Ordinance for Enforcement of the Act on the Collection, etc. of Insurance Premiums of Labor Insurance
労働保険の保険料の徴収等に関する法律施行規則
Contents
Read it chapter by chapter; the first chapter follows below. Or read the whole law on one page.
- Chapter I General Provisions第一章 総則Articles 1–3 · 3
- Chapter II Establishment and Extinction of Insurance Relation第二章 保険関係の成立及び消滅Articles 4–10 · 7
- Chapter III Procedures for Payment of Labor Insurance Premiums第三章 労働保険料の納付の手続等Articles 11–61 · 68
- Chapter IV Labor Insurance Administrative Affairs Association第四章 労働保険事務組合Articles 62–69 · 8
- Chapter V Miscellaneous Provisions第五章 雑則Articles 70–80 · 11
Pursuant to the provisions of the Act on the Collection, etc. of Insurance Premiums of Labor Insurance (Act No. 84 of 1969), and in order to implement that Act, the Ordinance for Enforcement of the Act on the Collection, etc. of Insurance Premiums of Labor Insurance is established as follows.
労働保険の保険料の徴収等に関する法律（昭和四十四年法律第八十四号）の規定に基づき、及び同法を実施するため、労働保険の保険料の徴収等に関する法律施行規則を次のように定める。
Chapter I General Provisions
第一章 総則
Article 1Jurisdiction over Affairs
第一条（事務の所轄）
The affairs concerning labor insurance under the provisions of the Act on the Collection, etc. of Insurance Premiums of Labor Insurance (Act No. 84 of 1969; hereinafter referred to as the "Act") (hereinafter referred to as "labor insurance-related affairs") are to be conducted by the Director of the Prefectural Labor Bureau, the Director of the Labor Standards Office and the Chief of the Public Employment Security Office in accordance with the following classification, except for the affairs concerning refunds under Article 19, paragraph (6) and Article 20, paragraph (3) of the Act that are conducted by a disbursing officer (meaning a disbursing officer prescribed in Article 1, item (ii) of the Order on Budgets, Settlement of Accounts and Accounting (Imperial Ordinance No. 165 of 1947); the same applies hereinafter) pursuant to the provisions of Article 36:
労働保険の保険料の徴収等に関する法律（昭和四十四年法律第八十四号。以下「法」という。）の規定による労働保険に関する事務（以下「労働保険関係事務」という。）は、第三十六条の規定により官署支出官（予算決算及び会計令（昭和二十二年勅令第百六十五号）第一条第二号に規定する官署支出官をいう。以下同じ。）が行う法第十九条第六項及び第二十条第三項の規定による還付金の還付に関する事務を除き、次の区分に従い、都道府県労働局長並びに労働基準監督署長及び公共職業安定所長が行う。
Labor insurance-related affairs (excluding the affairs prescribed in the following paragraph and paragraph (3)): the Director of the Prefectural Labor Bureau having jurisdiction over the location of the workplace (hereinafter referred to as the "Director of the Prefectural Labor Bureau Concerned");
Among the affairs referred to in the preceding item, those that relate to a business referred to in paragraph (3), item (i) and those that relate solely to the insurance relation pertaining to industrial accident compensation insurance (hereinafter referred to as "industrial accident insurance"), the affairs under the provisions of this Ministerial Order: the Director of the Labor Standards Office having jurisdiction over the location of the workplace (hereinafter referred to as the "Director of the Labor Standards Office Concerned");
Among the affairs referred to in item (i), those that relate to a business referred to in paragraph (3), item (ii) and those that relate solely to the insurance relation pertaining to employment insurance, the affairs under the provisions of this Ministerial Order: the Chief of the Public Employment Security Office having jurisdiction over the location of the workplace (hereinafter referred to as the "Chief of the Public Employment Security Office Concerned").
Among the labor insurance-related affairs, the affairs under Article 33, paragraphs (2), (3) and (4) of the Act are to be conducted by the Director of the Prefectural Labor Bureau having jurisdiction over the location of the principal office of an employers' association or federation thereof, or of a labor insurance administrative affairs association.
