Article 104Grant for Promoting Employment Beyond Age 65
第百四条(六十五歳超雇用推進助成金)
the employer has newly taken, by a collective agreement or rules of employment, any of the following measures:
労働協約又は就業規則により次のいずれかに該当する措置を新たに講じた事業主であること。
raising the mandatory retirement age to 65;
六十五歳への定年引上げ
raising the mandatory retirement age to an age of 66 or more and less than 70;
六十六歳以上七十歳未満までの定年引上げ
raising the mandatory retirement age to 70 or more (limited to a case where the mandatory retirement age before the raise is under 70);
七十歳以上までの定年引上げ(引上げ前の定年が七十歳未満のものに限る。)
abolition of the provision of a mandatory retirement age;
定年の定めの廃止
introduction of a continuous employment system up to an age of 66 or more and less than 70 (meaning a system of continuing to employ, after the mandatory retirement age, insured persons (excluding specially insured persons in short-term employment and insured day workers; the same applies hereinafter in this Article) who wish to be continuously employed after the mandatory retirement age (hereinafter referred to as "persons wishing for continued employment" in this Article); the same applies hereinafter in this Article);
六十六歳以上七十歳未満の年齢までの継続雇用制度(被保険者(短期雇用特例被保険者及び日雇労働被保険者を除く。以下この条において同じ。)であつて定年後も引き続いて雇用されることを希望する者(以下この条において「継続雇用希望者」という。)を定年後も引き続いて雇用する制度をいう。以下この条において同じ。)の導入
introduction of a continuous employment system up to an age of 70 or more;
七十歳以上の年齢までの継続雇用制度の導入
introduction of a system of continued employment at another company up to an age of 66 or more and less than 70 (meaning a system under which a contract under Article 9, paragraph (2) of the Act on Employment Security of Elderly Persons or a contract under Article 10-2, paragraph (3) of that Act is concluded concerning insured persons who wish to be continuously employed after the mandatory retirement age, etc. (meaning after the mandatory retirement age or after reaching the upper age limit set in a continuous employment system; the same applies hereinafter in this item) (hereinafter referred to as "specified persons wishing for continued employment" in this Article), and the employment of specified persons wishing for continued employment after the mandatory retirement age, etc. is secured based on that contract; the same applies hereinafter in this Article);
六十六歳以上七十歳未満の年齢までの他社継続雇用制度(被保険者であつて定年後等(定年後又は継続雇用制度において設定した年齢の上限に達した後をいう。以下この号において同じ。)も引き続いて雇用されることを希望する者(以下この条において「特定継続雇用希望者」という。)を高年齢者等の雇用の安定等に関する法律第九条第二項の契約又は同法第十条の二第三項の契約を締結し、当該契約に基づき定年後等も特定継続雇用希望者の雇用を確保する制度をいう。以下この条において同じ。)の導入
introduction of a system of continued employment at another company up to an age of 70 or more;
七十歳以上の年齢までの他社継続雇用制度の導入
the employer maintains documents that clarify the status of implementation of the measure under (1);
(1)の措置の実施の状況を明らかにする書類を整備している事業主であること。
the employer has not made, in a collective agreement or rules of employment, provisions that differ from the provisions of Article 8 of the Act on Employment Security of Elderly Persons or Article 9, paragraph (1) of that Act;
労働協約又は就業規則において、高年齢者等の雇用の安定等に関する法律第八条又は第九条第一項の規定と異なる定めをしていないこと。
on the day before the day on which the application for payment was made, there are one or more insured persons aged 60 or more who have been continuously employed by that employer for one year or more (hereinafter referred to as "covered insured persons" in this Article) (limited to persons who are subject to the measure under (1));
the employer has, in addition to appointing a person to be responsible for the duties of improving working facilities and other conditions pursuant to Article 11 of the Act on Employment Security of Elderly Persons, taken any of the following measures giving consideration to the elderly persons it employs:
高年齢者等の雇用の安定等に関する法律第十一条の規定による作業施設の改善その他の諸条件の整備を図るための業務を担当する者の選任に加え、雇用する高年齢者に配慮した次に掲げるいずれかの措置を行つた事業主であること。
implementation of educational training, etc. for the development and improvement of vocational ability;
職業能力の開発及び向上のための教育訓練の実施等
improvement of working facilities and work methods;
作業施設及び作業方法の改善
consideration for health management and industrial safety and health;
健康管理及び安全衛生の配慮
expansion of fields of work;
職域の拡大
promotion of assignment or treatment that makes use of knowledge, experience, etc.;
知識及び経験等を活用できる配置又は処遇の推進
review of the wage system;
賃金体系の見直し
making working hours systems more flexible;
勤務時間制度の弾力化
