Chapter III Mutual Aid Policyholders and Covered Employees
第三章 共済契約者及び被共済者
Article 35Presentation of Retirement Allowance Mutual Aid Books, etc.
第三十五条(退職金共済手帳の提示等)
A mutual aid policyholder under a retirement allowance mutual aid contract must present the retirement allowance mutual aid book when requested by the covered employee.
When a covered employee retires or a retirement allowance mutual aid contract is cancelled, the mutual aid policyholder under the retirement allowance mutual aid contract must, without delay, deliver the retirement allowance mutual aid book to the covered employee or the covered employee's bereaved family members or heirs, except where there are unavoidable grounds.
When a covered employee or the covered employee's bereaved family members or heirs request a certificate necessary for receiving payment of a retirement allowance, etc., the mutual aid policyholder under the retirement allowance mutual aid contract must deliver it without delay.
Article 36Prohibition of Disadvantageous Treatment
第三十六条(不利益取扱の禁止)
A small and medium-sized enterprise must not engage in unjust discriminatory treatment against its employees in connection with a retirement allowance mutual aid contract.
When a small and medium-sized enterprise intends to conclude a retirement allowance mutual aid contract, it must hear the opinions of its employees.
第三十七条(届出)
A mutual aid policyholder under a retirement allowance mutual aid contract must, without delay, notify the Organization to that effect when it becomes an employer that is not a small and medium-sized enterprise or when a covered employee's retirement occurs.
第三十八条(報告等)
The Organization may, to the extent necessary for carrying out the operations prescribed in Article 70, paragraph (1) (hereinafter referred to as "retirement allowance mutual aid operations"), request a mutual aid policyholder or a covered employee under a retirement allowance mutual aid contract to submit a report or documents.
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
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)
retirement allowance mutual aid operationsmachine translation
「退職金共済業務」
The Organization's (機構) work under Article 70, paragraph (1): running the small and medium-sized enterprise retirement allowance mutual aid business for retirement allowance mutual aid contracts (退職金共済契約) and specified-industry retirement allowance mutual aid contracts (特定業種退職金共済契約), and work incidental to it.
Short name set inArticle 38, paragraph (1)
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.