Among the labor insurance-related affairs, the affairs concerning the collection of the following labor insurance premiums and the amounts to be collected pertaining thereto are to be conducted by the Labor Insurance Special Account Revenue Collecting Officer of the Prefectural Labor Bureau having jurisdiction over the location of the workplace (hereinafter referred to as the "Revenue Collecting Officer of the Prefectural Labor Bureau Concerned"):
労働保険関係事務のうち、次の労働保険料及びこれに係る徴収金の徴収に関する事務は、事業場の所在地を管轄する都道府県労働局労働保険特別会計歳入徴収官（以下「所轄都道府県労働局歳入徴収官」という。）が行う。
The affairs concerning the collection of general insurance premiums for a business other than a business prescribed in Article 39, paragraph (1) of the Act (hereinafter referred to as a "unified application business") that does not entrust to a labor insurance administrative affairs association the processing of the payment of labor insurance premiums and other matters concerning labor insurance under Article 33, paragraph (1) of the Act (excluding matters concerning stamp insurance premiums; hereinafter referred to as "labor insurance administrative affairs"), and for a business to which the provisions of Article 39, paragraph (1) of the Act pertain among the businesses for which the insurance relation pertaining to industrial accident insurance has been established, of Class I special enrollment insurance premiums, Class II special enrollment insurance premiums and Class III special enrollment insurance premiums for a business to which the provisions of that paragraph pertain among the businesses for which the insurance relation pertaining to industrial accident insurance has been established, and of the amounts to be collected pertaining thereto;
The affairs concerning the collection of general insurance premiums for a unified application business that entrusts the processing of labor insurance administrative affairs to a labor insurance administrative affairs association, and for a business to which the provisions of Article 39, paragraph (1) of the Act pertain among the businesses for which the insurance relation pertaining to employment insurance has been established, of Class I special enrollment insurance premiums for a unified application business, of stamp insurance premiums, of special payment insurance premiums, and of the amounts to be collected pertaining thereto.
Article 2Direction and Supervision
第二条（指揮監督）
The Director of the Prefectural Labor Bureau is to be subject to the direction and supervision of the Minister of Health, Labour and Welfare with respect to the affairs listed in paragraph (1), item (i) of the preceding Article and in paragraph (2) of that Article, and the affairs concerning the direction and supervision of the Directors of the Labor Standards Offices and the Chiefs of the Public Employment Security Offices under the following paragraph and paragraph (3).
The Director of the Labor Standards Office is to be subject to the direction and supervision of the Director of the Prefectural Labor Bureau with respect to the affairs listed in paragraph (1), item (ii) of the preceding Article.
労働基準監督署長は、前条第一項第二号に掲げる事務については、都道府県労働局長の指揮監督を受けるものとする。
The Chief of the Public Employment Security Office is to be subject to the direction and supervision of the Director of the Prefectural Labor Bureau with respect to the affairs listed in paragraph (1), item (iii) of the preceding Article.
公共職業安定所長は、前条第一項第三号に掲げる事務については、都道府県労働局長の指揮監督を受けるものとする。
Article 3Scope and Valuation of Wages Paid in a Form Other than Currency
第三条（通貨以外のもので支払われる賃金の範囲及び評価）
The scope of wages paid in a form other than currency that are to be included in the wages under Article 2, paragraph (2) of the Act is, in addition to the benefits of meals, clothing and housing, as determined by the Director of the Labor Standards Office Concerned or the Chief of the Public Employment Security Office Concerned.
法第二条第二項の賃金に算入すべき通貨以外のもので支払われる賃金の範囲は、食事、被服及び住居の利益のほか、所轄労働基準監督署長又は所轄公共職業安定所長の定めるところによる。
labor insurance-related affairsmachine translation
「労働保険関係事務」
The work concerning labor insurance (労働保険) under the Act on the Collection, etc. of Insurance Premiums of Labor Insurance, which Article 1 divides among the Directors of Prefectural Labor Bureaus (都道府県労働局長), the Chiefs of Labor Standards Inspection Offices (労働基準監督署長) and the Chiefs of Public Employment Security Offices (公共職業安定所長), apart from the refunds a disbursing officer (官署支出官) makes under Article 36.
Short name set inArticle 1, paragraph (1)
disbursing officermachine translation
「官署支出官」
As defined in Article 1, item (ii) of the Imperial Ordinance on budgets, settlement of accounts and accounting (予算決算及び会計令, Imperial Ordinance No. 165 of 1947): a government official to whom the head of a ministry has delegated the decision to pay out expenditure (支出の決定) under Article 40, paragraph (1), item (i) of that Ordinance; under Article 36 such an officer refunds labor insurance premiums (労働保険料) paid in excess.
Defined inArticle 1, paragraph (1)
the Director of the Prefectural Labor Bureau Concernedmachine translation
「所轄都道府県労働局長」
The Director of the Prefectural Labor Bureau (都道府県労働局長) with jurisdiction over where the workplace is located.
Short name set inArticle 1, paragraph (1), item (i)
industrial accident insurancemachine translation
「労災保険」
The industrial accident compensation insurance provided under the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947), which together with employment insurance (雇用保険) makes up labor insurance (労働保険).
