A labor and social security attorney engages, as a business, in the performance of the affairs listed in the following items:
社会保険労務士は、次の各号に掲げる事務を行うことを業とする。
To prepare a written application, etc. (meaning a written application, notification, report, request for review, request for re-examination, or other document to be submitted to an administrative organ, etc. (including an electronic or magnetic record (meaning a record made in an electronic form, a magnetic form, or any other form not perceivable by human senses, that is used for information processing by computers; the same applies hereinafter) where such a record is prepared in lieu of preparing the document); the same applies hereinafter) on the basis of the laws and regulations concerning labor and social insurance listed in Appended Table 1 (hereinafter referred to as the "labor and social insurance laws and regulations");
別表第一に掲げる労働及び社会保険に関する法令（以下「労働社会保険諸法令」という。）に基づいて申請書等（行政機関等に提出する申請書、届出書、報告書、審査請求書、再審査請求書その他の書類（その作成に代えて電磁的記録（電子的方式、磁気的方式その他人の知覚によつては認識できない方式で作られる記録であつて、電子計算機による情報処理の用に供されるものをいう。以下同じ。）を作成する場合における当該電磁的記録を含む。）をいう。以下同じ。）を作成すること。
To perform, on behalf of another, the procedures for the submission of a written application, etc.;
申請書等について、その提出に関する手続を代わつてすること。
To represent another in respect of an application, notification, report, request for review, request for re-examination, or other matter based on the labor and social insurance laws and regulations (limited to those specified by Order of the Ministry of Health, Labour and Welfare; hereinafter in this item referred to as an "application, etc."), or in respect of an assertion or statement (excluding those specified by Order of the Ministry of Health, Labour and Welfare) made to the administrative organ, etc. concerned in relation to an investigation or disposition by that administrative organ, etc. concerning that application, etc. (referred to as "administrative representation" in Article 25-2, paragraph (1));
労働社会保険諸法令に基づく申請、届出、報告、審査請求、再審査請求その他の事項（厚生労働省令で定めるものに限る。以下この号において「申請等」という。）について、又は当該申請等に係る行政機関等の調査若しくは処分に関し当該行政機関等に対してする主張若しくは陳述（厚生労働省令で定めるものを除く。）について、代理すること（第二十五条の二第一項において「事務代理」という。）。
To represent the parties to a dispute in the mediation procedures under Article 5, paragraph (1) of the Act on Promoting the Resolution of Individual Labor-Related Disputes (Act No. 112 of 2001) before the dispute coordinating committee under Article 6, paragraph (1) of that Act, and in the conciliation procedures under Article 74-7, paragraph (1) of the Act to Facilitate the Employment of Persons with Disabilities (Act No. 123 of 1960), Article 37, paragraph (1) of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives (Act No. 132 of 1966), Article 24, paragraph (1) of the Act on Equal Opportunity and Treatment between Men and Women in Employment (Act No. 113 of 1972), Article 47-8, paragraph (1) of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Act No. 88 of 1985), Article 52-5, paragraph (1) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No. 76 of 1991), and Article 25, paragraph (1) of the Act on Improvement of Personnel Management and Conversion of Employment Status for Part-Time Workers and Fixed-Term Workers (Act No. 76 of 1993);
個別労働関係紛争の解決の促進に関する法律（平成十三年法律第百十二号）第六条第一項の紛争調整委員会における同法第五条第一項のあつせんの手続並びに障害者の雇用の促進等に関する法律（昭和三十五年法律第百二十三号）第七十四条の七第一項、労働施策の総合的な推進並びに労働者の雇用の安定及び職業生活の充実等に関する法律（昭和四十一年法律第百三十二号）第三十七条第一項、雇用の分野における男女の均等な機会及び待遇の確保等に関する法律（昭和四十七年法律第百十三号）第二十四条第一項、労働者派遣事業の適正な運営の確保及び派遣労働者の保護等に関する法律（昭和六十年法律第八十八号）第四十七条の八第一項、育児休業、介護休業等育児又は家族介護を行う労働者の福祉に関する法律（平成三年法律第七十六号）第五十二条の五第一項及び短時間労働者及び有期雇用労働者の雇用管理の改善等に関する法律（平成五年法律第七十六号）第二十五条第一項の調停の手続について、紛争の当事者を代理すること。
To represent the parties to a dispute in the mediation procedures concerning an individual labor-related dispute (meaning an individual labor-related dispute prescribed in Article 1 of the Act on Promoting the Resolution of Individual Labor-Related Disputes (excluding a dispute that constitutes a labor dispute prescribed in Article 6 of the Labor Relations Adjustment Act (Act No. 25 of 1946), a dispute prescribed in Article 26, paragraph (1) of the Act on Labor Relations of Agency Engaged in Administrative Execution (Act No. 257 of 1948), and a dispute concerning matters relating to the recruitment and hiring of workers); hereinafter simply referred to as an "individual labor-related dispute") that a prefectural labor relations commission conducts upon delegation from the prefectural governor based on the provisions of Article 180-2 of the Local Autonomy Act (Act No. 67 of 1947);
