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Disability and Equity at Work$
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Jody Heymann, Michael Ashley Stein, and Gonzalo Moreno

Print publication date: 2014

Print ISBN-13: 9780199981212

Published to Oxford Scholarship Online: April 2014

DOI: 10.1093/acprof:oso/9780199981212.001.0001

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Complementary Approaches

Complementary Approaches

Japanese Disability and Employment Law

Chapter:
(p.360) Chapter 14 Complementary Approaches
Source:
Disability and Equity at Work
Author(s):

Ryoko Sakuraba

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199981212.003.0014

In Japan, positive discrimination toward people with disabilities exists. Public and private bodies are legally obliged to employ a certain number of people with disabilities (employment quotas). Several types of grants are also provided. On the other hand, the legal minimum wages may be reduced for them. These seemingly contradictory directions of policies are rooted in the idea that people with disabilities should be given employment opportunities to live their independent life. Apart from these “doctrines of labor contract,” a set of legal rules governing employment relations, provide people with disabilities with legal protection. For instance, when workers acquire disabilities during their course of employment, their employers are not legally allowed to dismiss them instantly. Antidisability discrimination law being introduced in the near future, the third approach, is expected to complement these measures by prohibiting disability discrimination at recruitment and hiring, as well as wage setting.

Keywords:   disability discrimination, disability law, employment discrimination law, employment policy, employment quotas, Japanese law, labor law, levy-grant system, minimum wage, positive discrimination

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