Short name set inArticle 1, paragraph (1), item (ii)
the Director of the Labor Standards Office Concernedmachine translation
「所轄労働基準監督署長」
The head of the labor standards inspection office with jurisdiction over where the workplace is located.
Short name set inArticle 1, paragraph (1), item (ii)
the Chief of the Public Employment Security Office Concernedmachine translation
「所轄公共職業安定所長」
The Chief of the Public Employment Security Office (公共職業安定所長) with jurisdiction over where the workplace is located.
Short name set inArticle 1, paragraph (1), item (iii)
the Revenue Collecting Officer of the Prefectural Labor Bureau Concernedmachine translation
「所轄都道府県労働局歳入徴収官」
The Labor Insurance Special Account (労働保険特別会計) revenue collecting officer (歳入徴収官) of the Prefectural Labor Bureau (都道府県労働局) with jurisdiction over where the workplace is located, who collects the labor insurance premiums (労働保険料) and related amounts listed in Article 1, paragraph (3).
Short name set inArticle 1, paragraph (3)
unified application businessmachine translation
「一元適用事業」
A business other than those listed in Article 39, paragraph (1) of the Act on the Collection, etc. of Insurance Premiums of Labor Insurance — the services of prefectures and municipalities and the other businesses an Order sets, which that Act treats as a separate business for each insurance relation (保険関係) — so that its industrial accident insurance (労災保険) and employment insurance (雇用保険) are dealt with together.
Short name set inArticle 1, paragraph (3), item (i)
labor insurance administrative affairsmachine translation
「労働保険事務」
The payment of labor insurance premiums (労働保険料) and the other labor insurance (労働保険) matters an employer has to handle, other than those concerning stamp insurance premiums (印紙保険料), which a labor insurance administrative affairs association (労働保険事務組合) can handle for the employers who entrust them to it under Article 33, paragraph (1) of the Act on the Collection, etc. of Insurance Premiums of Labor Insurance.
Short name set inArticle 1, paragraph (3), item (i)
director of a labor standards inspection office
労働基準監督署長
The head of a labor standards inspection office (労働基準監督署), one of the offices under each prefectural labor bureau (都道府県労働局) that carry out the Labor Standards Act (Labor Standards Act, Article 97, paragraph (1), and Article 99, paragraph (2)). The director is appointed from among labor standards inspectors (Article 97, paragraph (2)) and, directed and supervised by the director of the prefectural labor bureau (都道府県労働局長), administers the inspections (臨検), questioning (尋問), approvals (許可), investigations (審査) and other matters of carrying out that Act, and directs and supervises the office's staff (Article 99, paragraphs (2) and (3)). Under the Act on Ensuring Wage Payment, where an employer holds its workers' savings as deposits but has not taken the measures to protect them that Article 3 requires (保全措置), the director can order it to put that right by a deadline the director sets (Act on Ensuring Wage Payment, Articles 3 and 4). For the workers a Ministerial Order (厚生労働省令) names, the director confirms the amount of their unpaid wages and other matters before the government pays part of those wages in the employer's place (Article 7), and may send staff into the employer's workplace to question people and inspect books and documents to make that confirmation (Article 13, paragraph (2)). The director is also one of the officials a worker can report the employer's violations to (Article 14, paragraph (1)).
Written by AI using Labor Standards Act, Arts. 97, 99 and Act on Ensuring Wage Payment, Arts. 3, 4, 7, 13, 14 as a reference.
director of a prefectural labor bureau
都道府県労働局長
The head of a prefectural labor bureau (都道府県労働局), a local branch (地方支分部局) of the Ministry of Health, Labour and Welfare, so part of the national government rather than of the prefecture (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 17; National Government Organization Act, Article 9). The post is filled by a labor standards inspector (労働基準監督官) (Labor Standards Act, Article 97, paragraph (2)). Under the Labor Standards Act, the director, directed and supervised by the head of the Ministry's Labor Standards Management Bureau (労働基準主管局長), directs and supervises the directors of the labor standards inspection offices (労働基準監督署長) in the bureau's area, handles the carrying out of that Act, such as coordinating how inspection is done, and directs and supervises the bureau's staff; the director may also exercise the powers of the authorities below (下級官庁) directly, or have the bureau's labor standards inspectors exercise them (Labor Standards Act, Article 97, paragraph (1), and Article 99, paragraphs (2) and (4)). The heads of public employment security offices (公共職業安定所長) run their offices under the director's direction and supervision (Employment Security Act, Article 8, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Art. 17, National Government Organization Act, Art. 9, Labor Standards Act, Arts. 97, 99 and Employment Security Act, Art. 8 as a reference.