Neither the Organization nor a mutual aid policyholder may cancel a retirement allowance mutual aid contract, except in the cases prescribed in paragraph (2) or paragraph (3).
The Organization is to cancel a retirement allowance mutual aid contract in the cases set out in the following items; provided, however, that this does not apply where, in a case falling under item (ii), the Organization has obtained in advance the approval of the Minister of Health, Labour and Welfare, as provided by Order of the Ministry of Health, Labour and Welfare.
Where a mutual aid policyholder has neglected to pay premiums for a certain number of months or more specified by Order of the Ministry of Health, Labour and Welfare (excluding cases where there is a legitimate reason 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一定の月分以上について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。）。
Where a mutual aid policyholder has become an employer that is not a small and medium-sized enterprise;
Where a covered employee has received, or attempted to receive, payment of a retirement allowance or cancellation refund (hereinafter referred to as "retirement allowance, etc.") by deceit or other wrongful conduct.
被共済者が偽りその他不正の行為によつて退職金又は解約手当金（以下「退職金等」という。）の支給を受け、又は受けようとしたとき。
A mutual aid policyholder may cancel a retirement allowance mutual aid contract in the cases set out in the following items.
Where the consent of the covered employee has been obtained;
被共済者の同意を得たとき。
Where 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。
The cancellation of a retirement allowance mutual aid contract takes effect only prospectively.
退職金共済契約の解除は、将来に向つてのみその効力を生ずる。
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the cancellation of a retirement allowance mutual aid contract.
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
retirement allowance mutual aid contractmachine translation
「退職金共済契約」
A contract under which an employer (事業主) promises to pay premiums (掛金) to the Organization for Workers' Retirement Allowance Mutual Aid (独立行政法人勤労者退職金共済機構) and the Organization promises to pay a retirement allowance (退職金), as this Act provides, when the employer's employees leave; a specified-industry retirement allowance mutual aid contract (特定業種退職金共済契約) is not one.
Defined inArticle 2, paragraph (3)· 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
retirement allowance, etc.machine translation
「退職金等」
A retirement allowance (退職金) or a cancellation refund (解約手当金).
Short name set inArticle 8, paragraph (2), item (iii)
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.