Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Ministerial Order comes into effect as of April 1, 2016.
この省令は、平成二十八年四月一日から施行する。
Supplementary Provisions, Article 2Transitional Measures
第二条(経過措置)
With regard to the payment of the re-employment support incentive to an employer that, before the day of enforcement of this Ministerial Order (hereinafter in this Article referred to as the "Effective Date"), submitted the re-employment assistance plan under Article 102-5, paragraph (2), item (i), (a) of the Ordinance for Enforcement of the Employment Insurance Act before amendment by the provisions of Article 1 (hereinafter referred to as the "former Employment Insurance Ordinance") or the Support Plan for Job-Seeking under item (ii), (a) of that paragraph, the provisions then in force continue to govern.
この省令の施行の日(以下この条において「施行日」という。)前に第一条の規定による改正前の雇用保険法施行規則(以下「旧雇保則」という。)第百二条の五第二項第一号イの再就職援助計画又は同項第二号イの求職活動支援書を提出した事業主に対する再就職支援奨励金の支給については、なお従前の例による。
With regard to the payment of the incentive for supporting development of accepted human resources to an employer that made the hiring under Article 102-5, paragraph (6), item (i), (a) of the former Employment Insurance Ordinance before the Effective Date or to an employer that submitted the vocational training plan under item (ii), (b) of that paragraph before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the grant for employment stabilization of elderly persons to an employer that submitted the environment improvement plan under Article 104, item (i), (a) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the special incentive for employment development of elderly persons to an employer that made the hiring under Article 110, paragraph (7), item (i), (a) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the Okinawa youth employment promotion incentive to an employer that submitted the plan under Article 112, paragraph (4), item (i), (b) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the grant for supporting establishment and operation, etc. of childcare facilities at places of business to an employer or employers' organization that, before the Effective Date, filed an application for payment of the grant for supporting establishment and operation, etc. of childcare facilities at places of business under Article 116, paragraph (2) of the former Employment Insurance Ordinance, the provisions then in force continue to govern; provided, however, that, for an employer or employers' organization that filed an application for payment of the grant for supporting establishment and operation, etc. of childcare facilities at places of business on or after October 31, 2012, payment of the expenses required for operation is to be made until the day on which 10 years have passed counting from the day on which operation of the eligible childcare facility began. In this case, for the amount of payment of the expenses required for operation of that facility during the period from six years to the day on which 10 years have passed, counting from the day on which operation of that facility began, the amount of payment is to be calculated in the manner of the provisions of Article 116, paragraph (2), item (ii) of the Ordinance for Enforcement of the Employment Insurance Act as amended by the provisions of Article 1 (hereinafter referred to as the "new Employment Insurance Ordinance").
施行日前に旧雇保則第百十六条第二項の事業所内保育施設設置・運営等支援助成金の支給に係る申請を行った事業主又は事業主団体に対する事業所内保育施設設置・運営等支援助成金の支給については、なお従前の例による。ただし、平成二十四年十月三十一日以後に事業所内保育施設設置・運営等支援助成金の支給に係る申請を行った事業主又は事業主団体に対する運営に要した費用の支給については、対象保育施設の運営を開始した日から起算して十年を経過する日まで支給するものとする。この場合において、当該施設の運営を開始した日から起算して六年から十年を経過する日までの当該施設の運営に要した費用の支給額については、第一条の規定による改正後の雇用保険法施行規則(以下「新雇保則」という。)第百十六条第二項第二号の規定の例により支給額を算定するものとする。
With regard to the payment of the grant for supporting work-family balance in small and medium-sized enterprises (limited to that pertaining to the measure for return to the original position, etc.) to a small and medium-sized enterprise employer that, before the Effective Date, had an insured person who returned to the original position, etc. through the measure for return to the original position, etc. under Article 116, paragraph (3), item (i), (a), (1) of the former Employment Insurance Ordinance, the provisions then in force continue to govern, limited to payment pertaining to that insured person.
With regard to the payment of the grant for supporting work-family balance in small and medium-sized enterprises (limited to that pertaining to Article 116, paragraph (3), item (i), (b), (1) of the former Employment Insurance Ordinance) to a small and medium-sized enterprise employer that, before the Effective Date, had an insured person who ended the childcare leave under item (i), (b), (1) of that paragraph, the provisions then in force continue to govern.
With regard to the payment of the grant for supporting work-family balance in small and medium-sized enterprises (limited to that pertaining to Article 116, paragraph (3), item (i), (c), (1) of the former Employment Insurance Ordinance) to a small and medium-sized enterprise employer that, before the Effective Date, with the support of a person with knowledge of work relating to employment management, prepared a childcare leave return support plan (meaning the childcare leave return support plan prescribed in item (i), (c), (1) of that paragraph) for an insured person it employs and took measures based on that childcare leave return support plan, for which the period of childcare leave taken by that insured person is three months or more (where that insured person has a period of leave taken pursuant to Article 65, paragraph (2) of the Labor Standards Act and took childcare leave continuously after the expiry of that period, the combined period of that period and the period of that childcare leave is three months or more), and that has notified the Minister of Health, Labour and Welfare to the effect that it has formulated the general employer action plan prescribed in Article 12, paragraph (1) of the Act on Advancement of Measures to Support Raising Next-Generation Children (Act No. 120 of 2003; hereinafter referred to as the "Next-Generation Support Act"), has made that plan public, and has taken measures to make that plan known to its workers, Article 116 of the new Employment Insurance Ordinance is applied by deeming that employer to fall under paragraph (5), item (i), (b) of that Article.
