unspecified period of time. Specifically, employees who have been continuously employed for a period exceeding one year or whose period of employment is anticipated to exceed one year from the day of employment;
3. Employees who are employed daily and who, because their employment contract is renewed daily, are recognized as working under the same circumstances as an employee employed for an unspecified period of time. Specifically, employees who, as in "b." above, have been continuously employed for a period exceeding one year or whose period of employment is anticipated to exceed one year from the day of employment.

(3) Exclusion Ratio

[1] Introduction

In keeping with the concept of social solidarity, in which all employers equally share the obligation of employing the physically disabled, the number of physically disabled persons whom a given employer should employ should be calculated by multiplying the total number of persons employed by that employer by the employment quota.

However, there are also certain types of jobs whose nature would make them difficult for a disabled person to perform. In such cases it would be inappropriate to apply this employment quota. Hence, an exclusion rate shall be determined for each business field with a significant percentage of operations for which the employment of physically disabled persons is recognized as being generally unfeasible. The number of employees calculated from this exclusion rate shall be subtracted from the total number of regular employees, which is used to calculate the number of physically disabled persons who must be employed in accordance with the Law.

[2] Application of the Exclusion Ratio

The application of the exclusion rate is as follows.

1. The exclusion rate is applied separately to each individual place of operation;
2. The term "place of operation" shall refer to main branches, branch offices, factories, mines, offices and other locations that function as separate, independently-managed organizations. Specifically, any facilities or place at which are carried out integrated business operations necessarily interconnected with a certain organization.

Therefore, as a general principle, operations located in a single location are considered to be a single business location, while operations located in separate locations are considered to be separate business locations.

Whether or not a given operation should be considered a single business location is normally to be determined by examining whether it fulfills the following conditions.

1. The location is physically separated from other business locations;
2. It comprises a single organizational unit and has independence in terms of its operations and supervision regarding accounting, personnel and management;
3. The facility has been in continuous operation for a substantial amount of time.

However, a branch office or other small-scale location that is physically separated from the center of operations shall be considered as part of the head organization immediately in charge of it if the former is judged not to have the autonomy of a single business location in terms of administrative capabilities and organizational interconnection with the controlling organization.

[3] Categories of Business Locations

The category to which a business location belongs is to be determined by the type of principal operation carried out there.

When two or more different types of operations are being carried out at a single business location, the category to which the location in question belongs is to be determined by the type of operation in which the largest number of employees are engaged. When this method of classification proves impractical, the location is to be classified into the category of the operation which has been responsible for the largest monetary share of that location's total income or sales during the past year.

[4] Inapplicability of the Exclusion Ratio

Even if the larger organization to which a separate location belongs is engaged in operations in a category to which the exclusion rate can be applied, the exclusion rate cannot be applied to the separate location if its primary operations are planning, accounting, administration, contracts or similar clerical operations. (This includes many company headquarters and main outlets.)

(4) Special Measures Regarding the Severely Physically Disabled

A special measure has been enacted in which the employment of one severely disabled person is counted as the employment of two physically disabled persons.

This measure is applicable not only to calculations for the actual employment quota but also to calculations for the amounts of levies, employment adjustment grants and rewards.

Furthermore, beginning April 1, 1993, this is scheduled to apply to severely disabled short-time workers as well.

(5) Special Measures Regarding the Mentally Retarded

Mentally retarded persons are counted the same in the calculation of the employment quota as are physically disabled persons.

Also, mentally retarded persons that are employed are counted as physically disabled persons in the calculating of the amounts of levies, employment adjustment grants and rewards.

Additionally, a special measure is scheduled to take effect beginning April 1, 1993, in which employing one severely mentally retarded person is counted as the employment of two mentally retarded persons (or one if the employee in question is a short-time employee).

This is also scheduled to be applicable not only to the calculations for the actual employment quota but also to the calculations for the amounts of levies, employment adjustment grants and rewards.

3. Reporting the Employment of Physically Disabled Persons

(1) Introduction

To facilitate the effective administrative enforcement of the Laws, it is necessary to ascertain the state of employment of the physically disabled. Each year, therefore, employers who employ a certain number of employees or more must report (by July 15) to the head of the Public Employment Security Office that has jurisdiction over the site on which the principal location is located (hereafter referred to as "the competent Public Employment Security Office") using a Physically Disabled Persons Employment Status Report Form the state of the employment of physically disabled persons at their operation as of June 1.

(2) Persons Obligated to Submit a Report

Employers whose number of full-time employees minus the number of employees excludable in accordance with the exclusion rate is 63 or more are obligated to submit a report. This means that all the employers who must employ one or more physically disabled persons are responsible for this report.

(3) Report Content and Procedures

The report must contain total figures for the larger corporation as a whole as well as a breakdown of figures for each location regarding, for instance, the following: the total number of full-time employees in all the workplaces of the employer to whom this obligation applies; the number of employees on which are based the calculations for the legally-prescribed number of physically disabled persons to be employed; the number of full-time employees who are physically disabled and/or mentally retarded; the number of those employees who are severely physically disabled, etc.