the employer has submitted to the President of the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers a plan concerning efforts for the development of employment management systems, etc. for elderly persons (meaning elderly persons prescribed in Article 2, paragraph (1) of the Act on Employment Security of Elderly Persons; hereinafter referred to as "elderly persons" in this Article) (hereinafter referred to as an "employment management development plan" in this Article), and that employment management development plan is found appropriate for promoting the employment of elderly persons;
独立行政法人高齢・障害・求職者雇用支援機構理事長に対して、高年齢者等の雇用の安定等に関する法律第二条第一項に規定する高年齢者(以下この条において「高年齢者」という。)の雇用管理制度の整備等の取組に係る計画(以下この条において「雇用管理整備計画」という。)を提出し、当該雇用管理整備計画が高年齢者の雇用の推進を図るために適当であると認められる事業主であること。
as measures based on the employment management development plan, the employer has, as provided in a collective agreement or rules of employment, implemented a review or introduction of employment management systems such as ability development, ability assessment, wage systems and working hours for increasing employment opportunities for the elderly persons it employs, or the introduction of a system for conducting health examinations by a physician or dentist (excluding the health examinations prescribed in Article 66, paragraphs (1) through (4) of the Industrial Safety and Health Act (Act No. 57 of 1972); the same applies in (b), (2) of the following item), and maintains documents that clarify the status of implementation of those measures and the status after implementation of those measures during the period until the day on which six months have passed counting from the day following the last day of the period of that employment management development plan;
雇用管理整備計画に基づく措置として、労働協約又は就業規則の定めるところにより、その雇用する高年齢者の雇用の機会を増大するための能力開発、能力評価、賃金体系、労働時間等の雇用管理制度の見直し若しくは導入又は医師若しくは歯科医師による健康診断(労働安全衛生法(昭和四十七年法律第五十七号)第六十六条第一項から第四項までに規定する健康診断を除く。次号ロ(2)において同じ。)を実施するための制度の導入を実施し、当該措置の実施の状況及び当該雇用管理整備計画の期間の末日の翌日から起算して六箇月を経過する日までの間における当該措置の実施後の状況を明らかにする書類を整備している事業主であること。
the employer has not made, in a collective agreement or rules of employment, provisions that differ from the provisions of Article 8 of the Act on Employment Security of Elderly Persons or Article 9, paragraph (1) of that Act;
労働協約又は就業規則において、高年齢者等の雇用の安定等に関する法律第八条又は第九条第一項の規定と異なる定めをしていないこと。
on the day before the day on which the application for payment was made, there are one or more covered insured persons (limited to persons who are subject to the measures under (2));
支給申請を行つた日の前日において、対象被保険者((2)の措置の対象となる者に限る。)が一人以上いること。
the employer has submitted to the President of the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers a plan for the conversion of workers aged 50 or more who conclude a labor contract with a fixed term (referred to as "eligible fixed-term contract workers" in (2)) to workers who conclude a labor contract without a fixed term (hereinafter referred to as a "plan for conversion to no-fixed-term employment" in this item), and that plan for conversion to no-fixed-term employment is found appropriate for securing stable employment of those workers;
as a measure based on the plan for conversion to no-fixed-term employment, the employer has, under a system established as provided in a collective agreement, rules of employment or the equivalent, converted an eligible fixed-term contract worker it employs to a worker who concludes a labor contract without a fixed term before that eligible fixed-term contract worker reaches the same age as the mandatory retirement age applicable to workers who conclude a labor contract without a fixed term and engage in the same kind of work (65 where that age is 65 or more);
the employer is one other than an employer (excluding an employer that dismissed workers because it became impossible to continue business due to a natural disaster or other unavoidable reason, or for reasons attributable to the workers) that dismissed workers of the place of business pertaining to the measure under (2) during the period from the day six months before the day preceding the day on which the measure under (2) was implemented until the day on which one year has passed from that day six months before (referred to as the "reference period" in (4));
(2)の措置を実施した日の前日から起算して六箇月前の日から一年を経過した日までの間((4)において「基準期間」という。)において、当該措置に係る事業所の労働者を解雇した事業主(天災その他やむを得ない理由のために事業の継続が不可能となつたこと又は労働者の責めに帰すべき理由により解雇した事業主を除く。)以外の事業主であること。
the employer is one found to be carrying out proper employment management, judging from the number of those who were employed at the place of business pertaining to the measure under (2) and separated from service in the reference period and for whom determination of recipient qualification was made as specific qualified recipients in that reference period, and other factors;
