Chapter III Benefits for Unemployment
第三章 失業等給付
Section 1 General Rules
第一節 通則
Article 10Benefits for Unemployment
第十条(失業等給付)
Benefits for unemployment, etc. are to consist of job applicant benefits, employment promotion benefits, educational training benefits and continuous employment benefits.
失業等給付は、求職者給付、就職促進給付、教育訓練給付及び雇用継続給付とする。
The job applicant benefits are to consist of the following:
求職者給付は、次のとおりとする。
basic allowance;
基本手当
skill acquisition allowance;
技能習得手当
lodging allowance; and
寄宿手当
injury and disease allowance.
傷病手当
Notwithstanding the provisions of the preceding paragraph, the job applicant benefits for the elderly insured persons prescribed in Article 37-2, paragraph (1) are to be the job applicant benefits for the elderly, the job applicant benefits for specially insured persons in short-term employment prescribed in Article 38, paragraph (1), are to be a special lump sum payment, and the job applicant benefits for the insured day workers prescribed in Article 43, paragraph (1) are to be the job applicant benefits for day workers.
前項の規定にかかわらず、第三十七条の二第一項に規定する高年齢被保険者に係る求職者給付は、高年齢求職者給付金とし、第三十八条第一項に規定する短期雇用特例被保険者に係る求職者給付は、特例一時金とし、第四十三条第一項に規定する日雇労働被保険者に係る求職者給付は、日雇労働求職者給付金とする。
The employment promotion benefits are to consist of the following:
就職促進給付は、次のとおりとする。
employment promotion allowance;
就業促進手当
relocation expenses; and
移転費
job-seeking activity support expenses.
求職活動支援費
The educational training benefits are to consist of the following:
教育訓練給付は、次のとおりとする。
educational training benefits; and
教育訓練給付金
educational training leave benefits.
教育訓練休暇給付金
The continuous employment benefits are to consist of the following:
雇用継続給付は、次のとおりとする。
basic continuous employment benefits for the elderly and re-employment benefits for the elderly (hereinafter referred to as "continuous employment benefits for the elderly" in Section 6, Subsection 1);
高年齢雇用継続基本給付金及び高年齢再就職給付金(第六節第一款において「高年齢雇用継続給付」という。)
nursing care leave benefits.
介護休業給付金
Article 10-2Efforts to Find Employment
第十条の二(就職への努力)
A person who receives payment of job applicant benefits must endeavor to find employment by carrying out job-seeking activities sincerely and earnestly, while endeavoring to develop and improve their vocational ability as necessary.
求職者給付の支給を受ける者は、必要に応じ職業能力の開発及び向上を図りつつ、誠実かつ熱心に求職活動を行うことにより、職業に就くように努めなければならない。
Article 10-3Unpaid Benefits for Unemployment
第十条の三(未支給の失業等給付)
When a person able to receive payment of the benefits for unemployment, etc. has died and part of the benefits remains unpaid, the person's spouse (including a person in a de facto marital relationship with the person, where the marriage has not been registered), children, parents, grandchildren, grandparents and brothers or sisters, who had shared a livelihood with the person at the time of that person's death, may demand payment of the unpaid part of the benefits for unemployment, etc. in their own names.
失業等給付の支給を受けることができる者が死亡した場合において、その者に支給されるべき失業等給付でまだ支給されていないものがあるときは、その者の配偶者(婚姻の届出をしていないが、事実上婚姻関係と同様の事情にあつた者を含む。)、子、父母、孫、祖父母又は兄弟姉妹であつて、その者の死亡の当時その者と生計を同じくしていたものは、自己の名で、その未支給の失業等給付の支給を請求することができる。
The order of priority in which persons should receive the unpaid part of the benefits for unemployment, etc. pursuant to the provisions of the preceding paragraph, is to be the order as prescribed in the same paragraph.
If there are two or more persons of the same rank in the order of priority to receive the unpaid part of the benefits for unemployment, etc. pursuant to the provisions of paragraph (1), a demand made by any one of them is deemed to have been made on behalf of all of them for the total amount claimable, and payment made to one of them is be deemed to have been made to all of them.
Article 10-4Order to Return Benefits
第十条の四(返還命令等)
In the case where a person has received payment of the benefits for unemployment, etc. by deception or other wrongful acts, the government may order the person to return the whole or a part of the benefits for unemployment, etc. paid, and may, in accordance with the standards specified by the Minister of Health, Labour and Welfare, order the person to pay the amount not exceeding an amount equivalent to twice the benefits that were received through deception or other wrongful acts.