In addition, while the employment quota is calculated separately for each individual company, in order to enable each Public Employment Security Office to determine the state of employment of the physically disabled at the principal locations under its jurisdiction, provide administrative guidance for each of these locations, and offer employment placement services, operations with 100 employees or more must also send a "Physically Disabled Persons Employment Status Report (for Business Locations)" to the competent Public Employment Security Office for each business location.

Additionally, beginning April 1, 1993, this is scheduled to apply to short-time workers who are severely physically disabled or severely mentally retarded.

V. Planning System for the Employment of Physically Disabled Persons

1. Planning Concerning the Employment of Physically Disabled Persons by General Employers

Employers are required to employ a number of physically disabled persons that enables them to meet or exceed the legally-prescribed employment quota. In order to ensure the achievement of this employment quota, an employer who fails to achieve the employment quota is to be instructed to formulate a plan for the employment of physically disabled persons (hereafter referred to as "the Plan").

While it is the Minister of Labour that orders the creating of this Plan, in reality the head of the competent Public Employment Security Office is entrusted with this authority.

(1) Standards for the Drafting of Employment Plans

While it has been designated that the drafting of an employment plan is to be ordered "when it is recognized that the necessity of promoting the employment of the physically disabled exists," until otherwise specified it is to be ordered of employers to which all the following conditions apply.

1. A significantly low quota (i.e., under 0.8%) of physically disabled employees;
2. A significantly large number of physically disabled persons who must be employed in order to achieve the employment quota (i.e., six or more less than the legally prescribed number of physically disabled employees);
3. The anticipated employing of a significantly large number of new employees during the coming year.
   
   

(2) Content, etc., of Employment Plans

Unless otherwise specified, an employment plan shall be implemented as quickly as possible following the ordering of its drafting (i.e., within three months). The period of the plan shall be three years, and the plan itself shall be drafted in a way to make it an effective one that takes into consideration factors such as the total number of persons scheduled to be employed and the number of physically disabled employees that must be employed to achieve the legally prescribed employment quota.

In addition, in the drafting or implementation of an employment plan, the employment of one mentally retarded person may be counted as the employment of one physically disabled person.

An employment plan must at least contain the following items, as well as a clear breakdown of the physically disabled persons (a term which refers, when drafting an employment plan that includes the employment of mentally retarded persons, to mentally retarded persons and physically disabled persons; the same applies hereinafter) scheduled to be employed at each location.

Additionally, beginning April 1, 1993, this is scheduled to apply to short-time workers who are severely physically disabled or severely mentally retarded.

Items that an employment plan must include:

1. The respective dates of the beginning and the completion of the plan;
2. The total number of full-time employees scheduled to be employed and those who are physically disabled (When drafting an employment plan that includes the employment of mentally retarded persons, this refers to mentally retarded persons and physically disabled persons; the same applies hereinafter.);
3. The name and address of each location for which physically disabled persons are scheduled to be employed as full-time employees, as well as the total number of full-time employees scheduled to be employed for each location and the number of these new physically disabled employees;
4. The total number of full-time employees and the number of physically disabled employees expected to be working at the location when the employment plan reaches completion.
   
   

(3) The Submitting of an Employment Plan

An employer that has drafted an employment plan must submit it without delay to the head of a Public Employment Security Office.

In addition, an employment plan of a location at which the employment of physically disabled persons are to be carried out must also be submitted to the head of the competent Public Employment Security Office.

(4) Reporting the State of an Employment Plan's Implementation

While an employer that has drafted an employment plan is naturally expected to faithfully implement this plan, the state of this employment plan's implementation as of June 1 of each year, as well as the state of its implementation as of the day of the plan's completion, must be reported to the head of the competent Public Employment Security Offices by the 15th day of the following month and within 45 days of the day following the plan's conclusion, respectively.

2. The Recommending of Changes in an Employment Plan and of the Proper Implementation of an Employment plan

(1) Recommending Changes in an Employment Plan

While the contents of an employment plan are naturally determined by the relevant laws and ordinances, it is nevertheless necessary for an employer to willfully determine and implement the basic elements of the plan.

Therefore, when the number of full-time physically disabled persons anticipated to be employed by the completion of the plan is below the legally prescribed number, or other cases in which an employment plan is glaringly contrary to the spirit of the relevant laws and regulations, the head of the competent Public Employment Security Office that issued to order to draft the employment plan shall provide guidance on the changes through which the proper implementation of the plan in question will result in the achieving of the legally-prescribed employment quota.

(2) Recommending the Proper Implementation of an Employment Plan

The Minister of Labour is authorized to recommend the proper implementation of an employment plan in cases when such a recommendation is acknowledged as being particularly necessary, such as cases of an employer's neglect regarding the plan.