the employer has, in addition to appointing a person to be responsible for the duties of improving working facilities and other conditions pursuant to Article 11 of the Act on Employment Security of Elderly Persons, taken any of the following measures giving consideration to the elderly persons it employs:
高年齢者等の雇用の安定等に関する法律第十一条の規定による作業施設の改善その他の諸条件の整備を図るための業務を担当する者の選任に加え、雇用する高年齢者に配慮した次に掲げるいずれかの措置を行つた事業主であること。
implementation of educational training, etc. for the development and improvement of vocational ability;
職業能力の開発及び向上のための教育訓練の実施等
improvement of working facilities and methods;
作業施設及び方法の改善
consideration for health management and industrial safety and health;
健康管理及び安全衛生の配慮
expansion of fields of work;
職域の拡大
promotion of assignment or treatment that makes use of knowledge, experience, etc.;
知識及び経験等を活用できる配置又は処遇の推進
review of the wage system;
賃金体系の見直し
making working hours systems more flexible;
勤務時間制度の弾力化
the employer maintains documents that clarify the status of implementation of the measure under (2), the status of separation from service of workers of the place of business pertaining to that measure, the status of payment of wages to the persons pertaining to that measure, and the status of implementation of the measure under (5);
(2)の措置の実施の状況、当該措置に係る事業所の労働者の離職の状況、当該措置に係る者に対する賃金の支払の状況及び(5)の措置の実施の状況を明らかにする書類を整備している事業主であること。
the employer has not made, in a collective agreement or rules of employment, provisions that differ from the provisions of Article 8 of the Act on Employment Security of Elderly Persons or Article 9, paragraph (1) of that Act;
労働協約又は就業規則において、高年齢者等の雇用の安定等に関する法律第八条又は第九条第一項の規定と異なる定めをしていないこと。
the amount specified in (a) through (c) respectively, according to the categories of employers set out in (a) through (c).
次のイからハまでに掲げる事業主の区分に応じて、それぞれ当該規定に定める額
an employer that falls under (a) of the preceding item: the amount specified in the relevant provision according to the categories of employers set out in (1) through (8) below:
an employer that has taken the measure under the preceding item, (a), (1), (i): the amount specified in the relevant provision according to the categories of employers set out in (i) through (iv) below:
an employer with less than 4 covered insured persons: 150,000 yen;
an employer with 4 or more and less than 7 covered insured persons: 200,000 yen;
an employer with 7 or more and less than 10 covered insured persons: 250,000 yen;
an employer with 10 or more covered insured persons: 300,000 yen;
an employer that has taken the measure under the preceding item, (a), (1), (ii): the amount specified in the relevant provision according to the categories of employers set out in (i) through (iv) below:
an employer with less than 4 covered insured persons: 400,000 yen (250,000 yen for an employer, among those that raised the mandatory retirement age, for which the number of years by which the mandatory retirement age was raised is less than five years);
an employer with 4 or more and less than 7 covered insured persons: 650,000 yen (320,000 yen for an employer, among those that raised the mandatory retirement age, for which the number of years by which the mandatory retirement age was raised is less than five years);
an employer with 7 or more and less than 10 covered insured persons: 1,100,000 yen (390,000 yen for an employer, among those that raised the mandatory retirement age, for which the number of years by which the mandatory retirement age was raised is less than five years);
an employer with 10 or more covered insured persons: 1,350,000 yen (460,000 yen for an employer, among those that raised the mandatory retirement age, for which the number of years by which the mandatory retirement age was raised is less than five years);
an employer that has taken the measure under the preceding item, (a), (1), (iii): the amount specified in the relevant provision according to the categories of employers set out in (i) through (iv) below:
an employer with less than 4 covered insured persons: 450,000 yen;
an employer with 4 or more and less than 7 covered insured persons: 700,000 yen;
an employer with 7 or more and less than 10 covered insured persons: 1,150,000 yen;
an employer with 10 or more covered insured persons: 1,400,000 yen;
an employer that has taken the measure under the preceding item, (a), (1), (iv): the amount specified in the relevant provision according to the categories of employers set out in (i) through (iv) below:
an employer with less than 4 covered insured persons: 600,000 yen;
an employer with 4 or more and less than 7 covered insured persons: 1,200,000 yen;
an employer with 7 or more and less than 10 covered insured persons: 1,800,000 yen;
an employer with 10 or more covered insured persons: 2,400,000 yen;
an employer that has taken the measure under the preceding item, (a), (1), (v): the amount specified in the relevant provision according to the categories of employers set out in (i) through (iv) below:
an employer with less than 4 covered insured persons: 200,000 yen (220,000 yen for an employer that has taken a measure covering all persons wishing for continued employment);
an employer with 4 or more and less than 7 covered insured persons: 320,000 yen (370,000 yen for an employer that has taken a measure covering all persons wishing for continued employment);
an employer with 7 or more and less than 10 covered insured persons: 500,000 yen (600,000 yen for an employer that has taken a measure covering all persons wishing for continued employment);
an employer with 10 or more covered insured persons: 750,000 yen (900,000 yen for an employer that has taken a measure covering all persons wishing for continued employment);
an employer that has taken the measure under the preceding item, (a), (1), (vi): the amount specified in the relevant provision according to the categories of employers set out in (i) through (iv) below:
an employer with less than 4 covered insured persons: 360,000 yen (400,000 yen for an employer that has taken a measure covering all persons wishing for continued employment);
an employer with 4 or more and less than 7 covered insured persons: 600,000 yen (650,000 yen for an employer that has taken a measure covering all persons wishing for continued employment);
an employer with 7 or more and less than 10 covered insured persons: 950,000 yen (1,050,000 yen for an employer that has taken a measure covering all persons wishing for continued employment);
an employer with 10 or more covered insured persons: 1,200,000 yen (1,300,000 yen for an employer that has taken a measure covering all persons wishing for continued employment);
an employer that has taken the measure under the preceding item, (a), (1), (vii): the amount specified in the relevant provision according to the categories of employers set out in (i) through (iv) below:
an employer with less than 4 covered insured persons: 160,000 yen (200,000 yen for an employer that has taken a measure covering all specified persons wishing for continued employment);
an employer with 4 or more and less than 7 covered insured persons: 260,000 yen (300,000 yen for an employer that has taken a measure covering all specified persons wishing for continued employment);
an employer with 7 or more and less than 10 covered insured persons: 400,000 yen (500,000 yen for an employer that has taken a measure covering all specified persons wishing for continued employment);
an employer with 10 or more covered insured persons: 600,000 yen (700,000 yen for an employer that has taken a measure covering all specified persons wishing for continued employment);
an employer that has taken the measure under the preceding item, (a), (1), (viii): the amount specified in the relevant provision according to the categories of employers set out in (i) through (iv) below:
an employer with less than 4 covered insured persons: 300,000 yen (320,000 yen for an employer that has taken a measure covering all specified persons wishing for continued employment);
an employer with 4 or more and less than 7 covered insured persons: 450,000 yen (500,000 yen for an employer that has taken a measure covering all specified persons wishing for continued employment);
an employer with 7 or more and less than 10 covered insured persons: 750,000 yen (850,000 yen for an employer that has taken a measure covering all specified persons wishing for continued employment);
an employer with 10 or more covered insured persons: 1,000,000 yen (1,050,000 yen for an employer that has taken a measure covering all specified persons wishing for continued employment);
an employer that falls under (b) of the preceding item: the amount specified in the relevant provision according to the categories of employers set out in (1) through (3) below:
an employer that has implemented, as the measure under the preceding item, (b), (2), a review or introduction of the employment management systems under that item, (b), (2) (limited to those concerning ability assessment and wage systems), as provided in a collective agreement or rules of employment: 450,000 yen (600,000 yen for a small and medium-sized enterprise employer);
an employer that has implemented, as the measure under the preceding item, (b), (2), a review or introduction of the employment management systems under that item, (b), (2) (excluding those concerning ability assessment and wage systems), or the introduction of a system for conducting health examinations, as provided in a collective agreement or rules of employment: 230,000 yen (300,000 yen for a small and medium-sized enterprise employer);
an employer that has introduced, in implementing the measure under the preceding item, (b), (2), equipment, systems, software or anything similar thereto pertaining to that measure (hereinafter referred to as "equipment, etc." in this (3)): the lower of an amount equivalent to 45/100 (60/100 for a small and medium-sized enterprise employer) of the amount of the expenses required for the introduction of that equipment, etc. (excluding personnel expenses) and 300,000 yen;
an employer that falls under (c) of the preceding item: 300,000 yen (400,000 yen for a small and medium-sized enterprise employer) for each person subject to the measure under the preceding item, (c), (2) (where the number of workers subject to that measure in a single fiscal year exceeds 10 for a single place of business, payment is limited to up to 10 persons for that place of business).
recipient qualificationmachine translation
「受給資格」
The recipient qualification of Article 14, paragraph (2), item (i) of the Employment Insurance Act: the qualification to receive the basic allowance (基本手当) under Article 13, paragraph (1) of that Act, which turns on how long a person who has become unemployed was insured before separating from service.
Short name set inArticle 1, paragraph (5), item (i)
insured day workermachine translation
「日雇労働被保険者」
A day worker (日雇労働者) who is insured and who lives in a covered area (適用区域) and works for a covered undertaking (適用事業), lives outside one but works for a covered undertaking inside it, works outside one for a covered undertaking the Minister of Health, Labour and Welfare has designated, or has been approved by the chief of the Public Employment Security Office (公共職業安定所長); the job applicant benefits for day workers (日雇労働求職者給付金) are paid when they become unemployed.
Short name set inArticle 1, paragraph (5), item (i)
employermachine translation
「事業主」
In this Ordinance other than Article 130, the employer of a covered undertaking (適用事業).
Short name set inArticle 3, paragraph (1)· applies from here on, except in Article 130
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)
specially insured person in short-term employmentmachine translation
「短期雇用特例被保険者」
An insured person employed seasonally, other than one hired for a fixed term of four months or less, one whose prescribed weekly working hours are 20 or more but below a number the Minister of Health, Labour and Welfare sets, and an insured day worker (日雇労働被保険者); the special lump-sum payment (特例一時金) is paid when they become unemployed.
Short name set inArticle 14-2, paragraph (1)
specific qualified recipientmachine translation
「特定受給資格者」
A specific qualified recipient as Article 23, paragraph (2) of the Employment Insurance Act defines it: a qualified recipient (受給資格者) whose separation from service came with the insolvency of the employer or the scaling down or closing of its business, or who was dismissed or left for another reason a Ministry of Health, Labour and Welfare Order (厚生労働省令) sets.
Short name set inArticle 14-4, paragraph (1)
small and medium-sized enterprise employermachine translation
「中小企業事業主」
An employer whose capital or total contributions do not exceed 300 million yen (50 million yen where its main business is retail or services, 100 million yen where it is wholesale), or whose regular workforce does not exceed 300 (50 where its main business is retail, 100 where it is wholesale or services).
Defined inArticle 102-3, paragraph (1), item (ii), (a), (5)
continuous employment systemmachine translation
「継続雇用制度」
In Article 104, a system under which an employer keeps employing, after the mandatory retirement age (定年), an insured person who wishes it, other than a specially insured person in short-term employment (短期雇用特例被保険者) or an insured day worker (日雇労働被保険者).
