Supplementary Provisions, Article 3Transitional Measures Concerning Retirement Allowances, etc.
第三条（退職金等に関する経過措置）
The provisions of the items of Article 10, paragraph (2) of the New Act (including where they apply with replacement of terms pursuant to Article 21-4, paragraph (1) of the New Act) apply to retirement allowances for persons who retire on or after the Effective Date, and the provisions then in force continue to govern retirement allowances for persons who retired before the Effective Date.
Article 13, paragraph (4) of the New Act applies to the cancellation refund where a retirement allowance mutual aid contract is cancelled on or after the Effective Date, and the provisions then in force continue to govern the cancellation refund where a retirement allowance mutual aid contract was cancelled before the Effective Date.
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
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
the New Actmachine translation
「新法」
This Act as amended by Act No. 45 of 1980.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Act No. 45 of 1980, the amending Act these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, 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.