3. Making Public the Names of Negligent Employers

The Minister of Labour is authorized to make public the names of employers who have drafted a plan regarding the employment of the physically disabled but who, with no justifiable reason, have failed to comply with recommendations of changes in, or the proper implementation of, the plan in question; thus, the Minister of Labour shall, armed with the threat of social censure, provide stern guidance and recommendations.

VI. Overview of the Levy and Grant System for Employment of Physically Disabled Persons

1. Introduction

It cannot be denied that employing the physically disabled involves a larger financial burden than does the employing of non-disabled workers because of the necessity of the modification of facilities and equipment, creating the necessary environment in the workplace, and providing special vocational guidance, among other factors. For this reason, an unbalanced sharing of the financial burden will develop between employers who faithfully fulfill their employment obligation and those who do not, and this in turn can lead to discontent among employers.

With this in mind, and in accordance with the concept of collective social responsibility which holds that the employing of the physically disabled is the collective responsibility of all employers a levy and grant system, which is financed by joint contributions from all employers, has been established to adjust the imbalance in the financial burden resulting from employing the physically disabled and to financially assist those employers who employ the physically disabled.

First, this levy and grant system for the employment of the physically disabled provides employers who employ a number of physically disabled employees higher than the legally-prescribed employment quota with an employment adjustment grants for the physically disabled. The objective of this is to equally distribute the financial burden associated with the employing of the physically disabled, thereby facilitating the smooth fulfillment of employers' collective responsibility related thereto. Second, grants are provided to employers who, through the employing of the physically disabled, are initially faced with exorbitant expenses related to the installment of equipment and facilities, thereby facilitating the employing of physically disabled and improving their overall employment levels. In short, this levy can be regarded as a contribution from employers designed for these two purposes.

Additionally, this levy can be reduced in accordance with the number of physically disabled persons actually employed. While this in effect means that the levy is collected only from employers who have not achieved the employment quota in question, as has been stated earlier this is not a fine targeting employers who have not achieved the employment quota, nor is this a system for granting exemption from the employment obligation through the payment of the levy.

In addition, the mentally retarded are to be treated the same as the physically disabled with respect to the application of this levy system, the calculating of levies, employment adjustment grants and rewards, and the providing of grants. (However, the so-called double counting of the severely mentally retarded does not apply here.)

2. The Organization Responsible for Implementing the Levy and Grant System

The providing of employment adjustment grants and other aspects of the levy and grant system is to be carried out by Japan Association for Employment of the Disabled (hereafter referred to as the Association). In addition to collecting levies from employers, the Association is also responsible for performing the duties involved in providing these levies in the form of employment adjustment grants and rewards, and providing various types of grants for employers, etc., who employ, for example, the physically disabled.

Specifically, these duties involve the following:

(1) To annually provide employers who employ more than the minimum required number of physically disabled and/or mentally retarded persons (hereafter referred to as "physically disabled persons and/or others") with an employment adjustment grant in accordance with the number by which the minimum is exceeded (i.e., 25,000 yen per person per month). However, in view of the fact that levies are, for the time being, to be collected only from employers with more than 300 regular employees, the providing of this employment adjustment grant shall also be limited to these employers. However, employers with 300 employees or less who employ a number of physically disabled persons (and/or others) greater than the applicable quota and number shall be provided with rewards instead (i.e., 17,000 yen per person per month).

(2) To provide employers who employ physically disabled persons (and/or others) with grants to help cover expenses related to the installment and maintenance of facilities or equipment needed to employ physically disabled persons (and/or others) and other measures designed to facilitate proper employment management for the severely disabled (i.e., workplace adaptation measures).

(3) To provide employers of severely disabled persons with grants as compensation for expenses related to measures designed to facilitate the commuting to work of severely disabled workers and other measures that are part of an overall employment management program suited to the type and degree of their disabilities.

(4) To provide employers at locations whereat are employed many severely disabled persons with grants as compensation for expenses related to the installation or equipping of facilities and equipment for use at the location or locations in question.

(5) To provide employers, etc., who offer educational training designed to develop and improve the necessary vocational abilities of physically disabled persons (and/or others) with grants as compensation for expenses related to said training, and to provide, for employers of physically disabled persons (and/or others), grants as compensation for expenses related to measures intended to facilitate the participation in such training of physically disabled or mentally retarded employees.

(6) To provide, to the organizations of employers that engage in operations designed to promote the employment of the disabled, grants as compensation for expenses related to research or surveys carried out by these organizations on technical aspects of the employment of the disabled, and courses or other types of operations intended to heighten the awareness of employers or the people in general regarding the employment of the disabled.

3. The Levy

(1) Collection of the Levy

The Association annually collects levies from employers. However, because this levy system is intended to achieve such goals as the equal distribution of the financial burdens accompanying the employment of physically disabled persons, state and local public organizations as well as the special incorporated entities are exempt from payment of this levy. Also, in view of the limited capabilities of small- and medium-sized firms to bear such expenses, employers with 300 regular employees or less are for the time being also exempt from payment of this levy.