偽りその他不正の行為により失業等給付の支給を受けた者がある場合には、政府は、その者に対して、支給した失業等給付の全部又は一部を返還することを命ずることができ、また、厚生労働大臣の定める基準により、当該偽りその他不正の行為により支給を受けた失業等給付の額の二倍に相当する額以下の金額を納付することを命ずることができる。
In the case referred to in the preceding paragraph, if benefits for unemployment, etc. were paid due to a false notification, report or certification by the employer, employment placement service provider, etc. (meaning an employment placement agency prescribed in Article 2 of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives (Act No. 132 of 1966) or a person who conducts vocational guidance (limited to guidance conducted in accordance with the aptitude, vocational experiences, and other actual circumstances of a person seeking employment) prescribed in Article 4, paragraph (4) of the Employment Security Act (Act No. 141 of 1947) in the course of trade (excluding Public Employment Security Offices and other employment security agencies); the same applies hereinafter), person engaged in the business of providing recruitment information, etc. (meaning a person who engages in the provision of recruitment information, etc. prescribed in paragraph (6) of the same Article in the course of trade, and limited to a person who performs the act listed in item (iii) of that paragraph (limited to cases where it is performed at the request of a person seeking to become a worker); the same applies hereinafter in this paragraph and Article 76, paragraph (2)), or practitioner of specified educational training (meaning a person who conducts educational training specified by the Minister of Health, Labour and Welfare under Article 60-2, paragraph (1); the same applies hereinafter), the government may order the employer, employment placement service provider, etc., person engaged in the business of providing recruitment information, etc., or practitioner of specified educational training to return the benefits for unemployment, etc., or pay an amount of money, as prescribed in the preceding paragraph, jointly and severally with the person who received payment of the benefits for unemployment, etc.
前項の場合において、事業主、職業紹介事業者等(労働施策の総合的な推進並びに労働者の雇用の安定及び職業生活の充実等に関する法律(昭和四十一年法律第百三十二号)第二条に規定する職業紹介機関又は業として職業安定法(昭和二十二年法律第百四十一号)第四条第四項に規定する職業指導(職業に就こうとする者の適性、職業経験その他の実情に応じて行うものに限る。)を行う者(公共職業安定所その他の職業安定機関を除く。)をいう。以下同じ。)、募集情報等提供事業を行う者(同条第六項に規定する募集情報等提供を業として行う者をいい、同項第三号に掲げる行為(労働者になろうとする者の依頼を受けて行う場合に限る。)を行う者に限る。以下この項及び第七十六条第二項において同じ。)又は指定教育訓練実施者(第六十条の二第一項に規定する厚生労働大臣が指定する教育訓練を行う者をいう。以下同じ。)が偽りの届出、報告又は証明をしたためその失業等給付が支給されたものであるときは、政府は、その事業主、職業紹介事業者等、募集情報等提供事業を行う者又は指定教育訓練実施者に対し、その失業等給付の支給を受けた者と連帯して、前項の規定による失業等給付の返還又は納付を命ぜられた金額の納付をすることを命ずることができる。
The provisions of Article 27 and Article 41, paragraph (2) of the Premiums Collection Act apply mutatis mutandis to cases where the person concerned has failed to pay an amount of money ordered to be returned or paid pursuant to the provisions of the preceding two paragraphs.
徴収法第二十七条及び第四十一条第二項の規定は、前二項の規定により返還又は納付を命ぜられた金額の納付を怠つた場合に準用する。
The right to receive benefits for unemployment, etc. may not be transferred nor offered as a security nor be subject to attachment.
失業等給付を受ける権利は、譲り渡し、担保に供し、又は差し押えることができない。
Article 12Prohibition of Public Charges
第十二条(公課の禁止)
Taxes and other public charges may not be imposed based on the money received as payment for benefits for unemployment, etc.
租税その他の公課は、失業等給付として支給を受けた金銭を標準として課することができない。
Section 2 Job Applicant Benefits for Generally Insured Persons
第二節 一般被保険者の求職者給付
Subsection 1 Basic Allowance
第一款 基本手当
Article 13Recipient Qualification for Basic Allowance
第十三条(基本手当の受給資格)
The basic allowance is to be paid pursuant to the provisions of this Subsection, where an insured person who becomes unemployed has been insured for a total period of 12 months or more during the two-year period preceding the day of separation from service, pursuant to the provisions of the following Article (for insured persons who were unable to receive payment of wages for 30 or more consecutive days during that period due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, during the period of two years added to the number of days for which they were unable to receive payment of wages due to those reasons (where the aggregate period exceeds four years, four years); referred to as the "period for calculation" in Article 17, paragraph (1)).