地方自治法（昭和二十二年法律第六十七号）第百八十条の二の規定に基づく都道府県知事の委任を受けて都道府県労働委員会が行う個別労働関係紛争（個別労働関係紛争の解決の促進に関する法律第一条に規定する個別労働関係紛争（労働関係調整法（昭和二十一年法律第二十五号）第六条に規定する労働争議に当たる紛争及び行政執行法人の労働関係に関する法律（昭和二十三年法律第二百五十七号）第二十六条第一項に規定する紛争並びに労働者の募集及び採用に関する事項についての紛争を除く。）をいう。以下単に「個別労働関係紛争」という。）に関するあつせんの手続について、紛争の当事者を代理すること。
To represent the parties to a dispute in a private dispute resolution procedure concerning an individual labor-related dispute (in the case where the value of the object of the dispute exceeds 1,200,000 yen, limited to a dispute that an attorney has accepted from the same client) (meaning a private dispute resolution procedure prescribed in Article 2, item (i) of the Act on Promotion of Use of Alternative Dispute Resolution (Act No. 151 of 2004); the same applies hereinafter in this Article) that is conducted by an organization designated by the Minister of Health, Labour and Welfare as an organization found capable of fairly and properly conducting the business of private dispute resolution procedures for individual labor-related disputes;
個別労働関係紛争（紛争の目的の価額が百二十万円を超える場合には、弁護士が同一の依頼者から受任しているものに限る。）に関する民間紛争解決手続（裁判外紛争解決手続の利用の促進に関する法律（平成十六年法律第百五十一号）第二条第一号に規定する民間紛争解決手続をいう。以下この条において同じ。）であつて、個別労働関係紛争の民間紛争解決手続の業務を公正かつ適確に行うことができると認められる団体として厚生労働大臣が指定するものが行うものについて、紛争の当事者を代理すること。
To prepare books and documents based on the labor and social insurance laws and regulations (including an electronic or magnetic record where such a record is prepared in lieu of preparing them, and excluding written applications, etc.);
To provide consultation or give guidance on personnel management and other matters relating to labor in business and on matters relating to social insurance based on the labor and social insurance laws and regulations (including auditing the status of compliance with laws and regulations relating to those matters, and with collective agreements, rules of employment and labor contracts).
事業における労務管理その他の労働に関する事項及び労働社会保険諸法令に基づく社会保険に関する事項について相談に応じ、又は指導すること（これらの事項に係る法令並びに労働協約、就業規則及び労働契約の遵守の状況を監査することを含む。）。
The business listed in item (i)-4 through item (i)-6 of the preceding paragraph (hereinafter referred to as "dispute resolution procedure representation business") may be conducted only by a labor and social security attorney who has passed the dispute resolution procedure representation business examination and has received an annotation under Article 14-11-3, paragraph (1) (hereinafter referred to as a "specified labor and social security attorney").
前項第一号の四から第一号の六までに掲げる業務（以下「紛争解決手続代理業務」という。）は、紛争解決手続代理業務試験に合格し、かつ、第十四条の十一の三第一項の規定による付記を受けた社会保険労務士（以下「特定社会保険労務士」という。）に限り、行うことができる。
Dispute resolution procedure representation business includes the following affairs:
紛争解決手続代理業務には、次に掲げる事務が含まれる。
To provide consultation concerning the mediation procedures and conciliation procedures set out in paragraph (1), item (i)-4, the mediation procedures set out in item (i)-5 of that paragraph, and the private dispute resolution procedures conducted by an organization designated by the Minister of Health, Labour and Welfare set out in item (i)-6 of that paragraph (hereinafter in this paragraph referred to as "dispute resolution procedures");
To conduct settlement negotiations during the period from the commencement to the conclusion of a dispute resolution procedure;
紛争解決手続の開始から終了に至るまでの間に和解の交渉を行うこと。
To conclude a contract the content of which is the agreement in a settlement reached through a dispute resolution procedure.
紛争解決手続により成立した和解における合意を内容とする契約を締結すること。
The affairs listed in the items of paragraph (1) do not include affairs the performance of which is restricted under other laws, or affairs relating to claims made, in respect of the costs of medical care benefits based on the labor and social insurance laws and regulations and benefits equivalent thereto, by persons in charge of providing those benefits.
labor and social insurance laws and regulationsmachine translation
「労働社会保険諸法令」
The laws and regulations on labor and social insurance listed in Appended Table 1 (別表第一), on which a labor and social security attorney's (社会保険労務士) work rests: the Acts listed there, some only in part — labor Acts such as the Labor Standards Act and social insurance Acts such as the Health Insurance Act and the National Pension Act — the orders made under them, and the Administrative Complaint Review Act as far as it concerns appeals under them.
