Chapter V Miscellaneous Provisions

The businesses specified by Order of the Ministry of Health, Labour and Welfare under Article 39, paragraph (1) of the Act are as follows:

Workers employed in a business conducted by the national government or a business prescribed in Article 39, paragraph (1) of the Act who are listed in the following items are not treated as workers for the purpose of applying the provisions of Chapter II through Chapter IV of the Act:

An employer or former employer, or a labor insurance administrative affairs association or an association that was formerly a labor insurance administrative affairs association, must retain the documents under the Act or this Ministerial Order for three years from the day of their completion (four years for the accounting books under Article 68, item (iii)).

①If an employer has appointed an agent in advance, the employer may have that agent do the matters that the employer is required to do under this Ministerial Order.

②When an employer has appointed or dismissed an agent under the preceding paragraph, the employer must notify the Director of the Labor Standards Office Concerned or the Chief of the Public Employment Security Office Concerned to that effect by means of a notification stating the following matters. The same applies when a change arises in the matters stated in that notification that pertain to the appointment of the agent:

The order under Article 42 of the Act is to be given in writing by the Director of the Prefectural Labor Bureau Concerned, the Director of the Labor Standards Office Concerned or the Chief of the Public Employment Security Office Concerned.

The identification card under Article 43, paragraph (2) of the Act is in Form No. 3.

The following authority of the Minister of Health, Labour and Welfare provided for in the Act is delegated to the Director of the Prefectural Labor Bureau:

An employer of a construction business, among businesses for which the insurance relation pertaining to industrial accident insurance has been established, must display a notice of establishment of the industrial accident insurance relation (Form No. 4) in a conspicuous place.

①Submission of written applications, reports, written requests, etc. that an employer (including an employers' association, a federation thereof, or a labor insurance administrative affairs association) makes to the Minister of Health, Labour and Welfare, the Director of the Prefectural Labor Bureau, or the Labor Insurance Special Account Revenue Collecting Officer of the Prefectural Labor Bureau pursuant to the provisions of this Ministerial Order (excluding the submission of a written declaration under the provisions of Article 20-4, a written declaration under the provisions of Article 38, paragraph (1), written applications under the provisions of Article 45, paragraph (1), Article 47, paragraph (1), and Article 50, paragraph (1), a starting ticket receipt book under the provisions of Article 51, paragraph (1), and a report under Article 55), notifications (excluding a notification under the provisions of Article 50, paragraph (4)), and requests (excluding a request under the provisions of paragraph (6) of that Article and Article 53) are to be made through the Director of the Labor Standards Office Concerned or the Chief of the Public Employment Security Office Concerned, in accordance with the following categories.

②Submission of a notification under the provisions listed in each of the following items that an employer makes to the Director of the Labor Standards Office Concerned or the Chief of the Public Employment Security Office Concerned, which relates to a business other than a business with a definite term, may be made through the administrative organ listed in the relevant item.

③Notwithstanding paragraph (1), the submission of written applications and notifications that an employers' association, a federation thereof, or a labor insurance administrative affairs association makes to the Director of the Prefectural Labor Bureau pursuant to the provisions of Article 63, paragraph (1) or Articles 64 through 66 is to be made through the Chief of the Public Employment Security Office having jurisdiction over the location of its principal office (or, in the case of the submission of written applications and notifications that an employers' association, a federation thereof, or a labor insurance administrative affairs association for which the labor insurance administrative affairs entrusted by employers for processing relate only to dual application businesses for industrial accident insurance, etc. makes pursuant to the provisions of Article 63, paragraph (1), Article 65 or Article 66, and of the submission of notifications that a labor insurance administrative affairs association makes pursuant to the provisions of Article 64 that relate to dual application businesses for industrial accident insurance, etc., through the Director of the Labor Standards Office having jurisdiction over the location of its principal office).

The Minister of Health, Labour and Welfare is to publish the name or title of the employer who has made the notification under the provisions of Article 4-2, paragraph (1) of the Act, the employer's address or location, and whether or not the business is one for which insurance relations pertaining to industrial accident insurance and employment insurance have been established (where a notification of change has been made under the provisions of paragraph (2) of that Article, the particulars after the change), by a method of making them available for public inspection through the use of the Internet.

