Section 1 Conclusion of Retirement Allowance Mutual Aid Contracts, etc.
第一節 退職金共済契約の締結等
Article 3Conclusion of Contracts
第三条(契約の締結)
A retirement allowance mutual aid contract may not be concluded by anyone other than a small and medium-sized enterprise.
With respect to a person who is currently a covered employee under a retirement allowance mutual aid contract, a new retirement allowance mutual aid contract naming that person as a covered employee may not be concluded.
A small and medium-sized enterprise must see to it that it concludes retirement allowance mutual aid contracts for all of its employees, excluding the persons listed in the following items:
a person employed for a fixed period;
期間を定めて雇用される者
a person employed in seasonal work;
季節的業務に雇用される者
a person in a probationary employment period;
試みの雇用期間中の者
a person who is currently a covered employee under a retirement allowance mutual aid contract;
a covered employee under a retirement allowance mutual aid contract cancelled pursuant to Article 8, paragraph (2), item (iii), for whom one year has not elapsed since the date of cancellation;
in addition to the persons listed in the preceding items, a person specified by Order of the Ministry of Health, Labour and Welfare.
前各号に掲げる者のほか、厚生労働省令で定める者
The Organization must not refuse to conclude a retirement allowance mutual aid contract, except in the cases listed in the following items:
where the applicant for the contract is a person whose retirement allowance mutual aid contract was cancelled pursuant to Article 8, paragraph (2), item (i), and six months have not elapsed since the date of cancellation;
where the covered employee to whom the application pertains is a covered employee under a retirement allowance mutual aid contract cancelled pursuant to Article 8, paragraph (2), item (iii), and one year has not elapsed since the date of cancellation.
In addition to what is set out in the preceding two items, where there is a legitimate reason specified by Order of the Ministry of Health, Labour and Welfare.
前二号に掲げるもののほか、厚生労働省令で定める正当な理由があるとき。
第四条
A retirement allowance mutual aid contract is to be concluded for each covered employee, specifying the monthly premium.
The monthly premium must be 5,000 yen or more and 30,000 yen or less per covered employee (2,000 yen in the case of a covered employee who, on the date of application for the retirement allowance mutual aid contract, is a person whose prescribed weekly working hours are shorter than the prescribed weekly working hours of an ordinary employee employed by the mutual aid policyholder and are less than the number of hours determined by the Minister of Health, Labour and Welfare (referred to as a "short-time covered employee" in Article 27, paragraph (4))).
The monthly premium must be, where it exceeds 2,000 yen but is less than 10,000 yen, an amount obtained by multiplying 1,000 yen by an integer, and, where it exceeds 10,000 yen but is less than 30,000 yen, an amount obtained by multiplying 2,000 yen by an integer.
掛金月額は、二千円を超え一万円未満であるときは千円に整数を乗じて得た額、一万円を超え三万円未満であるときは二千円に整数を乗じて得た額でなければならない。
Article 5Benefit to Covered Employees, etc.
第五条(被共済者等の受益)
Covered employees and their bereaved family members automatically receive the benefit of the retirement allowance mutual aid contract.
被共済者及びその遺族は、当然退職金共済契約の利益を受ける。
Article 6Application for Contracts
第六条(契約の申込み)
A small and medium-sized enterprise must not apply for a retirement allowance mutual aid contract naming an employee it employs as the covered employee against the will of that employee.
When applying for a retirement allowance mutual aid contract, a small and medium-sized enterprise must state clearly the name of the person who is to be the covered employee under that retirement allowance mutual aid contract and the monthly premium.
Article 7Formation of Contracts
第七条(契約の成立)
A retirement allowance mutual aid contract is deemed to have been formed on the date of the application when the Organization accepts the application, and takes effect from that date.
When a retirement allowance mutual aid contract has been formed, the mutual aid policyholder must notify the covered employee to that effect without delay.
The Organization must, without delay after the formation of a retirement allowance mutual aid contract, deliver a retirement allowance mutual aid book to the mutual aid policyholder.
The retirement allowance mutual aid book must be capable of showing the status of premium payments.
退職金共済手帳は、掛金の納付状況を明らかにすることができるものでなければならない。
Article 8Cancellation of Contracts
第八条(契約の解除)
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.
Article 9Change of Monthly Premium
第九条(掛金月額の変更)
The Organization must accept an application from a mutual aid policyholder for an increase in the monthly premium.
The Organization must not accept an application from a mutual aid policyholder for a decrease in the monthly premium, except in the cases set out in the items of paragraph (3) of the preceding Article.
An application under the preceding two paragraphs must be made by stating clearly the name of the covered employee and the monthly premium after the increase or decrease.
The provisions of Article 7, paragraphs (1) and (2) apply mutatis mutandis to an increase or decrease in the monthly premium.
Section 2 Payment of Retirement Allowances, etc.
