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。
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
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.