①In the case where, with regard to the submission of written applications, written declarations, reports, etc. that an employer makes to the Minister of Health, Labour and Welfare or a disbursing officer, the Director of the Prefectural Labor Bureau, the Director of the Labor Standards Office or the Chief of the Public Employment Security Office, or the Labor Insurance Special Account Revenue Collecting Officer of the Prefectural Labor Bureau or the Cash Advance Officer of the Labor Insurance Special Account of the Prefectural Labor Bureau (hereinafter in this Article referred to as the "Minister of Health, Labour and Welfare, etc.") pursuant to the provisions of this Ministerial Order (excluding the submission of written applications under the provisions of Article 42, paragraphs (1) and (4), Article 45, paragraph (1), Article 47, paragraph (1), and Article 50, paragraph (1), a starting ticket receipt book under the provisions of Article 51, paragraph (1), reports under the provisions of Articles 54 and 55, and documents relating to a request under the provisions of Article 58), notifications (excluding notifications under the provisions of Article 40, paragraph (2) and Article 50, paragraph (4)), and requests (excluding requests under the provisions of Article 42, paragraph (6), Article 50, paragraph (6), and Article 53) (hereinafter in this Article referred to as "submission of written applications, etc."), a labor and social security attorney or a labor and social security attorney corporation (hereinafter referred to as a "labor and social security attorney, etc.") makes the submission of written applications, etc. on behalf of the employer under the provisions of Article 2, paragraph (1), item (i)-2 of the Act on Public Consultants on Social and Labour Insurance (Act No. 89 of 1968) by using the electronic data processing system prescribed in Article 6, paragraph (1) of the Information and Communications Technology Utilization Act pursuant to the provisions of that paragraph, then, by transmitting, together with the submission of written applications, etc., an electronic or magnetic record that can certify that the labor and social security attorney, etc. has concluded a contract to act on behalf of the employer in the employer's duties, it may be substituted for applying an electronic signature and transmitting, together with the submission of written applications, etc., the electronic certificate set forth in each item of Article 5, paragraph (1) of the Ordinance for Enforcement of the Act on Promotion of Administration Utilizing Information and Communications Technology with Regard to Laws and Regulations under the Jurisdiction of the Ministry of Health, Labour and Welfare (Order of the Ministry of Health, Labour and Welfare No. 40 of 2003), notwithstanding that paragraph.

②In the case where, with regard to the submission of written applications, etc. that an employer makes to the Minister of Health, Labour and Welfare, etc. pursuant to the provisions of this Ministerial Order, a labor insurance administrative affairs association processes it, by entrustment from the employer under the provisions of Article 33, paragraph (1) of the Act, by using the electronic data processing system prescribed in Article 6, paragraph (1) of the Information and Communications Technology Utilization Act pursuant to the provisions of that paragraph, then, by transmitting, together with the submission of written applications, etc., an electronic or magnetic record that can certify that the labor insurance administrative affairs association has been entrusted with the labor insurance administrative affairs that the employer is to carry out, it may be substituted for applying an electronic signature and transmitting, together with the submission of written applications, etc., the electronic certificate set forth in each item of Article 5, paragraph (1) of the Ordinance for Enforcement of the Act on Promotion of Administration Utilizing Information and Communications Technology with Regard to Laws and Regulations under the Jurisdiction of the Ministry of Health, Labour and Welfare, notwithstanding that paragraph.

③In the case where, pursuant to the provisions of Article 64, a labor insurance administrative affairs association makes the submission of a notification to the Director of the Prefectural Labor Bureau by using the electronic data processing system prescribed in Article 6, paragraph (1) of the Information and Communications Technology Utilization Act pursuant to the provisions of that paragraph, then, by transmitting, together with the submission of the notification, an electronic or magnetic record that can certify that the employer concerned in the notification has entrusted the processing of labor insurance administrative affairs, or that the entrustment has been terminated, it may be substituted for transmitting, together with the submission of the notification, the information to which the electronic signature of the employer has been applied and the electronic certificate relating to that electronic signature set forth in each item of Article 5, paragraph (1) of the Ordinance for Enforcement of the Act on Promotion of Administration Utilizing Information and Communications Technology with Regard to Laws and Regulations under the Jurisdiction of the Ministry of Health, Labour and Welfare, notwithstanding paragraph (2) of that Article.