第二節 退職金等の支給
Article 10Retirement Allowances
第十条(退職金)
When a covered employee retires, the Organization is to pay a retirement allowance to that person (or, where the retirement is due to death, to the bereaved family members); provided, however, that this does not apply where the number of months for which premiums have been paid for the covered employee (hereinafter referred to as the "number of months of paid premiums") is less than 12 months.
The amount of the retirement allowance is the amount specified in each of the following items according to the category of the number of months of paid premiums set out in that item.
退職金の額は、次の各号に掲げる掛金納付月数の区分に応じ、当該各号に定める額とする。
23 months or less: an amount specified by Cabinet Order in accordance with the monthly premium and the number of months of paid premiums, as an amount less than the total amount of premiums paid for the covered employee (in the case of retirement due to death, an amount specified by Cabinet Order in accordance with the monthly premium and the number of months of paid premiums, as an amount equivalent to the total amount of premiums paid for the covered employee);
24 months or more and 42 months or less: an amount specified by Cabinet Order in accordance with the monthly premium and the number of months of paid premiums, as an amount equivalent to the total amount of premiums paid for the covered employee;
43 months or more: the amount obtained by adding together the amounts specified in (a) and (b):
四十三月以上 次のイ及びロに定める額を合算して得た額
an amount specified by Cabinet Order in accordance with the monthly premium and the number of months of paid premiums, as an amount exceeding the total amount of premiums paid for the covered employee;
the total of the amounts obtained by multiplying the amount that would be obtained by applying the provision of (a) on the assumption that the covered employee's retirement took place in a calculation month (meaning a month for which, where the premium for that month has been paid, the number of months of paid premiums becomes 43 months or 43 months plus a whole-number multiple of 12 months; the same applies hereinafter in this item and in paragraph (4)) (referred to as the "hypothetical retirement allowance amount" in paragraph (4)) by the payment rate for the fiscal year (meaning the period from April 1 to March 31 of the following year; the same applies hereinafter) to which that calculation month belongs, in each case (where the amount has a fraction of less than one yen, it is rounded up to one yen).
The amounts specified by Cabinet Order referred to in item (i), item (ii) and item (iii), (a) of the preceding paragraph are to be determined on the basis of the total amount of the premiums paid and the investment income therefrom, taking into account the assumed interest rate, the estimated number of retirements of covered employees and the estimated number of cancellations of retirement allowance mutual aid contracts.
The payment rate under paragraph (2), item (iii), (b) is to be determined by the Minister of Health, Labour and Welfare, for each fiscal year, as provided by Order of the Ministry of Health, Labour and Welfare, by the end of the fiscal year preceding that fiscal year, after hearing the opinion of the Labour Policy Council, on the basis of the rate obtained by dividing the amount calculated as the portion of the investment income of the fiscal year preceding that fiscal year that is to be applied to the payment of the amount prescribed in paragraph (2), item (iii), (b) by the total amount of the hypothetical retirement allowance amounts of covered employees who will have a calculation month in that fiscal year, and taking into account the estimated amount of investment income for that fiscal year and thereafter and other circumstances.
Where a covered employee has retired for a reason attributable to that employee and the mutual aid policyholder has made a request, and the Minister of Health, Labour and Welfare finds it appropriate in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare, the Organization may pay a reduced retirement allowance, as provided by Order of the Ministry of Health, Labour and Welfare.
Article 11Method of Payment of Retirement Allowances
第十一条(退職金の支給方法)
A retirement allowance is paid as a lump sum.
退職金は、一時金として支給する。
Article 12Installment Payment of Retirement Allowances, etc.
第十二条(退職金の分割支給等)
Notwithstanding the preceding Article, at the request of a covered employee, the Organization may pay all or part of the retirement allowance by way of installment payment; provided, however, that this does not apply in any of the cases set out in the following items.
Where the amount of the retirement allowance is less than the amount specified by Order of the Ministry of Health, Labour and Welfare;
退職金の額が厚生労働省令で定める金額未満であるとき。
Where the covered employee is under 60 years of age on the date of retirement;
Where, when a covered employee has requested that part of the retirement allowance be paid by way of installment payment, the amount subject to installment payment prescribed in the following paragraph is less than the amount specified by Order of the Ministry of Health, Labour and Welfare, or the amount obtained by deducting the amount subject to installment payment prescribed in that paragraph from the full amount of that retirement allowance is less than the amount specified by Order of the Ministry of Health, Labour and Welfare.
Where a covered employee intends to receive part of the retirement allowance by way of installment payment, the request under the preceding paragraph must be made by specifying the amount of the part of the retirement allowance that the covered employee intends to receive by way of installment payment (hereinafter referred to in this Article as the "amount subject to installment payment").
The payment months for a retirement allowance paid by way of installment payment are February, May, August and November of each year.
分割払の方法による退職金の支給期月は、毎年二月、五月、八月及び十一月とする。
The period of payment of a retirement allowance by way of installment payment (referred to as the "installment payment period" in the following paragraph) is either five years or 10 years from the first payment month after the request under paragraph (1), as selected by the covered employee.