The amount of the levy is based on the number of physically disabled persons that the employer in question is obligated to employ (i.e., 50,000 yen per person per month), which is calculated from the employment quota. However, if the employer is actually employing physically disabled and/or mentally retarded persons, this levy shall be reduced in accordance with the number of physically disabled and/or mentally retarded persons. Hence, the amount of levy to be paid is zero for employers that have achieved the employment quota.

Furthermore, each severely physically disabled person is counted as two disabled persons in the calculations for determining the amount of levy.

(2) The Procedure for Paying the Levy

The method of payment is payment by self-assessment: Employers are required to calculate the amount of levy that must be paid based on the number of physically disabled persons being employed as of the first day of each month (or the cutoff day for salaries), then submit to the Association the Physically Disabled Persons Employment Levy Declaration (hereafter referred to as the Declaration) along with the Physically Disabled Persons Employment Status Report within 45 days counting from the first day of the following fiscal year (i.e., from April 1 to May 15). Employers that have levies to pay must present this payment to the Association along with the Declaration.

The amount to be paid shall be transferred to the Association's account in a financial institution, and a copy of the receipt for this transfer shall be attached to the aforementioned Declaration.

Furthermore, this Declaration shall be submitted to the Association through the Prefectural Associations for Employment of the Disabled.

Employers who discontinue their business during the year concerned, must file a Declaration within 45 days from the day on which the business concerned was discontinued, and are also obligated to pay the levy.

Employers for whom the calculated amount of levy is zero must still submit a Declaration. Also, employers who wish to receive the aforementioned employment adjustment grant may submit their application for this grant together with the Declaration.

4. Employment Adjustment Grant for Physically Disabled Persons

(1) Entitled Employers and Grant Amounts

In keeping with the belief that proving the physically disabled with the opportunity for employment is a collective social responsibility that must be shared equally by all employers, employment adjustment grant for the physically disabled persons the revenue source of which is the levy collected from employers who fail to achieve the legal employment quota is intended to reduce to a certain level the financial burden of employers whose number of physically disabled employees exceeds the legal employment quota, thereby equalizing the financial burden that accompanies the employment of the physically disabled.

Hence, this employment adjustment grant is provided to employers whose actual financial burden (i.e., the basic adjustment amount multiplied by the number of physically disabled persons being employed) exceeds the amount that the employer in question is legally required to bear (which is calculated by multiplying the basic amount of adjustment by the legally prescribed number of physically disabled employees).

As the intent of this employment adjustment grant is to decrease the financial burden accompanying an employer's employment of physically disabled persons, the unit adjustment amount, which is the per-person amount in which the grant is provided, is determined using as a standard the average amount of special expenses related to the employment of disabled persons beyond the standard employment quota rate, and has been set under Cabinet Order at 25,000 yen.

Furthermore, this adjustment grant is not available to employers of 300 regular employees or less (from whom levies are not collected), and, just as with the levy, does not apply to national or local public organizations or the special incorporated organizations.

The employment adjustment grant is determined by multiplying the number of physically disabled and mentally retarded employees by the basic adjustment amount, then subtracting from this amount the amount obtained by multiplying the basic adjustment amount by the legally prescribed number of physically disabled employees, then dividing this new amount by the basic adjustment amount, and finally multiplying this number (i.e., the number of physically disabled and mentally retarded employees by which the legally prescribed number is exceeded) by the unit adjustment amount (set at 25,000 yen). In short, the amount of this adjustment grant increases in direct proportion to the number of physically disabled and mentally retarded employees by which the legally prescribed number is exceeded, and is determined by multiplying by 25,000 yen the number of physically disabled and mentally retarded by which the legally prescribed number is exceeded.

As it is recognized that the per-person special expenses required to employ the physically disabled decrease as the number of physically disabled employees rises, the unit adjustment amount which is based on the special expenses involved in employing additional physically disabled persons beyond the employment quota is lower than the basic adjustment amount (50,000 yen), which is based on the special expenses involved in employing a number of physically disabled persons that at most fulfills the prescribed employment ratio.

In addition, severely physically disabled employees are counted as two physically disabled persons in the calculating of employment adjustment grants.

(2) Adjustment Grant Application Procedure, etc.

Employers who wish to receive the adjustment grant for a given year must submit to the Association by September 30 of the following fiscal year (or, in the case of an employer who has discontinued his business during the year concerned, within 45 days from the day on which business concerned was discontinued) a Physically Disabled Persons Employment Adjustment Grant Application along with a Physically Disabled Persons Employment Status Report. Also, as even employers who achieve the employment quota and therefore do not have to pay the levy must also submit a Declaration, the Application of Employment Adjustment Grant for Physically Disabled Persons may be submitted with it.

The application, just as with the submitting of a Declaration, is made to the Association through the Prefectural Associations for Employment of the Disabled.

The payment of grants to employers who submitted a proper application is to be carried out from December 1 to December 31 each year.

