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, 2017; provided, however, that the provisions of Article 2 come into effect as of May 1, 2017.
この省令は、平成二十九年四月一日から施行する。ただし、第二条の規定は、平成二十九年五月一日から施行する。
Supplementary Provisions, Article 2Transitional Measures
第二条(経過措置)
The provisions of Article 31, paragraph (3) 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" in this Article) apply to a notification from a person for whom the day on which four years have passed counting from the day following the basis day prescribed in Article 20, paragraph (1), item (i) of the Employment Insurance Act is on or after the day of enforcement of this Ministerial Order (hereinafter referred to as the "Effective Date" in this Article), and the provisions then in force continue to govern a notification from a person for whom the day on which four years have passed counting from the day following the basis day prescribed in that item is before the Effective Date.
第一条の規定による改正後の雇用保険法施行規則(以下この条において「新雇保則」という。)第三十一条第三項の規定は、雇用保険法第二十条第一項第一号に規定する基準日の翌日から起算して四年を経過する日がこの省令の施行の日(以下この条において「施行日」という。)以後にある者からの申出について適用し、同号に規定する基準日の翌日から起算して四年を経過する日が施行日前にある者からの申出については、なお従前の例による。
The provisions of Article 88, paragraph (1), item (ii) of the new Employment Insurance Ordinance apply to a person who commenced relocation on or after the Effective Date, and the provisions then in force continue to govern the application of Article 88, paragraph (1), item (ii) 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" in this Article) to a person for whom the day of commencing relocation is before the Effective Date.
新雇保則第八十八条第一項第二号の規定は、施行日以後に移転を開始した者について適用し、移転を開始した日が施行日前である者に係る第一条の規定による改正前の雇用保険法施行規則(以下この条において「旧雇保則」という。)第八十八条第一項第二号の規定の適用については、なお従前の例による。
The provisions of Article 101-2-5 of the new Employment Insurance Ordinance apply to a notification from a person for whom the day on which four years have passed counting from the day on which the person ceased to be a generally insured person (meaning an insured person other than an elderly insured person prescribed in Article 37-2, paragraph (1) of the Employment Insurance Act (the same applies hereinafter in this paragraph and the following paragraph), a specially insured person in short-term employment, and an insured day worker; the same applies hereinafter in this paragraph and the following paragraph) or an elderly insured person is on or after the Effective Date, and the provisions then in force continue to govern a notification from a person for whom the day on which four years have passed counting from the day on which the person ceased to be a generally insured person or an elderly insured person is before the Effective Date.
新雇保則第百一条の二の五の規定は、一般被保険者(被保険者のうち、雇用保険法第三十七条の二第一項に規定する高年齢被保険者(以下この項及び次項において同じ。)、短期雇用特例被保険者及び日雇労働被保険者以外のものをいう。以下この項及び次項において同じ。)又は高年齢被保険者でなくなった日から起算して四年を経過する日が施行日以後にある者からの申出について適用し、一般被保険者又は高年齢被保険者でなくなった日から起算して四年を経過する日が施行日前にある者からの申出については、なお従前の例による。
With regard to the application of Article 101-2-12, paragraph (1) of the Ordinance for Enforcement of the Employment Insurance Act and Article 27, paragraph (1) of the Supplementary Provisions of that Ordinance to a person for whom the period for notification under Article 101-2-5, paragraph (1) of the former Employment Insurance Ordinance has already passed at the time of enforcement of this Ministerial Order and for whom the day on which four years have passed counting from the day on which the person ceased to be a generally insured person or an elderly insured person is on or after the Effective Date, the phrase "one month before the day on which the person starts specialized practical educational training" in Article 101-2-12, paragraph (1) of that Ordinance and Article 27, paragraph (1) of the Supplementary Provisions of that Ordinance is deemed to be replaced with "the day before the day on which the person starts specialized practical educational training".
With regard to the payment, to an employer that, before the Effective Date, submitted the re-employment assistance plan under Article 102-5, paragraph (2), item (i), (a) of the former Employment Insurance Ordinance or the basic plan for supporting job-seeking activities under item (ii), (a) of that paragraph (hereinafter referred to as the "re-employment assistance plan, etc." in this Article), of the re-employment support incentive pertaining to that re-employment assistance plan, etc., the provisions then in force continue to govern.
With regard to the payment, 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 an employer that submitted the vocational training plan under item (ii), (b) of that paragraph before the Effective Date, of the incentive for supporting development of accepted human resources pertaining to that hiring or that vocational training plan, the provisions then in force continue to govern.
