Article 4Persons Specified by Order of the Ministry of Health, Labour and Welfare Prescribed in Article 6, item (vi) of the Act
第四条(法第六条第六号の厚生労働省令で定める者)
The persons specified by Order of the Ministry of Health, Labour and Welfare prescribed in Article 6, item (vi) of the Act are the following:
法第六条第六号の厚生労働省令で定める者は、次のとおりとする。
A person employed in the undertaking of the national government or an agency engaged in administrative execution prescribed in Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies (Act No. 103 of 1999) (hereinafter referred to as an "agency engaged in administrative execution") (excluding a person other than a national public officer required to work on a regular basis as prescribed in Article 2, paragraph (1) of the Act on National Public Officers' Retirement Allowance (Act No. 182 of 1953), who is not deemed an employee pursuant to paragraph (2) of that Article);
国又は独立行政法人通則法(平成十一年法律第百三号)第二条第四項に規定する行政執行法人(以下「行政執行法人」という。)の事業に雇用される者(国家公務員退職手当法(昭和二十八年法律第百八十二号)第二条第一項に規定する常時勤務に服することを要する国家公務員以外の者であつて、同条第二項の規定により職員とみなされないものを除く。)
A person employed in the undertaking of a prefecture, an association of local governments under Article 284, paragraph (2) of the Local Autonomy Act (Act No. 67 of 1947) to which a prefecture belongs, or a specified local incorporated administrative agency prescribed in Article 2, paragraph (2) of the Local Independent Administrative Agency Act (Act No. 118 of 2003) (hereinafter referred to as a "specified local incorporated administrative agency") that has obtained the authorization of the Minister of Internal Affairs and Communications upon its establishment, or any other body equivalent to a prefecture (hereinafter referred to as a "prefecture, etc." in this item and paragraph (1) of the following Article), for whom the head of that prefecture, etc. has applied to the Minister of Health, Labour and Welfare for the Act not to be applied and has obtained the Minister's approval;
A person employed in the undertaking (excluding, where the schools, etc. are juridical persons, their offices) of a municipality, an association of local governments under Article 284, paragraphs (2), (3), (5) and (6) of the Local Autonomy Act to which no prefecture belongs, a specified local incorporated administrative agency that has obtained the authorization of the prefectural governor upon its establishment, a person other than the national government, a local government or a specified local incorporated administrative agency that carries out a business of education, research or investigation at a school under Article 1 of the School Education Act (Act No. 26 of 1947), a miscellaneous school under Article 134, paragraph (1) of that Act, or an integrated kindergarten-nursery certified child center prescribed in Article 2, paragraph (7) of the Act on Advancement of Comprehensive Service Related to Education, Child Care, etc. of Preschool Children (Act No. 77 of 2006; hereinafter referred to as the "Certified Child Centers Act") (hereinafter referred to as "schools, etc." in this item), or any other body equivalent to a municipality (hereinafter referred to as "municipalities, etc." in this item and paragraph (1) of the following Article), for whom the head of that municipality, etc. has applied to the Director of the Prefectural Labor Bureau for the Act not to be applied and has obtained approval in accordance with the standards specified by the Minister of Health, Labour and Welfare.
市町村又は地方自治法第二百八十四条第二項、第三項、第五項及び第六項の規定による地方公共団体の組合で都道府県が加入しないもの、特定地方独立行政法人であつて設立に当たり都道府県知事の認可を受けたもの若しくは国、地方公共団体若しくは特定地方独立行政法人以外の者で学校教育法(昭和二十二年法律第二十六号)第一条の学校、同法第百三十四条第一項の各種学校若しくは就学前の子どもに関する教育、保育等の総合的な提供の推進に関する法律(平成十八年法律第七十七号。以下「認定こども園法」という。)第二条第七項に規定する幼保連携型認定こども園における教育、研究若しくは調査の事業を行うもの(以下この号において「学校等」という。)その他市町村に準ずるもの(以下この号及び次条第一項において「市町村等」という。)の事業(学校等が法人である場合には、その事務所を除く。)に雇用される者であつて、当該市町村等の長が法を適用しないことについて、都道府県労働局長に申請し、厚生労働大臣の定める基準によつて、その承認を受けたもの
When an application for approval under item (ii) or item (iii) of the preceding paragraph has been made, the Act does not apply to the insured person pertaining to that application from the day on which it was made; provided, however, that if a decision has been made not to grant approval for the Act not to be applied, the Act applies retroactively to the day on which the application for approval was made.