With regard to the application of the provisions of the preceding paragraph to persons separated from service for specific reasons and persons who fall under any of the items of Article 23, paragraph (2) (excluding persons who come to have the qualification to receive payment of the basic allowance pursuant to the provisions of the preceding paragraph), the phrase "two-year period" in that paragraph is deemed to be replaced with "one-year period", the phrase "period of two years" with "period of one year", and the term "12 months" with "six months".
The persons separated from service for specific reasons set forth in the preceding paragraph are persons who have been separated from service, other than those who fall under any of the items of Article 23, paragraph (2), and who are specified by Order of the Ministry of Health, Labour and Welfare as persons whose separation from service was due to the expiration of the term of a labor contract with a fixed term without the labor contract being renewed (limited to the case where no agreement on the renewal was reached even though the person wished for the renewal) or other unavoidable reasons.
第十四条(被保険者期間)
Each period (limited to the periods with 11 or more days as basis of the payment of wages) within the overall insured period when the person was an insured person, counted backwards from the day on which the person ceased to be an insured person or from the day before each day that corresponds to that day in each month and is within the overall insured period (for months that do not have a day corresponding to that day, the last day of the month; hereinafter referred to as the "substitute corresponding day" in this paragraph), to the substitute corresponding day in each previous month is calculated as a full month, and other periods are not to be included in the overall insured period; provided, however, that when the number of days in the period from the day on which the person became an insured person, to the day before the first substitute corresponding day thereafter, is 15 days or more and the number of days in the period based on which payment of wages was made is 11 days or more, the period is calculated as an insured period of half a month.
被保険者期間は、被保険者であつた期間のうち、当該被保険者でなくなつた日又は各月においてその日に応当し、かつ、当該被保険者であつた期間内にある日(その日に応当する日がない月においては、その月の末日。以下この項において「喪失応当日」という。)の各前日から各前月の喪失応当日までさかのぼつた各期間(賃金の支払の基礎となつた日数が十一日以上であるものに限る。)を一箇月として計算し、その他の期間は、被保険者期間に算入しない。ただし、当該被保険者となつた日からその日後における最初の喪失応当日の前日までの期間の日数が十五日以上であり、かつ、当該期間内における賃金の支払の基礎となつた日数が十一日以上であるときは、当該期間を二分の一箇月の被保険者期間として計算する。
The periods listed in each of the following items are not to be included when calculating the period in which the person was an insured person prescribed in the preceding paragraph, pursuant to the provisions of that paragraph:
in the case where the person had obtained recipient qualification (meaning qualification for receiving the basic allowance pursuant to the provisions of paragraph (1) of the preceding Article (including cases where that paragraph is applied pursuant to paragraph (2) of the same Article, following the deemed replacement of terms); hereinafter the same applies, except for the following Section to Section 4), the recipient qualification for the elderly prescribed in Article 37-3, paragraph (2), or the special recipient qualification prescribed in Article 39, paragraph (2), before the day on which the person last became an insured person, the period during which the person was an insured person preceding the day of separation from service pertaining to the recipient qualification, recipient qualification for the elderly, or special recipient qualification;
the period during which the person was an insured person before the day two years preceding the day on which it was confirmed that the person had become an insured person pursuant to the provisions of Article 9 (for a person prescribed in Article 22, paragraph (5), the day specified by Order of the Ministry of Health, Labour and Welfare as the earliest time at which it is evident that an amount equivalent to the amount to be borne by the insured person prescribed in item (ii) of that paragraph had been deducted from the wages paid to that person); and
in the case where the insured person has received payment of educational training leave benefits, the period during which the person was an insured person before the leave commencement day prescribed in Article 60-3, paragraph (1).
With regard to the application of the provisions of paragraph (1) in the case where the insured period calculated pursuant to the provisions of the preceding two paragraphs is less than 12 months (six months, in the case where the terms are replaced pursuant to paragraph (2) of the preceding Article), the phrase "periods with 11 or more days as basis of the payment of wages" in paragraph (1) is deemed to be replaced with "periods with 11 or more days as basis of the payment of wages or with 80 or more hours as basis of the payment of wages", and the phrase "is 11 days or more" with "is 11 days or more or the number of hours in the period based on which payment of wages was made is 80 hours or more".