With regard to the payment, to an employer that made the hiring under Article 102-5, paragraph (8), item (i), (a) of the former Employment Insurance Ordinance before the Effective Date or an employer that submitted the vocational training plan under item (ii), (b) of that paragraph before the Effective Date, of the grant for supporting realization of career aspirations pertaining to that hiring or that vocational training plan, the provisions then in force continue to govern.
The provisions of Article 102-5, paragraphs (8) and (10) of the new Employment Insurance Ordinance apply where the day on which the employer submitted the re-employment assistance plan, etc. is on or after the Effective Date.
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 or the plan for conversion to no-fixed-term employment under (b) of that item before the Effective Date, the provisions then in force continue to govern.
With regard to the payment of the grant for promoting employment beyond age 65 to an employer that, before the Effective Date, implemented the measure under Article 104-2, item (i), (a) of the former Employment Insurance Ordinance and filed an application for payment, the provisions then in force continue to govern.
An employer that received payment under Article 104, item (i), (a), (2), (v) or Article 104-2, item (i), (a) of the former Employment Insurance Ordinance is deemed to be an employer that received payment under Article 104, item (i), (a) of the new Employment Insurance Ordinance.
旧雇保則第百四条第一号イ(2)(v)又は第百四条の二第一号イの規定による支給を受けた事業主については、新雇保則第百四条第一号イの規定による支給を受けた事業主とみなす。
With regard to the payment, to an employer that, before the Effective Date, carried out the initiative under Article 116, paragraph (3), item (i), (a) of the former Employment Insurance Ordinance and had a male insured person it employs take childcare leave, of the grant for work-family balance support at birth pertaining to that male insured person, the provisions then in force continue to govern.
With regard to the payment of the grant for caregiver turnover prevention support to an employer that took measures based on the caregiving support plan prescribed in Article 116, paragraph (4), item (i), (a) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern, limited to payment pertaining to that caregiving support plan.
With regard to the payment, to a small and medium-sized enterprise employer in which, before the Effective Date, an insured person arose who returned to the original position, etc. through the measure for return to the original position, etc. under Article 116, paragraph (5), item (i), (a), (1) of the former Employment Insurance Ordinance, of the grant for supporting work-family balance in small and medium-sized enterprises pertaining to that insured person (including that under Article 116, paragraphs (6) and (7) of the former Employment Insurance Ordinance), 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 (including that under Article 116, paragraph (8) of the former Employment Insurance Ordinance) to a small and medium-sized enterprise employer that took measures based on the childcare leave return support plan prescribed in Article 116, paragraph (5), item (i), (b), (1) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern, limited to payment pertaining to that childcare leave return support plan.
With regard to the payment of the grant for supporting workplace retention to an employer that, before the Effective Date, submitted the plan for development of employment management systems under Article 118, paragraph (2), item (i), (b), (2) of the former Employment Insurance Ordinance, the introduction and operation plan under (c), (2) of that item, the plan for development of wage systems under (d), (2) of that item, or the plan for development of wage systems under Article 17-2-4, paragraph (1), item (ii) of the Supplementary Provisions of the former Employment Insurance Ordinance, the provisions then in force continue to govern.
With regard to the payment of the career advancement grant to an employer that took the measures under Article 118-2 of the former Employment Insurance Ordinance and Article 17-3 of the Supplementary Provisions of that Ordinance before the Effective Date, the provisions then in force continue to govern.
With regard to the payment, to an employer that made the assignment, commission, or entrustment under Article 118-3, paragraph (4), item (i), (b) of the former Employment Insurance Ordinance before the Effective Date, of the incentive for employment stabilization of persons with disabilities pertaining to that assignment, commission, or entrustment, the provisions then in force continue to govern.
With regard to the payment, to an employer that submitted the plan under Article 118-3, paragraph (8), item (i), (a) of the former Employment Insurance Ordinance before the Effective Date, of the grant for establishment, etc. of facilities for employing large numbers of persons with disabilities in small and medium-sized enterprises pertaining to that plan, the provisions then in force continue to govern.
With regard to the payment, to an employer that took the measure under Article 118-3, paragraph (11), item (i), (b) of the former Employment Insurance Ordinance before the Effective Date, of the grant for supporting return to work of persons with disabilities pertaining to that measure, the provisions then in force continue to govern.
With regard to the payment, to an employer that submitted the employment creation plan under Article 119, paragraph (1), item (i), (b), (1) of the former Employment Insurance Ordinance before the Effective Date, of the grant for supporting business start-ups for lifelong active careers, 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, before the Effective Date, submitted the annual vocational ability development plan prescribed in Article 125, paragraph (1), item (i), (a), (1) of the former Employment Insurance Ordinance, the plan for introducing and applying a system prescribed in (j), (3) of that item, the training implementation plan prescribed in (k) of that item, or the test implementation plan prescribed in (m) of that item, the provisions then in force continue to govern.
