Chapter VIII Miscellaneous Provisions
第八章 雑則
Article 84Request for Examination
第八十四条（審査の申立て）
A mutual aid policyholder, a covered employee, or any other person who has the right to receive a retirement allowance, etc., may, if the person has an objection concerning a matter relating to rights and obligations under a retirement allowance mutual aid contract or a specified-industry retirement allowance mutual aid contract, request an examination by the Labor Insurance Appeal Committee.
A request for examination under the preceding paragraph may not be made after three months have passed since the day on which the applicant learned of the facts giving rise to the objection; provided, however, that this does not apply where the applicant has made a prima facie showing that the applicant was unable to make the request for examination within that period for a justifiable reason.
前項の審査の申立ては、申立人が異議に係る事実を知つた日から三月を経過したときは、することができない。ただし、正当な理由によりこの期間内に審査の申立てをすることができなかつたことを疎明したときは、この限りでない。
A request for examination under paragraph (1) is deemed to be a judicial claim with respect to the suspension of completion and renewal of prescription.
第一項の審査の申立ては、時効の完成猶予及び更新に関しては、これを裁判上の請求とみなす。
The provisions of the preceding three paragraphs must not be interpreted as preventing a person prescribed in paragraph (1) from immediately filing an action concerning a matter prescribed in that paragraph.
The Labor Insurance Appeal Committee may, to the extent necessary for the affairs of examination under paragraph (1), delegate part of those affairs to the relevant administrative agencies.
労働保険審査会は、第一項の審査の事務に必要な限度において、関係行政庁に対してその事務の一部を委任することができる。
Beyond what is provided for in the preceding paragraph, matters necessary for the procedures for examination under paragraph (1) are specified by Order of the Ministry of Health, Labour and Welfare.
Article 85Review of the Amounts of Premiums and Retirement Allowances, etc.
第八十五条（掛金及び退職金等の額の検討）
The amounts of premiums and retirement allowances, etc. are to be reviewed at least every five years, on the basis of the trends, forecasts, etc. of the costs required for the payment of retirement allowances, etc. and of the amount of investment income.
掛金及び退職金等の額は、少なくとも五年ごとに、退職金等の支給に要する費用及び運用収入の額の推移及び予想等を基礎として、検討するものとする。
Article 86Special Provisions on Mariners
第八十六条（船員に関する特例）
With regard to a covered employee who is a mariner to whom the Mariners Act (Act No. 100 of 1947) applies, the term "Minister of Health, Labour and Welfare" in Article 10, paragraph (5) is deemed to be replaced with "Minister of Land, Infrastructure, Transport and Tourism", and the term "Order of the Ministry of Health, Labour and Welfare" is deemed to be replaced with "Order of the Ministry of Land, Infrastructure, Transport and Tourism".
In the cases prescribed in Article 18 and Article 55, paragraph (1), item (i), where, before the retirement prescribed in those provisions, the covered employee was a covered employee who was a mariner to whom the Mariners Act applies, the term "Minister of Health, Labour and Welfare" in those provisions is deemed to be replaced with "Minister of Land, Infrastructure, Transport and Tourism", and the phrase "unavoidable circumstances specified by Order of the Ministry of Health, Labour and Welfare" is deemed to be replaced with "unavoidable circumstances specified by Order of the Ministry of Land, Infrastructure, Transport and Tourism".
第十八条及び第五十五条第一項第一号に規定する場合において、被共済者がこれらの規定に規定する退職前に船員法の適用を受ける船員である被共済者であつたときは、これらの規定中「厚生労働大臣」とあるのは「国土交通大臣」と、「厚生労働省令で定めるやむを得ない事情」とあるのは「国土交通省令で定めるやむを得ない事情」とする。
The authority of the Minister of Land, Infrastructure, Transport and Tourism prescribed in Article 10, paragraph (5) as applied with replacement of terms pursuant to paragraph (1), and in Article 18 and Article 55, paragraph (1), item (i) as applied with replacement of terms pursuant to the preceding paragraph, that is specified by Cabinet Order is exercised by the Director-General of a District Transport Bureau (including the Director-General of a Transport Supervisory Department).
第一項の規定により読み替えて適用する第十条第五項並びに前項の規定により読み替えて適用する第十八条及び第五十五条第一項第一号に規定する国土交通大臣の職権で政令で定めるものは、地方運輸局長（運輸監理部長を含む。）が行う。
Article 87Free Certification of Family Register Documents
第八十七条（戸籍書類の無料証明）
A mayor of a municipality (including the mayor of a special ward, and, for a designated city under Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947), the mayor of a ward or the head of a general ward) may, as provided by Municipal Ordinance of the relevant municipality (including a special ward), certify free of charge, to the Organization or a person who has the right to receive a retirement allowance, etc., matters concerning the family register of a covered employee or of a person who has the right to receive a retirement allowance, etc.