Read this with the articles around it
insured personmachine translation
「被保険者」
Everywhere in this Order except Article 118-2, paragraph (12), item (i)(c) and Article 17-2-7 of the supplementary provisions (附則), an insured person as Article 4, paragraph (1) of the Employment Insurance Act defines it: a worker employed in a covered undertaking (適用事業), other than the persons listed in Article 6 of that Act.
Short name set inArticle 3, paragraph (1)· applies from here on, except in Supplementary Provisions, Article 17-2-7; and Article 118-2, paragraph (12), item (i), (c)
agency engaged in administrative executionmachine translation
「行政執行法人」
An agency engaged in administrative execution (行政執行法人) as Article 2, paragraph (4) of the Act on General Rules for Incorporated Administrative Agencies defines it: an incorporated administrative agency (独立行政法人) set up by its own Act to carry out public work closely tied to the national government's administration, under substantial government involvement, against a plan for targets the government sets for each business year.
Short name set inArticle 4, paragraph (1), item (i)
specified local incorporated administrative agencymachine translation
「特定地方独立行政法人」
A local incorporated administrative agency (地方独立行政法人) that the local government (地方公共団体) setting it up names in its articles of incorporation as needing its officers and employees to hold the status of local public employees (地方公務員), because a halt in its work would directly and seriously harm residents' lives or the stability of the local community or economy, or because its neutrality and fairness must be especially secured, as Article 2, paragraph (2) of the Local Independent Administrative Agency Act defines it, leaving out one that runs a university or college of technology under Article 21, item (ii) of that Act.
Short name set inArticle 4, paragraph (1), item (ii)
prefecture, etc.machine translation
「都道府県等」
In Article 4, paragraph (1), item (ii) and Article 5, paragraph (1), a prefecture, a union of local governments (地方公共団体の組合) under Article 284, paragraph (2) of the Local Autonomy Act that a prefecture belongs to, a specified local incorporated administrative agency (特定地方独立行政法人) set up with the approval of the Minister for Internal Affairs and Communications, or another body comparable to a prefecture.
Short name set inArticle 4, paragraph (1), item (ii)· applies only in this item and in Article 5, paragraph (1)
schools, etc.machine translation
「学校等」
In Article 4, paragraph (1), item (iii), a body other than the national government, a local government or a specified local incorporated administrative agency that carries on education, research or surveys at a school under Article 1 of the School Education Act, a miscellaneous school under Article 134, paragraph (1) of that Act, or an integrated center for early childhood education and care (幼保連携型認定こども園) under Article 2, paragraph (7) of the Act on Advancement of Comprehensive Service Related to Education, Child Care, etc. of Preschool Children.
Short name set inArticle 4, paragraph (1), item (iii)· applies only in this item
municipalities, etc.machine translation
「市町村等」
In Article 4, paragraph (1), item (iii) and Article 5, paragraph (1), a municipality, an association of local governments that no prefecture belongs to, a specified local incorporated administrative agency set up with a prefectural governor's approval, a school or similar body (学校等), or another body comparable to a municipality.
Short name set inArticle 4, paragraph (1), item (iii)· applies only in this item and in Article 5, paragraph (1)
Certified Child Centers Actmachine translation
「認定こども園法」
Short name for the Act on Advancement of Comprehensive Service Related to Education, Child Care, etc. of Preschool Children (Act No. 77 of 2006).
Short name set inArticle 4, paragraph (1), item (iii)
director of a prefectural labor bureau
都道府県労働局長
The head of a prefectural labor bureau (都道府県労働局), a local branch (地方支分部局) of the Ministry of Health, Labour and Welfare, so part of the national government rather than of the prefecture (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 17; National Government Organization Act, Article 9). The post is filled by a labor standards inspector (労働基準監督官) (Labor Standards Act, Article 97, paragraph (2)). Under the Labor Standards Act, the director, directed and supervised by the head of the Ministry's Labor Standards Management Bureau (労働基準主管局長), directs and supervises the directors of the labor standards inspection offices (労働基準監督署長) in the bureau's area, handles the carrying out of that Act, such as coordinating how inspection is done, and directs and supervises the bureau's staff; the director may also exercise the powers of the authorities below (下級官庁) directly, or have the bureau's labor standards inspectors exercise them (Labor Standards Act, Article 97, paragraph (1), and Article 99, paragraphs (2) and (4)). The heads of public employment security offices (公共職業安定所長) run their offices under the director's direction and supervision (Employment Security Act, Article 8, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Art. 17, National Government Organization Act, Art. 9, Labor Standards Act, Arts. 97, 99 and Employment Security Act, Art. 8 as a reference.