Article 15Recognition of Unemployment
第十五条(失業の認定)
The basic allowance is paid for the days on which a person who has recipient qualifications (hereinafter referred to as a "qualified recipient" except for the following Section to Section 4) is unemployed (limited to those days for which the recognition of their unemployment has been obtained; hereinafter the same applies in this Subsection).
基本手当は、受給資格を有する者(次節から第四節までを除き、以下「受給資格者」という。)が失業している日(失業していることについての認定を受けた日に限る。以下この款において同じ。)について支給する。
A qualified recipient who seeks to obtain the recognition of unemployment set forth in the preceding paragraph (hereinafter referred to as the "recognition of unemployment" in this Subsection) must, after separation from service, make an appearance at the Public Employment Security Office and apply for employment as prescribed by Order of the Ministry of Health, Labour and Welfare.
The recognition of unemployment is to be given by the Public Employment Security Office to which a qualified recipient has applied for employment, once every four weeks calculated from the day on which the person first made an appearance after separation from service, with regard to each day of the immediately preceding 28 days; provided, however, that the Minister of Health, Labour and Welfare may specify differently with regard to the recognition of unemployment for qualified recipients who take public vocational training, etc. designated by the chief of the Public Employment Security Office (meaning vocational training (including training conducted by the Polytechnic University) conducted by Public Human Resources Development Centers established by the State, prefectures or municipalities or the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers, accredited vocational training prescribed in Article 4, paragraph (2) of the Act on Support for the Employment of Specified Job Seekers through Implementation of Vocational Training, etc. (Act No. 47 of 2011) (excluding that specified by Order of the Ministry of Health, Labour and Welfare), and other training or courses given pursuant to the provisions of laws and regulations, for assisting unemployed persons in adapting to the working environment or for having them acquire the knowledge and skills necessary for obtaining employment and that are specified by Cabinet Order; the same applies hereinafter) and for other qualified recipients specified by Order of the Ministry of Health, Labour and Welfare.
失業の認定は、求職の申込みを受けた公共職業安定所において、受給資格者が離職後最初に出頭した日から起算して四週間に一回ずつ直前の二十八日の各日について行うものとする。ただし、厚生労働大臣は、公共職業安定所長の指示した公共職業訓練等(国、都道府県及び市町村並びに独立行政法人高齢・障害・求職者雇用支援機構が設置する公共職業能力開発施設の行う職業訓練(職業能力開発総合大学校の行うものを含む。)、職業訓練の実施等による特定求職者の就職の支援に関する法律(平成二十三年法律第四十七号)第四条第二項に規定する認定職業訓練(厚生労働省令で定めるものを除く。)その他法令の規定に基づき失業者に対して作業環境に適応することを容易にさせ、又は就職に必要な知識及び技能を習得させるために行われる訓練又は講習であつて、政令で定めるものをいう。以下同じ。)を受ける受給資格者その他厚生労働省令で定める受給資格者に係る失業の認定について別段の定めをすることができる。
Notwithstanding the provisions of the preceding two paragraphs, if a qualified recipient falls under any of the following items, the recipient may obtain the recognition of unemployment by submitting a certificate in which the reason that they were unable to make an appearance at the Public Employment Security Office is stated, as prescribed by Order of the Ministry of Health, Labour and Welfare:
when the recipient was unable to make an appearance at the Public Employment Security Office due to disease or injury and the period thereof has been less than 15 consecutive days;
疾病又は負傷のために公共職業安定所に出頭することができなかつた場合において、その期間が継続して十五日未満であるとき。
when the recipient was unable to make an appearance at the Public Employment Security Office on account of undergoing an interview with a job offerer to whom they were referred to by the Public Employment Security Office;
公共職業安定所の紹介に応じて求人者に面接するために公共職業安定所に出頭することができなかつたとき。
when the recipient was unable to make an appearance at the Public Employment Security Office on account of receiving public vocational training, etc., designated by the Chief of the Public Employment Security Office; or
公共職業安定所長の指示した公共職業訓練等を受けるために公共職業安定所に出頭することができなかつたとき。
when the recipient was unable to make an appearance at the Public Employment Security Office on account of a natural disaster or other unavoidable reasons.
天災その他やむを得ない理由のために公共職業安定所に出頭することができなかつたとき。
The recognition of unemployment is to be given by confirming that the qualified recipient has carried out job-seeking activities, such as undergoing an interview with a job offerer, having been referred to employment by or having received vocational guidance from the Public Employment Security Office and other employment security agencies or employment placement service providers, etc., as prescribed by Order of the Ministry of Health, Labour and Welfare.
Article 16Daily Amount of the Basic Allowance
第十六条(基本手当の日額)
The daily amount of the basic allowance is to be an amount obtained by multiplying the daily amount of wages by 50 percent (for daily amount of wages of 2,460 yen or more and less than 4,920 yen (when the amount has been changed pursuant to the provisions of Article 18, the changed amount), 80 percent; and for daily amount of wages of 4,920 yen or more and 12,090 yen or less (when the amount has been changed pursuant to the provisions of Article 18, the changed amount), the percentage specified by Order of the Ministry of Health, Labour and Welfare, gradually decreasing within the range of 80 percent to 50 percent, in accordance with the increase in the daily amount of wages).