5. Rewards

(1) Eligible Employers

While employment adjustment grants are not, for the time being, to be made available to employers of 300 regular employees or less, in view of the fact that many physically disabled persons are currently being employed at small- and medium-sized firms, and in order to reduce the financial burden of small- and medium-sized firms employing physically disabled persons and encourage and help maintain their employment, rewards shall, until otherwise specified, be provided to firms employing physically disabled persons and having a total of regular employees of only 300 or less.

(2) Calculating the Rewards

If the combined total (for a given fiscal year) of the number of physically disabled and mentally retarded regularly employed as of the first day of each month in the fiscal year in question is greater than either 60 (i.e., 5 employees multiplied by 12 months) or 3% of the combined total for that fiscal year of the number of all regular employees as of the first day of each month of that fiscal year (not including the number of excludable employees) whichever is greater that employer shall be paid 17,000 yen for each person over the greater of the two numbers.

Furthermore, one severely physically disabled person is counted as two physically disabled persons in these calculations.

6. Grants

In order to reduce the financial burden associated with employing the physically disabled and thereby improve their overall employment levels, these grants shall be provided to employers who, through the employment of the physically disabled, are initially faced with exorbitant expenses related to the installment of the necessary equipment and facilities.

The types of grants available are as follows (for details, see Appendix I).

(1) Grants for the Provision of Work Facilities, etc., for Physically Disabled Persons

1. Type 1 grants for the Provision of Work Facilities, etc.
2. Type 2 grants for the Provision of Work Facilities, etc.

(2) Grants for the Job Adaptation for Severely Disabled Persons

(3) Grants for the Disabled Person's Facilities Renovation

(4) Grants for the Special Employment Management of Severely Disabled Persons

1. Type 1 (commuting to work, etc.)
2. Type 2 (sign-language coordinators, etc.)
3. Type 3 (continuous employment)

(5) Grants for the Provision of Facilities, etc., in Enterprises Employing a Large Number of Severely Disabled Persons

1. Type 1 Grants for the Provision of Work Facilities, etc., for Severely Disabled Persons
2. Type 2 Grants for the Provision of Work Facilities, etc., for Severely Disabled Persons

(6) Grants for the Development of Skills for Physically Disabled Persons, etc.

1. Type 1 (equipment, etc.)
2. Type 2 (administration costs)
3. Type 3 (participation in training programs)

VII. Japan Association for Employment of the Disabled

(1) Purpose of the Establishment of the Association

In order to promote the employment and occupational stability of the disabled, it is of the utmost importance that the government enforces its policy and that a positive approach to the issue is actualized by heightening general public's, especially employers' understanding and awareness of the disabled. It is viewed as being extremely effective to have an organization composed of employers, which promotes employment of disabled persons and carries on its activities voluntarily, while cooperating with the administrative organs.

The purpose of the Association, which was founded to be just such an organization, is to promote the employment and occupational stability of the disabled by carrying out, in accordance with the purposes of the Law for Employment Promotion, etc., of the Disabled, different types of operations designed to ensure that their employment proceeds smoothly.

(2) Types of Operations

1. To establish and administer Vocational Centers for the Disabled and administer Vocational Training Centers for the Disabled.
   Vocational Centers for the Disabled are composed of three types of centers: 1) National Institute of Vocational Rehabilitation (NIVR); 2) Large Region Vocational Centers for the Disabled (of which there are National Vocational Rehabilitation Center for the Disabled in Tokorozawa City in Saitama; National Kibi-Kogen Vocational Rehabilitation Center for the Disabled in Kibi-Kogen, Okayama Prefecture; and National Vocational Rehabilitation Center for the Spinal Cord Injured in Iizuka City, Fukuoka Prefecture); and 3) Local Vocational Centers for the Disabled (in each of the 47 administrative divisions of Japan). With National Institute of Vocational Rehabilitation as the core, the centers provide such services as vocational evaluation and guidance for the disabled. In addition, Vocational Training Centers for the Disabled are attached to National Vocational Rehabilitation Center for the Disabled and National Kibi-Kogen Vocational Rehabilitation Center for the Disabled, and provide, in coordination with vocational evaluation divisions pioneering vocational training, practical research and development on training and rehabilitation methods through this training, and technical guidance for staff members.
   
   
2. To Carry out Services relating to the levy for not employing physically disabled persons.
   In accordance with the guidelines of the levy and grant system, the levy shall be collected from employers who have failed to achieve the legally-required employment quota. Using the collected funds as a revenue source, employment adjustment grants and rewards shall be provided to employers whose number of physically disabled and mentally retarded employees exceeds the legally required number, and also various kinds of grants shall be provided to employer organizations and employers who are going to employ the physically disabled and/or mentally retarded.
   
   
3. To carry out the services of training courses for qualification of vocational life consultant for the disabled.
   Employers of five or more disabled persons must appoint a vocational life consultant for the disabled and provide disabled employees with counseling and guidance on general vocational matters. The Association shall be responsible for qualifying said vocational life consultants for the disabled.
   