Article 15Recognition of Unemployment
第十五条(失業の認定)
The basic allowance is be paid for the days on which a person who has recipient qualifications (hereinafter referred to as a "qualified recipient" except for the following Section to Section 4) is unemployed (limited to those days for which the recognition of their unemployment has been obtained; hereinafter the same applies in this Subsection).
基本手当は、受給資格を有する者(次節から第四節までを除き、以下「受給資格者」という。)が失業している日(失業していることについての認定を受けた日に限る。以下この款において同じ。)について支給する。
A qualified recipient who seeks to obtain the recognition of unemployment set forth in the preceding paragraph (hereinafter referred to as the "recognition of unemployment" in this Subsection) must, after separation from service, make an appearance at the Public Employment Security Office and apply for employment as prescribed by Order of the Ministry of Health, Labour and Welfare.
The recognition of unemployment is to be given by the Public Employment Security Office to which a qualified recipient has applied for employment, once every four weeks calculated from the day on which the person first made an appearance after separation from service, with regard to each day of the immediately preceding 28 days; provided, however, that the Minister of Health, Labour and Welfare may specify differently with regard to the recognition of unemployment for qualified recipients who take public vocational training, etc. designated by the chief of the Public Employment Security Office (meaning vocational training (including training conducted by the Polytechnic University) conducted by Public Human Resources Development Centers established by the State, prefectures or municipalities or the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers, accredited vocational training prescribed in Article 4, paragraph (2) of the Act on Support for the Employment of Specified Job Seekers through Implementation of Vocational Training, etc. (Act No. 47 of 2011) (excluding that specified by Order of the Ministry of Health, Labour and Welfare), and other training or courses given pursuant to the provisions of laws and regulations, for assisting unemployed persons in adapting to the working environment or for having them acquire the knowledge and skills necessary for obtaining employment and that are specified by Cabinet Order; the same applies hereinafter) and for other qualified recipients specified by Order of the Ministry of Health, Labour and Welfare.
失業の認定は、求職の申込みを受けた公共職業安定所において、受給資格者が離職後最初に出頭した日から起算して四週間に一回ずつ直前の二十八日の各日について行うものとする。ただし、厚生労働大臣は、公共職業安定所長の指示した公共職業訓練等(国、都道府県及び市町村並びに独立行政法人高齢・障害・求職者雇用支援機構が設置する公共職業能力開発施設の行う職業訓練(職業能力開発総合大学校の行うものを含む。)、職業訓練の実施等による特定求職者の就職の支援に関する法律(平成二十三年法律第四十七号)第四条第二項に規定する認定職業訓練(厚生労働省令で定めるものを除く。)その他法令の規定に基づき失業者に対して作業環境に適応することを容易にさせ、又は就職に必要な知識及び技能を習得させるために行われる訓練又は講習であつて、政令で定めるものをいう。以下同じ。)を受ける受給資格者その他厚生労働省令で定める受給資格者に係る失業の認定について別段の定めをすることができる。
Notwithstanding the provisions of the preceding two paragraphs, if a qualified recipient falls under any of the following items, the recipient may obtain the recognition of unemployment by submitting a certificate in which the reason that they were unable to make an appearance at the Public Employment Security Office is stated, as prescribed by Order of the Ministry of Health, Labour and Welfare:
when the recipient was unable to make an appearance at the Public Employment Security Office due to disease or injury and the period thereof has been less than 15 consecutive days;
疾病又は負傷のために公共職業安定所に出頭することができなかつた場合において、その期間が継続して十五日未満であるとき。
when the recipient was unable to make an appearance at the Public Employment Security Office on account of undergoing an interview with a job offerer to whom they were referred to by the Public Employment Security Office;
公共職業安定所の紹介に応じて求人者に面接するために公共職業安定所に出頭することができなかつたとき。
when the recipient was unable to make an appearance at the Public Employment Security Office on account of receiving public vocational training, etc., designated by the Chief of the Public Employment Security Office; or
公共職業安定所長の指示した公共職業訓練等を受けるために公共職業安定所に出頭することができなかつたとき。
when the recipient was unable to make an appearance at the Public Employment Security Office on account of a natural disaster or other unavoidable reasons.