With regard to the application of the provisions of the preceding paragraph to qualified recipients who are 60 years old or older and under 65 years old on the day of separation from service pertaining to their recipient qualification, the term "50 percent" in the same paragraph is deemed to be replaced with "45 percent" and the phrase "4,920 yen or more and 12,090 yen or less" is deemed to be replaced with "4,920 yen or more and 10,880 yen or less."
Article 17Daily Amount of Wages
第十七条(賃金日額)
The daily amount of wages is to be the amount obtained by dividing by 180 the total amount of wages (excluding wages paid temporarily and wages paid for each period exceeding three months; the same applies in the following paragraph, Section 6 and the following Chapter) paid during the last six months in the period for calculation that have been counted as the insured period under the provisions of Article 14 (excluding the proviso of paragraph (1)).
In the case where the amount calculated under the provisions of the preceding paragraph is less than the amount listed in each of the following items, the daily amount of wages is to be the amount listed in the respective items, notwithstanding the provisions of the preceding paragraph:
in the case where wages are calculated by the days or hours worked, or are determined on a piece-rate or other contract systems, the amount equivalent to 70 percent of the amount obtained by dividing the total amount of wages paid during the last six months prescribed in the preceding paragraph by the number of days worked during the last six months; and
in the case where a portion of wages is fixed by the month, the week or any other set period, the total of the amount obtained by dividing the total sum of the portion by the number of days in that period (where a portion of wages is fixed by the month, a month is regarded as 30 days for the calculation) and the amount listed in the preceding item.
When it is difficult to calculate the daily amount of wages pursuant to the provisions of the preceding two paragraphs or when it is found inappropriate to consider the amount calculated pursuant to the provisions of the preceding two paragraphs to be the daily amount of wages, the amount calculated as specified by the Minister of Health, Labour and Welfare is to be the daily amount of wages.
前二項の規定により賃金日額を算定することが困難であるとき、又はこれらの規定により算定した額を賃金日額とすることが適当でないと認められるときは、厚生労働大臣が定めるところにより算定した額を賃金日額とする。
Notwithstanding the provisions of the preceding three paragraphs, in the case where the daily amount of wages calculated under these provisions is less than the amount listed in item (i), the amount listed therein, and in the case where such daily amount of wages exceeds the amount listed in item (ii), the amount listed therein, is to be the daily amount of wages, respectively:
the amount of 2,460 yen (when the amount has been changed pursuant to the provisions of the following Article, the changed amount);
二千四百六十円(その額が次条の規定により変更されたときは、その変更された額)
the amounts specified in the following sub-items (a) through (d) in accordance with the classification of qualified recipients listed in those sub-items (a) through (d) (when these amounts have been changed pursuant to the provisions of the following Article, the changed amounts, respectively):
次のイからニまでに掲げる受給資格者の区分に応じ、当該イからニまでに定める額(これらの額が次条の規定により変更されたときは、それぞれその変更された額)
a qualified recipient who is 60 years old or older and under 65 years old on the day of separation from service pertaining to recipient qualification:15,590 yen;
受給資格に係る離職の日において六十歳以上六十五歳未満である受給資格者 一万五千五百九十円
a qualified recipient who is 45 years old or older and under 60 years old on the day of separation from service pertaining to recipient qualification:16,340 yen;
受給資格に係る離職の日において四十五歳以上六十歳未満である受給資格者 一万六千三百四十円
a qualified recipient who is 30 years old or older and under 45 years old on the day of separation from service pertaining to recipient qualification:14,850 yen; and
受給資格に係る離職の日において三十歳以上四十五歳未満である受給資格者 一万四千八百五十円
a qualified recipient who is under 30 years old on the day of separation from service pertaining to recipient qualification:13,370 yen.
受給資格に係る離職の日において三十歳未満である受給資格者 一万三千三百七十円
第十八条(基本手当の日額の算定に用いる賃金日額の範囲等の自動的変更)
When the average earnings (meaning the average amount earned per worker calculated as prescribed by Order of the Ministry of Health, Labour and Welfare, based on the average regular earnings for workers indicated in the Monthly Labor Statistics compiled by the Ministry of Health, Labour and Welfare, the same applies hereinafter) for a fiscal year (meaning April 1 to March 31 of the following year, the same applies hereinafter) have either exceeded or fallen below the average earnings for the fiscal year starting on April 1, 2015 (when the amount subject to automatic changing has been changed pursuant to the provisions of this Article, the fiscal year preceding the fiscal year when the latest change was implemented), the Minister of Health, Labour and Welfare must change the amount subject to automatic changing applicable from August 1 of the following fiscal year in accordance with the percentage of the increase or decrease.