   
4. To give guidance and assistance with respect to hiring the disabled, improving the employment environment and other technical matters relating to employing the disabled to members and employers.
   In addition to providing said technical guidance and advice through the carrying out of its obligations regarding employment counseling, the Association shall, as part of efforts to promote the employment of the disabled, also be responsible for the sponsorship of events such as the Campaign for the Promotion of the Employment of the Disabled Persons and Exhibition of Pictures Drawn by Disabled Children.
   
   
5. To carry out courses on employment management for the disabled for employers and others.
   These courses shall be provided to employment management supervisors at business locations, regional consultants and others engaged in duties concerning the employment management of the disabled.
   
   
6. To provide grants meeting the standards provided for by Ministry of Labour Ordinance to employers who continue to employ worker(s) for at least a fixed period after such worker(s) have become disabled and who take the measures for such continuation of employment provided for by Cabinet Order.
   This grant, known as the Grant for the Continuations Employment of Disabled Persons, is intended to mitigate the financial burden of employers who continue to employ employees who have become disabled due to a work related accident or traffic accident, etc., after being employed.
   
   
7. To hold contests of skill for the physically disabled.
   This includes the holding of the National Skill Contest for the Disabled (known as the "Abilympics"), the purpose of which is to promote the development of the vocational skills of the physically disabled and increase public awareness and understanding of the physically disabled through the displaying of their skills.
   
   
8. To carry out surveys, research and publicity on employing the disabled.
   These activities include the conducting of surveys and research concerning the expansion of the vocational fields of the disabled, workplace surveys regarding the employing of the disabled, the collection and analysis of information and statistics concerning the promotion of the employment of the disabled, and the publication of the publicity journal, "Hataraku Hiroba (Working People's Plaza)."
   
   
9. To carry out services incidental to the services listed in Items "b" through "h".
   
   
10. To carry out services necessary for promotion of the employment of the disabled and the occupational stability thereof, other than those provided for in the preceding Items.

VIII. Vocational Life Consultant for the Disabled

1. Introduction

In order to improve the welfare of the disabled through their gainful employment, it is not only necessary to promote this employment but also to strive to ensure overall vocational satisfaction after employment as well.

In accordance with this thinking, it has been decided that at sites at which are employed a number of disabled persons greater than or equal to the number prescribed by Ministry of Labour Ordinance, the employer in question shall appoint a vocational life consultant for the disabled (hereafter referred to as "consultant") to provide counseling and guidance concerning various vocational matters of the disabled. This obligation is intended to promote employment management that is tailored to the special needs of the disabled, thereby helping disabled employees to adapt to their workplace and make full use of their abilities.

2. The Duties of Consultants

Generally speaking, the duties of vocational life consultants are to counsel disabled employees and provide guidance in the following areas.

(1) Matters concerning the determining of the appropriate job for a disabled employee, the development of a disabled employee's abilities, and any other matter involving the job-related duties performed by a disabled employee.

(2) Matters concerning the creation of the necessary work environment, such as the modification of equipment or facilities in accordance with the disability or disabilities in question.

(3) Vocational matters of the disabled, such as labour conditions and personal relationships at the workplace.

(4) Matters concerning the leisure activities of the disabled.

(5) Any other matters concerning the increasing of disabled persons' adaptation to the workplace.

3. The Appointing of Consultants

At a location whereat are employed five or more physically disabled or mentally retarded persons, or persons with other types of disabilities, the employer in question must appoint as a consultant an employee also employed at the location in question and qualified to be a consultant.

Furthermore, the employer must appoint this consultant within three months of the day on which the legal obligation for so doing arose, and submit to the head of the competent Public Employment Security Office a notice containing the following information.

(1) The name of the consultant.

(2) The qualifications of the appointed consultant.

(3) The total number of employees at the location in question and the number of disabled employees.

In addition, while this legal obligation is satisfied by the appointment of one consultant, in view of the intentions of this consultant system, it may be appropriate depending on the size of the location in question, the number of disabled employees there, the type of disabilities in question and other such factors to appoint more than one consultant.

4. The Qualifications for Being a Consultant

An employee is seen as possessing the qualifications for being a consultant if he or she has completed the Course of Qualification for Vocational Life Consultants for the Disabled (prescribed in the Law) offered by Japan Association for Employment of the Disabled, or if he or she falls under one of the following categories.

(1) A person who has completed a long-term guidance consultant course (limited to those related to the welfare sciences) at an Institute of Vocational Training.

(2) A person who has graduated from a university or technical college (or a vocational school under the old system), or who has completed a long-term course (other than those related to the welfare sciences) at an Institute of Vocational Training or a technical course at a Vocational Training Junior College, and has at least one year's practical experience in consulting and guidance relating to vocational matters of the disabled.

(3) A graduate of high school (or a junior high school under the old system) who has at least two years' practical experience in consulting and guidance relating to vocational matters of the disabled.