With regard to the payment of the career advancement grant to an employer that, before the Effective Date, submitted the general vocational training implementation plan prescribed in Article 133, paragraph (1), item (i), (c), (1) of the former Employment Insurance Ordinance or the fixed-term practical training implementation plan prescribed in (c), (4) of that item, the provisions then in force continue to govern.
With regard to the payment, to an employer or other such person that received the certification under Article 138-3, paragraph (1), item (i), (a) of the former Employment Insurance Ordinance before the Effective Date, of the grant for vocational ability development for persons with disabilities pertaining to that certification, the provisions then in force continue to govern.
With regard to the payment of the grant for supporting work-family balance, etc. to an employer that came to fall under Article 139, paragraph (2) or (3) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
Documents that are actually submitted or issued at the time of enforcement of this Ministerial Order and are used in accordance with the forms (referred to as the "Former Forms" in the following paragraph) of the former Employment Insurance Ordinance are deemed to be in accordance with the forms of the new Employment Insurance Ordinance.
Paper forms in accordance with the Former Forms that actually exist at the time this Ministerial Order comes into effect may be used for the time being with corrections made to them.
この省令の施行の際現にある旧様式による用紙については、当分の間、これを取り繕って使用することができる。
With regard to the payment of the grant for promoting employment beyond age 65 to an employer that, before the day of enforcement of the provisions of Article 2, implemented the measure under Article 104, item (i), (a) of the Ordinance for Enforcement of the Employment Insurance Act before amendment by the provisions of Article 2 and filed an application for payment, the provisions then in force continue to govern.
第二条の規定の施行の日前に第二条の規定による改正前の雇用保険法施行規則第百四条第一号イの措置を実施し支給申請を行った事業主に対する六十五歳超雇用推進助成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 hiring and retention of persons who graduated within the past three years, etc. under Article 17-2-3 of the Supplementary Provisions of the Ordinance for Enforcement of the Employment Insurance Act before amendment by the provisions of Article 2, pertaining to hiring before the day of enforcement of the provisions of Article 2, the provisions then in force continue to govern.
第二条の規定の施行の日前の雇入れに係る第二条の規定による改正前の雇用保険法施行規則附則第十七条の二の三の三年以内既卒者等採用定着奨励金の支給については、なお従前の例による。
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
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)
elderly insured personmachine translation
「高年齢被保険者」
An insured person (被保険者) aged 65 or over, 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).
Short name set inArticle 14-2, paragraph (1)
specialized practical educational trainingmachine translation
「専門実践教育訓練」
Educational training (教育訓練) for occupations needed for stable employment and finding work that the Minister of Health, Labour and Welfare designates as specialized, practical training that helps a person build their career over the medium to long term.
Short name set inArticle 101-2-7, paragraph (1), item (iv)
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)
plan for introducing and applying a systemmachine translation
「制度導入・適用計画」
In Article 125, paragraph (2), an employer's plan, drawn up under its in-house vocational ability development plan (事業内職業能力開発計画) and made known to its insured persons, for newly introducing and applying a measure that gives them leave or shorter working hours so that they can develop their vocational abilities on their own initiative.
Short name set inArticle 125, paragraph (2), item (i), (e), (3), (iii)
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. 55 of 2017.
Short name set inSupplementary Provisions, Article 2, paragraph (1)· applies only in this article
the Effective Datemachine translation
「施行日」
The date Ministry of Health, Labour and Welfare Order No. 55 of 2017, 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. 55 of 2017 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (2)· applies only in this article
generally insured personmachine translation
「一般被保険者」
An insured person (被保険者) other than an elderly insured person (高年齢被保険者), 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 inSupplementary Provisions, Article 2, paragraph (3)· applies only in this paragraph and in Supplementary Provisions, Article 2, paragraph (4)
re-employment assistance plan, etc.machine translation
「再就職援助計画等」
In Article 2 of the supplementary provisions (附則) of Ministry of Health, Labour and Welfare Order No. 55 of 2017, the re-employment assistance plan (再就職援助計画) of Article 102-5, paragraph (2), item (i), (a), or the basic plan for supporting job-seeking activities (求職活動支援基本計画書) of item (ii), (a) of that paragraph, of this Ordinance as it stood before that Order amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (5)· applies only in this article
the Former Formsmachine translation
「旧様式」
The forms as they stood before the Ministerial Order (省令) these supplementary provisions belong to amended them; documents already in use on those forms count as being on the amended ones.
Short name set inSupplementary Provisions, Article 2, paragraph (26)· applies only in this provision and in Supplementary Provisions, Article 2, paragraph (27)