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)
Director of a District Transport Bureau
地方運輸局長
The head of a district transport bureau (地方運輸局), a local branch (地方支分部局) of the Ministry of Land, Infrastructure, Transport and Tourism (国土交通省), a national ministry (Act for Establishment of the Ministry of Land, Infrastructure, Transport and Tourism, Articles 2, paragraph (1), and 30; National Government Organization Act, Articles 3, paragraph (2), and 9). The bureau handles part of the Ministry's work, including the working conditions, safety, welfare and accident compensation of seafarers (船員) and their job placement (Act for Establishment of the Ministry of Land, Infrastructure, Transport and Tourism, Article 4, paragraph (1), items (xcvi) and (xcvii), and Article 35, paragraph (1)); its names, seats and areas are set by Cabinet Order (政令) (Article 35, paragraph (3)), and a transport supervision department (運輸監理部) handles part of its work in some places (Article 36, paragraph (1)). For seafarers (船員), and people seeking to become seafarers, the director, including the director of a transport supervision department, takes the place of the director of a prefectural labor bureau (都道府県労働局長) under the Act on Promoting the Resolution of Individual Labor-Related Disputes: the director provides information and consultation, may give advice or guidance when a party to a dispute asks for help, and, on a party's application for mediation (あっせん) in a dispute other than one over recruitment and hiring, and where the director thinks it necessary, has mediators (あっせん員) designated from a list of candidates the director draws up every two years mediate it (Act on Promoting the Resolution of Individual Labor-Related Disputes, Articles 3, 4(1), 5(1), and 21, paragraphs (1) and (3)). Under the Minimum Wage Act, the director likewise exercises for seafarers the powers the Act gives the director of a prefectural labor bureau (Minimum Wage Act, Article 35, paragraph (2)). Under the Road Transport Vehicle Act the director has powers of its own — for example, to order the user of a motor vehicle that does not meet the safety standards (保安基準) to have it serviced, and to certify a business that services motor vehicles (Road Transport Vehicle Act, Articles 54, paragraph (1), and 78, paragraph (1)) — and the powers that Act gives the Minister of Land, Infrastructure, Transport and Tourism (国土交通大臣) may be delegated to the director, as a Cabinet Order (政令) provides; the director's powers may be delegated on, as a Cabinet Order provides, to the head of a transport supervision department (運輸監理部長) or of a district transport branch office (運輸支局長) (Article 105, paragraphs (1) and (2)).
Written by AI using Road Transport Vehicle Act, Arts. 54, 78, 105, Act for Establishment of the Ministry of Land, Infrastructure, Transport and Tourism, Arts. 2, 4, 30, 35, 36, National Government Organization Act, Arts. 3, 9, Act on Promoting the Resolution of Individual Labor-Related Disputes, Arts. 3, 4, 5, 21 and Minimum Wage Act, Art. 35 as a reference.
family register
戸籍
The public record of who a person is related to by birth, marriage and adoption. One is made for each married couple and their children who share their surname, where they set their registered domicile (本籍); when a new register is made for a person married to a foreign national (外国人) or with no spouse, it is made for that person and their children who share their surname (Family Register Act, Article 6). The mayor of the municipality (in Tokyo's special wards and the wards of designated cities, the ward mayor) administers this work unless the Act provides otherwise (Articles 1 and 4). Besides the registered domicile, it records for each person their name and its reading, date of birth, why and when they entered the register, their parents and, for an adopted child, their adoptive parents, whether they are husband and wife, and the register they came from, among other things (Article 13). Entries are made on a notification (届出) — of a birth, a marriage, a divorce or a death, for example (Articles 49, 74, 76 and 86) — or on a report, an application, a court decision and a few other grounds (Article 15). When a marriage between a Japanese national and a foreign national is notified, a new family register is made for the Japanese national, not for the couple, unless the Japanese national already heads a register of their own (Article 6 and Article 16, paragraph (3)). A foreign national who lives in a municipality as a mid- to long-term resident (中長期在留者), a special permanent resident (特別永住者) or in one of a few other categories is recorded in that municipality's resident record (住民票): instead of the family register entry a Japanese resident's record carries, it states their nationality, and for a mid- to long-term resident their status of residence (在留資格) and period of stay (Residential Basic Book Act, Article 30-45). A foreign national in none of those categories is not recorded there (Article 39).
Written by AI using Family Register Act, Arts. 1, 4, 6, 13, 15, 16, 49, 74, 76, 86 and Residential Basic Book Act, Arts. 7, 30-45, 39 as a reference.
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.
special ward
特別区
A ward (区) of a metropolis (都) (Local Autonomy Act, Article 281, paragraph (1)). Today the only special wards are the 23 wards of Tokyo. A special ward is a basic local government in its own right: it does, in general, the work a city, town or village (市町村) does elsewhere, apart from what the metropolis does across all the wards as one (Article 281-2, paragraph (2)). Where a law or order gives a city (市) work to do, its provisions on that work also apply to a special ward, for the work the ward does (Article 281, paragraph (2), and Article 283, paragraph (2)); a Cabinet Order (政令) can make special rules where they cannot apply as they stand (Article 283, paragraph (3)).
Written by AI using Local Autonomy Act, Arts. 281, 281-2, 283 as a reference.