Defined inArticle 104, paragraph (1), item (i), (a), (1), (v)· applies only in this article
person wishing for continued employmentmachine translation
「継続雇用希望者」
In Article 104, an insured person, other than a specially insured person in short-term employment (短期雇用特例被保険者) or an insured day worker (日雇労働被保険者), who wishes to stay employed after the mandatory retirement age (定年).
Short name set inArticle 104, paragraph (1), item (i), (a), (1), (v)· applies only in this article
system of continued employment at another companymachine translation
「他社継続雇用制度」
In Article 104, a system by which the employment of insured persons who want to keep working after the retirement age, or after the age limit of the continued employment system, is secured under a contract concluded under Article 9, paragraph (2) or Article 10-2, paragraph (3) of the Act on Employment Security of Elderly Persons.
Defined inArticle 104, paragraph (1), item (i), (a), (1), (vii)· applies only in this article
after the mandatory retirement age, etc.machine translation
「定年後等」
In Article 104, paragraph (1), item (i), the time after a worker reaches the retirement age (定年) or the upper age limit set in the continued employment system (継続雇用制度).
Defined inArticle 104, paragraph (1), item (i), (a), (1), (vii)· applies only in this item
specified person wishing for continued employmentmachine translation
「特定継続雇用希望者」
In Article 104, an insured person who wishes to stay employed after reaching the mandatory retirement age or the upper age limit set in a continuous employment system (継続雇用制度).
Short name set inArticle 104, paragraph (1), item (i), (a), (1), (vii)· applies only in this article
covered insured personmachine translation
「対象被保険者」
In Article 104, an insured person aged 60 or over who, on the day before the employer applies, has been continuously employed by it for a year or more.
Short name set inArticle 104, paragraph (1), item (i), (a), (4)· applies only in this article
employment management development planmachine translation
「雇用管理整備計画」
In Article 104, an employer's plan for its efforts to put in place employment management systems for elderly persons (高年齢者), submitted to the President of the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers (独立行政法人高齢・障害・求職者雇用支援機構).
Short name set inArticle 104, paragraph (1), item (i), (b), (1)· applies only in this article
elderly personmachine translation
「高年齢者」
In Article 104, an elderly person as Article 2, paragraph (1) of the Act on Employment Security of Elderly Persons defines it: a person at or above an age a Ministry of Health, Labour and Welfare Order (厚生労働省令) sets.
Short name set inArticle 104, paragraph (1), item (i), (b), (1)· applies only in this article
eligible fixed-term contract workermachine translation
「対象有期契約労働者」
In Article 104, paragraph (1), item (i), (c), a worker aged 50 or over employed on a fixed-term contract, whom the employer's plan, submitted to the President of the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers, will move to employment with no fixed term.
Short name set inArticle 104, paragraph (1), item (i), (c), (1)· applies only in this provision and in Article 104, paragraph (1), item (i), (c), (2)
plan for conversion to no-fixed-term employmentmachine translation
「無期雇用転換計画」
In Article 104, paragraph (1), item (i), an employer's plan, submitted to the President of the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers, for moving workers aged 50 or over on fixed-term contracts to employment with no fixed term.
Short name set inArticle 104, paragraph (1), item (i), (c), (1)· applies only in this item
reference periodmachine translation
「基準期間」
In Article 104, paragraph (1), item (i), (c), the period from the day six months before the day before the measure in (2) was taken to one year after that day, in which the employer must not have dismissed any worker at the workplace concerned (other than for a natural disaster or other unavoidable cause that made it impossible to carry on the business, or for a reason the worker was to blame for).
Short name set inArticle 104, paragraph (1), item (i), (c), (3)· applies only in this provision and in Article 104, paragraph (1), item (i), (c), (4)
equipment, etc.machine translation
「機器等」
In Article 104, paragraph (1), item (ii), (b), (3), the machinery, systems, software and similar things an employer introduces in taking the measure in item (i), (b), (2) of that paragraph.
Short name set inArticle 104, paragraph (1), item (ii), (b), (3)