(4) A person who has at least three years' practical experience in consulting and guidance relating to vocational matters of the disabled.

5. Cooperation Between Consultant and Public Employment Security Offices

Each consultant shall, while maintaining contact with the competent Public Employment Security Office to notify the latter of the following matters and receive related advice and guidance, strive to improve the occupational adaptability of the disabled.

Matters to be communicated:

(1) The state of disabled persons' adaptation to the workplace.

(2) The state of the creation of the necessary work environment.

(3) Matters that have been the topics of consultation sought of consultants by disabled employees and the state of measures implemented in response to these matters.

6. The Course of Qualification for Vocational Life Consultants for the Disabled

The implementation of the Course of Qualification for Vocational Life Consultants for the Disabled (hereafter referred to simply as "the Course of Qualification") given by Japan Association for Employment of the Disabled is entrusted to the Prefectural Associations for Employment of the Disabled. An outline of the Course of Qualification is as follows.

(1) Place and number of times per year

In each prefecture, the Course of Qualification is to be held once or twice a year in a location convenient to participants in that prefecture.

(2) Participants

Participants in a Course of Qualification shall be those persons scheduled to be appointed as a vocational life consultant for the disabled.

(3) Contents of the Course of Qualification

The Course of Qualification, held over a period of two to three days, consists primarily of sections like the following.

1. Basic areas: An overall explanation of the current state and future problems of employment of the disabled, etc.
2. Practical areas: The psychology of the disabled, the employment of the disabled from a medical perspective, employing and assigning, determining the suitable task for a disabled person, developing abilities, modifying equipment and facilities, creating the necessary work environment, and personnel management, etc.

(4) Fees

The Course of Qualification shall be free of charge to participants.

(5) Registration procedure

Persons who desire to participate in a Course of Qualification shall apply to a Prefectural Association using the prescribed application form.

(6) Certificate of completion

Persons who have completed a Course of Qualification shall be presented with a certificate of completion by Japan Association for Employment of the Disabled.

7. Disabled Persons' Vocational Stability Promotion Team

At a location where one or more vocational life consultants for the disabled have been appointed, these vocational life consultants shall provide consulting and guidance to disabled employees regarding the selection of the appropriate task for a disabled employee, the development of abilities, personal relations at the workplace and other general vocational matters concerning the disabled. However, depending on the nature of the problem in question, it may be necessary to examine a problem systematically and adopt the necessary countermeasures.

Hence, the Prefectural Associations for Employment of the Disabled, in cooperation with the Public Employment Security Office, have been promoting the establishment of "Disabled Persons' Vocational Stability Promotion Teams" for, as a general principle, locations at which are employed five or more disabled persons and at which one or more vocational life consultants have been appointed.

A Disabled Persons' Vocational Stability Promotion Team, composed of representatives of the location in question, as well as vocational life consultants and managers of the personnel department and of the departments to which disabled employees have been assigned, shall discuss matters concerning the adaptation of the disabled to the workplace and strive to solve related problems. While it is not always necessary to form a special organization to this end, the administration and activities of existing organizations (e.g., a committee or executive council) the goal of which is to improve the adaptation of all employees (including the disabled) to the workplace may be designated as being those of a Disabled Persons' Vocational Stability Promotion Team.

This Vocational Stability Promotion Team system has helped to further realize the same goals that vocational life consultants are appointed to achieve, and there are many examples of this system contributing to the vocational adaptation of the disabled.

IX. Disabled Persons' Employment Promotion Coordinators

1. Introduction

In order to promote the employment and occupational stability of the disabled, it is necessary for each firm to establish an internal system of responsibility regarding the employment of the disabled, and to adopt effective measures and implement appropriate employment management related thereto. To this end, it is felt that the clarification of a firm's system for contact with the government concerning the employment of the disabled helps facilitate the providing of guidance to that firm, while it is also seen as desirable for a single employee in a firm to be placed in charge of such responsibilities as the satisfying of various requirements (e.g., those regarding employment management and the installation of facilities and equipment designed to facilitate the employing and continued employment of the disabled), contact with the national government regarding the drafting of disabled persons employing plans, and such clerical duties as the submitting of notices for the dismissal of disabled employees. For this and other reasons, firms legally obligated to employ physically disabled persons (i.e., 53 employees or more in the case of certain special incorporated organizations and 63 employees or more in the case of all other private enterprises) shall strive to have Disabled Persons' Employment Promotion Coordinators (hereafter referred to as Coordinators).

2. The Duties of a Coordinator

Primarily, the duties of a Disabled Persons' Employment Promotion Coordinator are as follows.

(1) Duties concerning the satisfying of requirements related to the promotion of the employing and continued employment of the disabled, such as the installation or modification of equipment and facilities.

(2) Reporting the state of the employment of physically disabled employees to the Minister of Labour.

(3) Sending notices of the dismissal of a disabled employee to the competent Public Employment Security Office.

(4) Duties such as those related to contact with the national government when an order to draft a physically disabled persons employing plan has been issued to that firm.

