Disability policy in Japan

Disability policy in Japan underwent waves of reform due to the influence of important UN human rights instruments such as the UN International Year and Decade of Disabled Persons and the nation’s participation in the 2006 UN Convention on the Rights of Persons with Disabilities.[1] According to Article 1 of the Disabled Peoples’ Fundamental Law of 1993, Japan defines an individual with a disability as one “whose daily life or life in society is substantially limited over the long term due to a physical disability, mental retardation, or mental disability.”[2] In order to prevent discrimination and address the needs of those who qualify under this definition, Japan issued measures for the social wellbeing and employment of people with disabilities.[3]

Social insurance permanent disability programs

Covering over 70 million employees and their families in case of an accident or unexpected illness, Japan’s social insurance permanent disability programs also apply to those amongst the population with permanent disabilities.[4] In order to be eligible for these pension provisions, it is required to pass a set of strict criteria that proves whether an individual suffers from long-term impairment and limitations in their everyday living as a result of his or her disability.[5] Two social insurance programs are available in Japan to those in need for long-term disability benefits. Those who are self-employed or unemployed qualify under the National Pension (NP) program and those who work full-time qualify under the Employees’ Pension Insurance (EPI) program.[6] This two-tier framework consists of the NP program employing a flat-rate system, in contrast to the EPI program which is based on the amount an individual earns.[7]

Quota system

Under the Act on Employment Promotion of Persons with Physical Disabilities, employers are required to hire a certain quota of individuals with disabilities. The current legally-required rate for private employers is between 1.6 and 1.9%, depending on whether it is a private or stipulated special company.[8] This quota system defines regular employment as 30 or more hours of work per week. Full-time employees with disabilities count as two people, while part-time employees are counted as one person due to difficulty of hiring disabled individuals.[9] While the introduction of this quota system has led to an increase in the employment of individuals with disabilities, it has yet to meet the level required of the legal rate.[10]

Payment system

For employers who are unable to meet the minimum employment rate for those with disabilities, they are charged with a penalty through the payment system. The proceeds from this monthly payment are subsidized to companies that succeeded in maintaining the minimum employment rate to address any financial problems that coincide with the employment of individuals with disabilities.[11] The penalty for companies with less than 300 regular workers is 40,000 yen per number of individuals below the rate compared to larger companies who would owe 50,000 yen per individual.[12] For employers who manage to meet the minimum employment rate, for every person they hire above the rate they receive 27,000 yen.[13]

See also

References

  1. Hasegawa, Tamako. "Japan's Employment Measures for Persons with Disabilities: Centered on Quota System of "Act on Employment Promotion of Persons with Disabilities"" (PDF). Hosei University and Japan Organization for the Employment of Elderly and Persons with Disabilities, National Institute of Vocational Rehabilitation. Retrieved 5 December 2017.
  2. Heyer, Katharina. "Rights Enabled: The Disability Revolution, from the US, to Germany and Japan, to the United Nations". University of Michigan Press. JSTOR 10.3998/mpub.5946811.8. Missing or empty |url= (help); |access-date= requires |url= (help)
  3. "Social Security in Japan" (PDF). National Institute of Population and Social Security Research. Retrieved 6 December 2017.
  4. Rajnes, David. "Permanent Disability Social Insurance Programs in Japan". Social Security Administration. Retrieved 6 December 2017.
  5. Suzuki, Tsunehiko. "Disability Evaluation in Japan". Journal of Korean Medical Science. PMC 2690075. Missing or empty |url= (help)
  6. "Social Security Programs Throughout the World: Asia and the Pacific, 2016". Social Security Administration. Retrieved 6 December 2017.
  7. Rajnes, David. "Permanent Disability Social Insurance Programs in Japan". Social Security Administration. Retrieved 6 December 2017.
  8. Yasui, Shusaku. "Employment Quota System in Japan". Cornell University. Retrieved 6 December 2017.
  9. Hasegawa, Tamako. "Japan's Employment Measures for Persons with Disabilities: Centered on Quota System of "Act on Employment Promotion of Persons with Disabilities"" (PDF). Hosei University and Japan Organization for the Employment of Elderly and Persons with Disabilities, National Institute of Vocational Rehabilitation. Retrieved 5 December 2017.
  10. Heyer, Katharina. "Rights Enabled: The Disability Revolution, from the US, to Germany and Japan, to the United Nations". University of Michigan Press. JSTOR 10.3998/mpub.5946811.8. Missing or empty |url= (help); |access-date= requires |url= (help)
  11. Heyer, Katharina. "Rights Enabled: The Disability Revolution, from the US, to Germany and Japan, to the United Nations". University of Michigan Press. JSTOR 10.3998/mpub.5946811.8. Missing or empty |url= (help); |access-date= requires |url= (help)
  12. Yasui, Shusaku. "Employment Quota System in Japan". Cornell University. Retrieved 6 December 2017.
  13. Hasegawa, Tamako. "Japan's Employment Measures for Persons with Disabilities: Centered on Quota System of "Act on Employment Promotion of Persons with Disabilities"" (PDF). Hosei University and Japan Organization for the Employment of Elderly and Persons with Disabilities, National Institute of Vocational Rehabilitation. Retrieved 5 December 2017.
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