Short name set inArticle 2, paragraph (1), item (i)
written application, etc.machine translation
「申請書等」
Applications, notifications, reports, requests for review, requests for re-examination and other documents submitted to administrative bodies (行政機関等), including an electronic or magnetic record (電磁的記録) made in place of such a document.
Defined inArticle 2, paragraph (1), item (i)
electronic or magnetic recordmachine translation
「電磁的記録」
A record made in electronic, magnetic or any other form people cannot perceive directly, for use in computer processing.
Defined inArticle 2, paragraph (1), item (i)
administrative representationmachine translation
「事務代理」
Acting for a client in an application, notification, report, request for review, request for re-examination or other matter under the labor and social insurance laws and regulations (労働社会保険諸法令) that an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) specifies, or in arguments or statements made to the government body concerned about its investigation or decision on such a matter, other than those such an Order excludes (Article 2, paragraph (1), item (i)-3).
Short name set inArticle 2, paragraph (1), item (i-3)· applies only in this provision and in Article 25-2, paragraph (1)
application, etc.machine translation
「申請等」
In Article 2, paragraph (1), item (i)-3, an application, notification, report, request for review, request for re-examination or other matter under the labor and social insurance laws and regulations (労働社会保険諸法令), limited to those an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) specifies.
Short name set inArticle 2, paragraph (1), item (i-3)· applies only in this item
individual labor-related disputemachine translation
「個別労働関係紛争」
A dispute between an individual worker and an employer over working conditions or other matters of the working relationship, as the Act on Promoting the Resolution of Individual Labor-Related Disputes defines it, but leaving out disputes over the recruitment and hiring of workers, labor disputes (労働争議) under Article 6 of the Labor Relations Adjustment Act, where the parties' claims clash and acts of dispute (争議行為) are happening or likely, and disputes between an agency engaged in administrative execution (行政執行法人) and its employees under Article 26, paragraph (1) of the Act on Labor Relations of Agency Engaged in Administrative Execution.
Short name set inArticle 2, paragraph (1), item (i-5)
private dispute resolution proceduremachine translation
「民間紛争解決手続」
In Article 2, an out-of-court procedure in which a private business, asked by both parties and under a contract with them, mediates a settlement of a civil dispute the parties are able to settle, as Article 2, item (i) of the Act on Promotion of Use of Alternative Dispute Resolution (Act No. 151 of 2004) defines it, leaving out the procedures, specified by Cabinet Order (政令), that a body designated under an Act conducts as its dispute resolution work under that Act.
Defined inArticle 2, paragraph (1), item (i-6)· applies only in this article
specified labor and social security attorneymachine translation
「特定社会保険労務士」
A labor and social security attorney (社会保険労務士) who has passed the dispute resolution procedure representation business examination (紛争解決手続代理業務試験) and has had that noted on the attorney's registration under Article 14-11-3, paragraph (1); only such an attorney may represent parties in the dispute resolution procedures listed in Article 2, paragraph (1), items (i)-4 to (i)-6.
Short name set inArticle 2, paragraph (2)
dispute resolution procedure representation businessmachine translation
「紛争解決手続代理業務」
Representing a party to a dispute in the conciliation (あつせん), mediation (調停) and private dispute resolution (民間紛争解決手続) procedures listed in Article 2, paragraph (1), items (i)-4 to (i)-6, including advising on those procedures, negotiating a settlement while they run and concluding the settlement agreement; only a specified labor and social security attorney (特定社会保険労務士) may do it.
Short name set inArticle 2, paragraph (2)
dispute resolution proceduremachine translation
「紛争解決手続」
In Article 2, paragraph (3), the conciliation (あつせん) and mediation (調停) procedures named in items (i)-4 and (i)-5 of paragraph (1), and the private dispute resolution procedures (民間紛争解決手続) of item (i)-6 conducted by a body the Minister of Health, Labour and Welfare designates.
Short name set inArticle 2, paragraph (3), item (i)· applies only in this paragraph
Labour Relations Commission
労働委員会
A commission made up of equal numbers of members representing employers, members representing workers and members representing the public interest (Labor Union Act, Article 19, paragraph (1)). There are two kinds: the Central Labour Relations Commission (中央労働委員会), set up under the Minister of Health, Labour and Welfare, and a Prefectural Labour Relations Commission (都道府県労働委員会) under each prefectural governor (Labor Union Act, Article 19, paragraph (2), Article 19-2, paragraph (1), and Article 19-12, paragraph (1)). The prefectural governor appoints a prefectural commission's members: the employers' members on the recommendation of employers' organizations, the workers' members on the recommendation of labor unions, and the public-interest members with the consent of the employers' members and the workers' members (Labor Union Act, Article 19-12, paragraph (3)). A commission has the power to examine unfair labor practice cases and to conciliate, mediate and arbitrate labor disputes (Labor Union Act, Article 20).
Written by AI using Labor Union Act, Arts. 19, 19-2, 19-12, 20 as a reference.
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.