3. Appointing a Coordinator

Firms which are legally obligated to employ physically disabled persons shall appoint, as a Coordinator responsible for performing the duties listed in Items (1) through (4) above, an employee who is acknowledged as having the knowledge and experience necessary for performing said duties.

Furthermore, as the primary objective of the appointment of a Coordinator is to establish the framework for the employing of the disabled at the firm in question, the appointment of a department manager in charge of personnel affairs or a person of similar position is seen as most desirable.

X. Report on Dismissal

1. Introduction

In view of the difficulty generally faced by disabled persons in finding employment and in changing jobs, any employer who seeks to dismiss a disabled employee shall without delay notify the competent Public Employment Security Office. This obligation of reporting dismissal is intended to enable the Public Employment Security Office to search for, in advance, an opening suited to the person in question and to actively provide vocational guidance, etc., thereby facilitating that person's guick reemployment.

2. Contents of and Procedure for the Notice

(1) When an employer dismisses a full-time disabled employee except in cases when the employee in question is to be dismissed either because of negligence, etc., on the part of the employee, or because the employer has become unable to carry out the operations of his firm due to an accident, a natural calamity, or other unavoidable circumstances a notice containing the following information shall be sent without delay to the competent Public Employment Security Office.

1. The name, sex, age and address of the disabled employee to be dismissed;
2. The type of duty in which the disabled employee to be dismissed was engaged;
3. The date of and reasons for the dismissal.

(2) Because of the difficulty faced by the disabled in reemployment and the necessity of quickly commencing employment placement assistance for the disabled employee in question on the part of the Public Employment Security Office, etc., this dismissal notice, in view of the existence of an obligation to make notification of dismissal, needs to be submitted before the dismissal in question takes effect. Therefore, the employer shall submit this notice as quickly as possible after the employee is notified that he or she is to be dismissed.

The obligation of dismissal notification is not intended to enable the authorities to evaluate the specific reasons in each case of dismissal and thereby facilitate the direct regulation of the dismissal of physically disabled persons or others. Nevertheless, in view of the intentions behind the quota system for disabled persons, in some cases governmental guidance regarding the continued employment and new employing of disabled persons is necessary, particularly in cases in which said dismissal will result in the employer's falling short of the prescribed employment quota.

Furthermore, beginning April 1, 1993, this is scheduled to apply to short-time employees who are severely physically disabled or severely mentally retarded.

XI. Annexed List

Scope of Physical Disabilities

1. The disabilities in vision listed below which are permanent:
   1. those for whom the vision in both eyes is respectively 0.1 or less (the measurement of vision shall be made according to the international table of vision, and in case of those with some derangement in refraction, it shall be made with respect to corrected vision; hereinafter the same applies);
   2. those for whom the vision in one eye is 0.02 or less and in the other eye is 0.6 or less;
   3. those for whom the field of vision of both eyes is respectively 10° or less;
   4. those who have lost not less than one half of the field of vision of both eyes.
2. The disabilities in hearing or equilibrium listed below which are permanent:
   1. those for whom the hearing level in both ears is 70 decibels or more respectively;
   2. those for whom the hearing level in one ear is 90 decibels or more and that of the other ear is 50 decibels or more;
   3. those for whom the greatest clarity of ordinary conversational voices heard by both ears is 50 per cent or less;
   4. those who have a conspicuous disability in equilibrium.
3. The disabilities in the functions of voice, speech or mastication listed below:
   1. loss of the functions of voice, speech or mastication;
   2. conspicuous disability in the function of voice, speech or mastication which is permanent.
4. The disabilities in limbs or trunk listed below:
   1. a permanent conspicuous disability in the function of one upper limb, one lower limb or a trunk;
   2. loss of a thumb of one upper limb from the knuckle joint or loss of two fingers or more, including the index finger, of one upper limb respectively from the first knuckle joint;
   3. loss of one lower limb from the lisfranc's joint;
   4. a permanent conspicuous disability in the function of the thumb of one upper limb or in the function of three fingers or more, including the index finger, of one upper limb;
   5. loss of all the toes of both lower limbs;
   6. other than those listed under "a" to "e", disabilities of a degree which is considered to be not less than the degree of the handicaps listed under "a" to "e".
5. Disability in the functions of the heart, the kidney or the respiratory organs or other disability prescribed by Cabinet Order which is permanent and considered to be of such a degree as to restrict daily life conspicuously.

Appendix I. Type of Grants

Appendix II. List of Disability Grading

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ECONOMIC AND SOCIAL COMMISSION FOR ASIA AND THE PACIFIC
Legislation on Equal Opportunities and Full Participation in Development for Disabled Persons: Examples from the ESCAP region
- 5. Japan(C) -

Printed in Thailand
December 1997 1,250

United Nations Publication
Sales No. E.98.II.F.21
Copyright © United Nations 1997
ISBN: 92-1-119789-9
ST/ESCAP/1651