施行日前にその雇用する被保険者について、雇用管理に関する業務について知識を有する者の支援を受けて育休復帰支援計画(旧雇保則第百十六条第三項第一号ハ(1)に規定する育休復帰支援計画をいう。)を作成し、かつ、当該育休復帰支援計画に基づく措置を講じた中小企業事業主であって、当該被保険者の育児休業をした期間が三箇月以上(当該被保険者に労働基準法第六十五条第二項の規定によって休業した期間があり、かつ、当該期間の満了後引き続き育児休業をした場合にあっては、当該期間及び当該育児休業をした期間を通算した期間が三箇月以上)であって、厚生労働大臣に次世代育成支援対策推進法(平成十五年法律第百二十号。以下「次世代法」という。)第十二条第一項に規定する一般事業主行動計画を策定した旨を届け出て、同計画を公表し、同計画を労働者に周知させるための措置を講じているものに対する中小企業両立支援助成金(同号ハ(1)に係るものに限る。)の支給については、当該事業主を新雇保則第百十六条第五項第一号ロに該当するものとみなして、同条の規定を適用する。
Notwithstanding the provisions of paragraph (6) through the preceding paragraph, an employer certified under Article 15-2 of the Next-Generation Support Act is not required to notify the Minister of Health, Labour and Welfare to the effect that it has formulated the general employer action plan prescribed in Article 12, paragraph (1) of the Next-Generation Support Act, make that plan public, or take measures to make that plan known to its workers.
第六項から前項までの規定にかかわらず、次世代法第十五条の二の規定により認定された事業主については、厚生労働大臣に次世代法第十二条第一項に規定する一般事業主行動計画を策定した旨を届け出て、同計画を公表し、同計画を労働者に周知させるための措置を講じることを要しないものとする。
With regard to the payment of the grant for supporting workplace retention to an employer that submitted the plan under Article 118, paragraph (2), item (i), (b), (2) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the career advancement grant to an employer that took the measure under Article 118-2, paragraph (1), item (i), (c), (1) through (4) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the trial employment incentive for persons with disabilities to an employer that hired a worker prescribed in Article 118-3, paragraph (9), item (i) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the career formation promotion grant to an employer or employers' organization, etc. that implemented the training prescribed in Article 125, paragraph (1), item (i) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the grant for promoting in-house human resources development to an employer or employers' organization that came to fall under Article 125-4, paragraph (1), item (i) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the grant for supporting work-family balance, etc. under Article 139 of the former Employment Insurance Ordinance to an employer that came to fall under paragraph (2) or (3) of that Article before the Effective Date, the provisions then in force continue to govern.
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
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)
childcare leavemachine translation
「育児休業」
From Article 116, paragraph (3), item (i)(b)(2) on, childcare leave as Article 2, item (i) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members defines it, together with leave under measures equivalent to the childcare leave system under Article 23, paragraph (2) of that Act and leave under measures taken in line with that system under Article 24, paragraph (1) of that Act.
Defined inArticle 116, paragraph (3), item (i), (b), (2)
original position, etc.machine translation
「原職等」
The same duties and the same position in the organization that an insured person had before their childcare leave or caregiver leave, or a position equivalent to them.
Short name set inArticle 116, paragraph (11), item (i), (b), (1)
measure for return to the original position, etc.machine translation
「原職等復帰措置」
A measure, set out in a collective agreement or the work rules, for bringing an insured person back after childcare leave to the same duties and position they had before it, or to an equivalent position (原職等).
Short name set inArticle 116, paragraph (11), item (i), (b), (1)
insured personmachine translation
「被保険者」
In Article 118-2, paragraph (12), item (i)(c), an insured person of health insurance under the Health Insurance Act or of employees' pension insurance under the Employees' Pension Insurance Act.
Short name set inArticle 118-2, paragraph (12), item (i), (c)
the Effective Datemachine translation
「施行日」
The date Ministry of Health, Labour and Welfare Order No. 83 of 2016, the amending Ministerial Order these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (1)· applies only in this article
former Employment Insurance Ordinancemachine translation
「旧雇保則」
This Ministerial Order as it stood before Article 1 of Ministry of Health, Labour and Welfare Order No. 83 of 2016 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
new Employment Insurance Ordinancemachine translation
「新雇保則」
This Ministerial Order as amended by Article 1 of Ministry of Health, Labour and Welfare Order No. 83 of 2016.
Short name set inSupplementary Provisions, Article 2, paragraph (6)
Next-Generation Support Actmachine translation
「次世代法」
Short name for the Act on Advancement of Measures to Support Raising Next-Generation Children (Act No. 120 of 2003).
Short name set inSupplementary Provisions, Article 2, paragraph (9)