厚生労働大臣は、年度(四月一日から翌年の三月三十一日までをいう。以下同じ。)の平均給与額(厚生労働省において作成する毎月勤労統計における労働者の平均定期給与額を基礎として厚生労働省令で定めるところにより算定した労働者一人当たりの給与の平均額をいう。以下同じ。)が平成二十七年四月一日から始まる年度(この条の規定により自動変更対象額が変更されたときは、直近の当該変更がされた年度の前年度)の平均給与額を超え、又は下るに至つた場合においては、その上昇し、又は低下した比率に応じて、その翌年度の八月一日以後の自動変更対象額を変更しなければならない。
If there is a fractional amount of one to four yen in the amount subject to automatic changing which was changed pursuant to the provisions of the preceding paragraph, the amount is to be rounded down to the nearest ten yen, and a fractional amount of five to nine yen is to be rounded up to the nearest ten yen.
Of the amounts subject to automatic changing applicable from August 1 of each fiscal year as calculated based on the provisions of the preceding two paragraphs, any amount that does not reach the minimum daily wage amount (meaning the amount calculated by the calculation method specified by Order of the Ministry of Health, Labour and Welfare based on the amount of the regional minimum wage (meaning the regional minimum wage prescribed in Article 9, paragraph (1) of the Minimum Wage Act (Act No. 137 of 1959)) in effect on April 1 of that fiscal year) is to be that minimum daily wage amount from August 1 of that fiscal year.
前二項の規定に基づき算定された各年度の八月一日以後に適用される自動変更対象額のうち、最低賃金日額(当該年度の四月一日に効力を有する地域別最低賃金(最低賃金法(昭和三十四年法律第百三十七号)第九条第一項に規定する地域別最低賃金をいう。)の額を基礎として厚生労働省令で定める算定方法により算定した額をいう。)に達しないものは、当該年度の八月一日以後、当該最低賃金日額とする。
"The amount subject to automatic changing" referred to in the preceding three paragraphs means the amounts used in calculating the daily amount of the basic allowance pursuant to the provisions of Article 16, paragraph (1) (including as applied pursuant to paragraph (2) of the same Article, following the deemed replacement of terms), being the daily wage in the scope of 2,460 yen or more and less than 4,920 yen, which is multiplied by 80 percent pursuant to the provisions of paragraph (1) of the same Article and the daily wage in the scope of 4,920 yen or more and 12,090 yen or less, which is multiplied by a rate from 80 percent to 50 percent pursuant to the provisions of the same paragraph and the amounts listed in each item of paragraph (4) of the preceding Article.
If a qualified recipient has earned an income through labor during a period for which the recipient has obtained the recognition of unemployment, payment of the basic allowance for the number of days on which the income have been based (hereinafter referred to as the "number of basis days" in this paragraph) is as specified by the following provisions:
受給資格者が、失業の認定に係る期間中に自己の労働によつて収入を得た場合には、その収入の基礎となつた日数(以下この項において「基礎日数」という。)分の基本手当の支給については、次に定めるところによる。
when the total of the amount obtained by deducting 1,282 yen (when the amount has been revised pursuant to the provisions of the following paragraph, the revised amount; referred to as the "amount of deduction" in that paragraph), from the amount equivalent to the amount of income for one day (meaning the amount obtained by dividing the total income by the number of basis days) and adding the daily amount of the basic allowance (referred to as the "total amount" in the following item) does not exceed an amount equivalent to 80 percent of the daily amount of wages:the amount obtained by multiplying the daily amount of the basic allowance by the number of basis days is to be paid;
when the total amount exceeds an amount equivalent to 80 percent of the daily amount of wages (excluding cases falling under the following item):the amount obtained by multiplying the remainder after deducting the excess amount (referred to as "the excess" in the following item) from the daily amount of the basic allowance by the number of basis days is to be paid; and
when the excess is more than the daily amount of the basic allowance:the basic allowance for the number of basis days is not to be paid.
超過額が基本手当の日額以上であるとき 基礎日数分の基本手当を支給しない。
When the average earnings for the fiscal year have exceeded or fallen below the average earnings for the fiscal year starting on April 1, 2015 (when the amount of deduction has been changed pursuant to the provisions of this paragraph, the fiscal year preceding the fiscal year when the latest change was implemented), the Minister of Health, Labour and Welfare must change the amount of deduction applicable from August 1 of the following fiscal year in accordance with the percentage of the increase or decrease.
When a qualified recipient has earned an income through labor during a period for which the recipient has obtained the recognition of unemployment, they must submit a notification on the amount of income and other matters to the chief of the Public Employment Security Office, as prescribed by Order of the Ministry of Health, Labour and Welfare.
受給資格者は、失業の認定を受けた期間中に自己の労働によつて収入を得たときは、厚生労働省令で定めるところにより、その収入の額その他の事項を公共職業安定所長に届け出なければならない。