If a general employer with 300 or less regularly employed workers that is a member of an approved employer organization for small and medium-sized enterprises (referred to below as a "small and medium-sized employer" in this and the following paragraph) commissions the recruitment of workers required for the implementation of the measures to support raising next-generation children through that approved employer organization, and if that approved employer organization intends to engage in the relevant recruitment process, the provisions of Article 36, paragraphs (1) and (3) of the Employment Security Act (Act No. 141 of 1947) do not apply to the small and medium-sized employer that is a member of that approved employer organization.
The term "approved employer organization for small and medium-sized enterprises" as used in this and the following Article means a business cooperative, a federation of cooperatives, or any other cooperative or federation of cooperatives established under special acts, as specified by Order of the Ministry of Health, Labour and Welfare, or a general incorporated association comprising of small and medium-sized employers as its direct or indirect members (limited to an association that meets the requirements prescribed by Order of the Ministry of Health, Labour and Welfare; referred to below as a "business cooperative, etc." in this paragraph), which has been certified by the Minister of Health, Labour and Welfare, based on an application from the business cooperative, etc. and in accordance with the standards specified by the Minister as an organization that provides consultations and assistance to a small and medium-sized employer that is a member of that business cooperative, etc. with regard to securing human resources for the measures to support raising next-generation children.
When the Minister of Health, Labour and Welfare finds that an approved employer organization for small and medium-sized enterprises is no longer suitable to provide the consultations and assistance stated in the preceding paragraph, the Minister may revoke the certification stated in that paragraph.
When an approved employer organization for small and medium-sized enterprises intends to engage in the relevant recruitment process, the organization, as provided for by Order of the Ministry of Health, Labour and Welfare, must notify the Minister of Health, Labour and Welfare of the recruitment period, the number of persons to be recruited, the recruitment area, and other matters related to the recruitment of workers as specified by Order of the Ministry of Health, Labour and Welfare.
承認中小事業主団体は、当該募集に従事しようとするときは、厚生労働省令で定めるところにより、募集時期、募集人員、募集地域その他の労働者の募集に関する事項で厚生労働省令で定めるものを厚生労働大臣に届け出なければならない。
The provisions of Article 37, paragraph (2) of the Employment Security Act apply mutatis mutandis to cases in which a notification under the preceding paragraph has been received; the provisions of Article 5-3, paragraphs (1) and (4), Article 5-4, paragraphs (1) and (2), Article 5-5, Article 39, Article 41, paragraph (2), Article 42, Article 48-3, paragraph (1), Article 48-4, Article 50, paragraphs (1) and (2), and Article 51 of that Act apply mutatis mutandis to a person who engages in recruitment of workers upon submitting a notification under the preceding paragraph; the provisions of Article 40 of that Act apply mutatis mutandis to providing compensation for a person who engages in recruitment of workers upon submitting a notification under the preceding paragraph; and the provisions of Article 50, paragraphs (3) and (4) of that Act apply mutatis mutandis to cases where the authority prescribed in paragraph (2) of that Article, as applied mutatis mutandis pursuant to this paragraph, is exercised. In this case, the term "person seeking to conduct worker recruitment" in Article 37, paragraph (2) of that Act is deemed to be replaced with "person seeking to engage in recruitment of workers upon submitting a notification under Article 16, paragraph (4) of the Act on Advancement of Measures to Support Raising Next-Generation Children (Act No. 120 of 2003)"; and the term "order the discontinuance of the worker recruitment operations, or order the suspension thereof for a designated period" in Article 41, paragraph (2) of that Act is deemed to be replaced with "order the suspension of the worker recruitment operations for a designated period."
職業安定法第三十七条第二項の規定は前項の規定による届出があった場合について、同法第五条の三第一項及び第四項、第五条の四第一項及び第二項、第五条の五、第三十九条、第四十一条第二項、第四十二条、第四十八条の三第一項、第四十八条の四、第五十条第一項及び第二項並びに第五十一条の規定は前項の規定による届出をして労働者の募集に従事する者について、同法第四十条の規定は同項の規定による届出をして労働者の募集に従事する者に対する報酬の供与について、同法第五十条第三項及び第四項の規定はこの項において準用する同条第二項に規定する職権を行う場合について準用する。この場合において、同法第三十七条第二項中「労働者の募集を行おうとする者」とあるのは「次世代育成支援対策推進法（平成十五年法律第百二十号）第十六条第四項の規定による届出をして労働者の募集に従事しようとする者」と、同法第四十一条第二項中「当該労働者の募集の業務の廃止を命じ、又は期間」とあるのは「期間」と読み替えるものとする。
With regard to the application of the provisions of Article 36, paragraph (2) and Article 42-2 of the Employment Security Act, the term "referred to in the preceding paragraph" in Article 36, paragraph (2) of that Act is deemed to be replaced with "that a person who intends to have a person other than their employee engage in recruitment of workers intends to give to that person" and the term "commissioned recruiters provided in Article 39" in Article 42-2 of that Act is deemed to be replaced with "persons who engage in recruitment of workers upon submitting a notification as prescribed in Article 16, paragraph (4) of the Act on Advancement of Measures to Support Raising Next-Generation Children", and the term "said paragraph" is deemed to be replaced with "following paragraph."
職業安定法第三十六条第二項及び第四十二条の二の規定の適用については、同法第三十六条第二項中「前項の」とあるのは「被用者以外の者をして労働者の募集に従事させようとする者がその被用者以外の者に与えようとする」と、同法第四十二条の二中「第三十九条に規定する募集受託者」とあるのは「次世代育成支援対策推進法第十六条第四項の規定による届出をして労働者の募集に従事する者」と、「同項に」とあるのは「次項に」とする。
The Minister of Health, Labour and Welfare may request the approved employer organization for small and medium-sized enterprises to submit a report on the status of the provision of the consultations and assistance referred to in paragraph (2).
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