Except in the cases prescribed in the following paragraph or paragraph (3), neither the Organization nor a mutual aid policyholder may cancel a specified-industry retirement allowance mutual aid contract.
機構又は共済契約者は、次項又は第三項に規定する場合を除いては、特定業種退職金共済契約を解除することができない。
The Organization is to cancel a specified-industry retirement allowance mutual aid contract in any of the following cases; provided, however, that this does not apply in a case falling under item (ii) where the approval of the Minister of Health, Labour and Welfare has been obtained in advance, as provided by Order of the Ministry of Health, Labour and Welfare.
機構は、次の各号の一に該当する場合には、特定業種退職金共済契約を解除するものとする。ただし、第二号に該当する場合であつて、厚生労働省令で定めるところにより、あらかじめ、厚生労働大臣の承認を受けたときは、この限りでない。
When a mutual aid policyholder fails to pay premiums, for a period specified by Order of the Ministry of Health, Labour and Welfare, in an amount equal to or exceeding the proportion specified by Order of the Ministry of Health, Labour and Welfare of the total amount of premiums to be paid during that period (excluding cases where there are justifiable grounds specified by Order of the Ministry of Health, Labour and Welfare);
共済契約者が、厚生労働省令で定める期間について、その期間中に納付すべき掛金の総額のうち厚生労働省令で定める割合に相当する額以上の掛金の納付を怠つたとき（厚生労働省令で定める正当な理由がある場合を除く。）。
When a mutual aid policyholder becomes an employer that is not a small and medium-sized enterprise;
When a mutual aid policyholder ceases to be an employer of a business belonging to the specified industry concerned.
A mutual aid policyholder may cancel a specified-industry retirement allowance mutual aid contract in any of the following cases.
共済契約者は、次の各号の一に該当する場合には、特定業種退職金共済契約を解除することができる。
When the consent of three-fourths or more of the covered employees has been obtained;
被共済者の四分の三以上の同意を得たとき。
When the Minister of Health, Labour and Welfare finds that it is extremely difficult to continue paying premiums.
掛金の納付を継続することが著しく困難であると厚生労働大臣が認めたとき。
Read this with the articles around it
small and medium-sized enterprisemachine translation
「中小企業者」
An employer (事業主) — other than the State, a local government or a similar body an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) names — that regularly employs no more than 300 employees, or is a corporation with stated capital or total contributions of no more than 300 million yen; where its main business is wholesale, the limits are 100 employees or 100 million yen, in services 100 employees or 50 million yen, and in retail 50 employees or 50 million yen.
Defined inArticle 2, paragraph (1)· applies throughout the law
the Organizationmachine translation
「機構」
The Organization for Workers' Retirement Allowance Mutual Aid (独立行政法人勤労者退職金共済機構), an incorporated administrative agency, throughout this Act except Articles 56 and 57.
Short name set inArticle 2, paragraph (3)· applies from here on, except in Articles 56 and 57
specified industrymachine translation
「特定業種」
Construction or another industry, designated by the Minister of Health, Labour and Welfare (厚生労働大臣), in which many employees normally move between the many businesses of that industry and are employed by their employers in turn.
Defined inArticle 2, paragraph (4)· applies throughout the law
specified-industry retirement allowance mutual aid contractmachine translation
「特定業種退職金共済契約」
A contract under which an employer (事業主) in a specified industry (特定業種) promises to pay premiums (掛金) to the Organization (機構), and the Organization promises to pay a retirement allowance (退職金), as this Act provides, when a person leaves who is employed by that employer for a fixed term and normally works in that industry.
Defined inArticle 2, paragraph (5)· applies throughout the law
mutual aid policyholdermachine translation
「共済契約者」
An employer (事業主) that is a party to a retirement allowance mutual aid contract (退職金共済契約) or a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約).
Defined inArticle 2, paragraph (6)· applies throughout the law
covered employeemachine translation
「被共済者」
A person to whom the Organization (機構) must pay a retirement allowance (退職金) when they leave their employment, under a retirement allowance mutual aid contract (退職金共済契約) or a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約).
Defined inArticle 2, paragraph (7)· applies throughout the law
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.