The amount of the retirement allowance for each payment month (referred to as the "retirement allowance installment" in the following Article) is the amount obtained by multiplying the amount of the retirement allowance (the amount subject to installment payment, where part of the retirement allowance is paid by way of installment payment) by the rate specified by Cabinet Order in accordance with the installment payment period (referred to as the "installment payment rate" in paragraph (2) of the following Article).
Where, pursuant to the provisions of paragraph (1), part of the retirement allowance is to be paid by way of installment payment, the amount obtained by deducting the amount subject to installment payment from the full amount of that retirement allowance is paid as a lump sum.
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
retirementmachine translation
「退職」
The ending of an employee's employment relationship with their employer (事業主).
Defined inArticle 2, paragraph (2)· 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
short-time covered employeemachine translation
「短時間労働被共済者」
In Article 4, paragraph (2) and Article 27, paragraph (4), a covered employee (被共済者) whose prescribed weekly working hours, on the day the retirement allowance mutual aid contract (退職金共済契約) is applied for, are shorter than those of the employer's ordinary employees and fewer than the number of hours the Minister of Health, Labour and Welfare (厚生労働大臣) sets; their monthly premium (掛金月額) may be as low as 2,000 yen instead of 5,000 yen.
Short name set inArticle 4, paragraph (2)· applies only in this provision and in Article 27, paragraph (4)
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)
number of months of paid premiumsmachine translation
「掛金納付月数」
The number of months for which premiums (掛金) have been paid for a covered employee (被共済者); no retirement allowance (退職金) is paid if it is under 12.
Short name set inArticle 10, paragraph (1)
hypothetical retirement allowance amountmachine translation
「仮定退職金額」
In Article 10, paragraph (2), item (iii), (b) and paragraph (4), the amount a covered employee (被共済者) would receive under item (iii), (a) if they had retired in a calculation month (計算月) — a month in which their number of months of paid premiums reaches 43, or 43 plus a multiple of 12 — which is multiplied by that fiscal year's payment rate (支給率) to work out the extra amount added to the retirement allowance (退職金).
Short name set inArticle 10, paragraph (2), item (iii), (b)· applies only in this provision and in Article 10, paragraph (4)
fiscal yearmachine translation
「年度」
The fiscal year, from 1 April to 31 March of the following year.
Defined inArticle 10, paragraph (2), item (iii), (b)
calculation monthmachine translation
「計算月」
In Article 10, paragraph (2), item (iii) and paragraph (4), a month in which, once that month's premium (掛金) is paid, the number of months of paid premiums (掛金納付月数) reaches 43, or 43 plus a whole multiple of 12.
Defined inArticle 10, paragraph (2), item (iii), (b)· applies only in this item and in Article 10, paragraph (4)
amount subject to installment paymentmachine translation
「分割払対象額」
In Article 12, the part of the retirement allowance (退職金) that a covered employee (被共済者) who asks for only part of it to be paid in installments names as the amount to be paid that way.
Short name set inArticle 12, paragraph (2)· applies only in this article
installment payment periodmachine translation
「分割支給期間」
In Article 12, paragraphs (4) and (5), the period over which a retirement allowance (退職金) is paid in installments: five or ten years from the first payment month (支給期月) after the request, as the covered employee (被共済者) chooses.
Short name set inArticle 12, paragraph (4)· applies only in this provision and in Article 12, paragraph (5)
installment payment ratemachine translation
「分割支給率」
In Articles 12 and 13, the rate, set by Cabinet Order (政令) for each installment payment period (分割支給期間), by which the retirement allowance (退職金) — or the part of it to be paid in installments — is multiplied to give the amount of each installment.
Short name set inArticle 12, paragraph (5)· applies only in this provision and in Article 13, paragraph (2)
retirement allowance installmentmachine translation
「分割退職金」
In Articles 12 and 13, the part of a retirement allowance (退職金) paid in each payment month (支給期月) when it is paid in installments: the retirement allowance, or the part of it to be paid in installments, multiplied by the installment payment rate (分割支給率).
Short name set inArticle 12, paragraph (5)· applies only in this provision and in Article 13
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.
Labor Policy Council
労働政策審議会
A council (審議会) attached to the Ministry of Health, Labour and Welfare (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 6, paragraph (1)). At the Minister of Health, Labour and Welfare's request it studies and deliberates on important matters of labour policy (and, at that Minister's or the Minister of Economy, Trade and Industry's request, on preventing pneumoconiosis (じん肺)), gives its opinion on them to the Minister or the administrative bodies concerned, and handles the matters the labour laws assign to it (Article 9, paragraph (1) of that Act). It has thirty members, whom the Minister appoints in equal numbers from those representing workers, employers and the public interest, and temporary and expert members may be added for particular matters (Cabinet Order (政令) on the Labor Policy Council (労働政策審議会令), Articles 2 and 3).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Arts. 6, 9 and Cabinet Order on the Labor Policy Council, Arts. 2, 3 as a reference.