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Labor Policy

Labor Policy. Keiichiro HAMAGUCHI. Chapter 2. Labor Market Policy. Section 4. Employment Policy for the Aged and the Disabled. (1) Employment policy for the middle-aged and elderly workers. (a) Quota system for middle-aged and elderly workers.

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Labor Policy

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  1. Labor Policy Keiichiro HAMAGUCHI

  2. Chapter 2 Labor Market Policy

  3. Section 4 Employment Policy for the Aged and the Disabled

  4. (1) Employment policy for the middle-aged and elderly workers

  5. (a) Quota system for middle-aged and elderly workers • 1966 Employment Measures Law put the job-based quota system for the middle-aged and elderly in public sector. • 1971 Special Law for Employment Promotion of Middle-aged and Elderly Persons extended the job-based quota system to private sector. • 1976 revised SLEPMEP Law focused on the elderly only (6% for each company).

  6. (b) Raising of mandatory retirement ages • 1973 revised Employment Measures Law declared raising of mandatory retirement age. • 1986 Older Persons Employment Security Law made endeavor clause for mandatory retirement age at or over 60. • 1994 revised OPES Law made it obligation.

  7. (c) Continued employmentuntil 65 • 1990 revised OPES Law made endeavor clause for re-employment until 65. • 1994 revised OPES Law made endeavor clause for continued employment until 65 with Continued Employment Benefit for Older Workers (benefit rate: 25%, down to 15% in 2003). • 2000 revised OPES Law made mandatory retirement at 65 optional. • 2004 revised OPES Law made continued employment until 65 obligation (progressive implementation).

  8. (d) Prohibition of age discrimination • 1980 ILO Recommendation No.162 on Older Workers required equal opportunity and treatment for age. • Economic Planning Agency advocated ban on age discrimination in 1999. • 2001 revised Employment Measures Law made endeavor clause for equal opportunity age. • 2004 revised OPES Law made explanation on age limit obligation. • 2007 revised EML made obligation clause with some exceptions.

  9. (d) Silver Human Resources Center • Silver human resources center contracts with companies and private citizens on temporary works. • Government subsidized to non-governmental movement. • 1986 OPES Law recognized it. • 2004 revised OPES Law allowed member dispatching.

  10. (2) Employment policy for the Disabled

  11. (a) The physically disabled • 1960 Physically Disabled Employment Promotion Law introduced quota system in endeavor clause (1.1-1.3%). • 1976 revised PDEP Law made it obligation (1.5%) with levy and grant system. • Levies collected from non-achievers are redistributed to achievers.

  12. (b) The intellectually disabled (the mentally retarded) • The mentally retarded were excluded from obligatory quota. • 1987 Disabled Employment Promotion Law included them in quota (1.8-2.1%) and in levy and grant. • Renamed to the intellectually disabled in 1998 • Actual employment rate of them is low.

  13. (c) The mentally disabled • 2002 revised DEP Law declared the mentally disabled as disabled. • 2005 revised DEP Law included them in levy and grant but not in obligatory quota.

  14. (d) Vocational Rehabilitation for the disabled • 1983 ILO Convention No.159 on Vocational Rehabilitation and Employment (Disabled Persons) required social integration of the disabled. • 1987 revised DEP Law introduced this purpose.

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