天災その他やむを得ない理由のために公共職業安定所に出頭することができなかつたとき。
The recognition of unemployment is to be given by confirming that the qualified recipient has carried out job-seeking activities, such as undergoing an interview with a job offerer, having been referred to employment by or having received vocational guidance from the Public Employment Security Office and other employment security agencies or employment placement service providers, etc., as prescribed by Order of the Ministry of Health, Labour and Welfare.
Article 16Daily Amount of the Basic Allowance
第十六条(基本手当の日額)
The daily amount of the basic allowance is to be an amount obtained by multiplying the daily amount of wages by 50 percent (for daily amount of wages of 2,460 yen or more and less than 4,920 yen (when the amount has been changed pursuant to the provisions of Article 18, the changed amount), 80 percent; and for daily amount of wages of 4,920 yen or more and 12,090 yen or less (when the amount has been changed pursuant to the provisions of Article 18, the changed amount), the percentage specified by Order of the Ministry of Health, Labour and Welfare, gradually decreasing within the range of 80 percent to 50 percent, in accordance with the increase in the daily amount of wages).
With regard to the application of the provisions of the preceding paragraph to qualified recipients who are 60 years old or older and under 65 years old on the day of separation from service pertaining to their recipient qualification, the term "50 percent" in the same paragraph is deemed to be replaced with "45 percent" and the phrase "4,920 yen or more and 12,090 yen or less" is deemed to be replaced with "4,920 yen or more and 10,880 yen or less."
Article 17Daily Amount of Wages
第十七条(賃金日額)
The daily amount of wages is to be the amount obtained by dividing by 180 the total amount of wages (excluding wages paid temporarily and wages paid for each period exceeding three months; the same applies in the following paragraph, Section 6 and the following Chapter) paid during the last six months in the period for calculation that have been counted as the insured period under the provisions of Article 14 (excluding the proviso of paragraph (1)).
In the case where the amount calculated under the provisions of the preceding paragraph is less than the amount listed in each of the following items, the daily amount of wages is to be the amount listed in the respective items, notwithstanding the provisions of the preceding paragraph:
in the case where wages are calculated by the days or hours worked, or are determined on a piece-rate or other contract systems, the amount equivalent to 70 percent of the amount obtained by dividing the total amount of wages paid during the last six months prescribed in the preceding paragraph by the number of days worked during the last six months; and
in the case where a portion of wages is fixed by the month, the week or any other set period, the total of the amount obtained by dividing the total sum of the portion by the number of days in that period (where a portion of wages is fixed by the month, a month is regarded as 30 days for the calculation) and the amount listed in the preceding item.
When it is difficult to calculate the daily amount of wages pursuant to the provisions of the preceding two paragraphs or when it is found inappropriate to consider the amount calculated pursuant to the provisions of the preceding two paragraphs to be the daily amount of wages, the amount calculated as specified by the Minister of Health, Labour and Welfare is to be the daily amount of wages.
前二項の規定により賃金日額を算定することが困難であるとき、又はこれらの規定により算定した額を賃金日額とすることが適当でないと認められるときは、厚生労働大臣が定めるところにより算定した額を賃金日額とする。
Notwithstanding the provisions of the preceding three paragraphs, in the case where the daily amount of wages calculated under these provisions is less than the amount listed in item (i), the amount listed therein, and in the case where such daily amount of wages exceeds the amount listed in item (ii), the amount listed therein, is to be the daily amount of wages, respectively:
the amount of 2,460 yen (when the amount has been changed pursuant to the provisions of the following Article, the changed amount);
二千四百六十円(その額が次条の規定により変更されたときは、その変更された額)
the amounts specified in the following sub-items (a) through (d) in accordance with the classification of qualified recipients listed in those sub-items (a) through (d) (when these amounts have been changed pursuant to the provisions of the following Article, the changed amounts, respectively):
次のイからニまでに掲げる受給資格者の区分に応じ、当該イからニまでに定める額(これらの額が次条の規定により変更されたときは、それぞれその変更された額)
a qualified recipient who is 60 years old or older and under 65 years old on the day of separation from service pertaining to recipient qualification:15,590 yen;
受給資格に係る離職の日において六十歳以上六十五歳未満である受給資格者 一万五千五百九十円
a qualified recipient who is 45 years old or older and under 60 years old on the day of separation from service pertaining to recipient qualification:16,340 yen;
受給資格に係る離職の日において四十五歳以上六十歳未満である受給資格者 一万六千三百四十円
a qualified recipient who is 30 years old or older and under 45 years old on the day of separation from service pertaining to recipient qualification:14,850 yen; and
受給資格に係る離職の日において三十歳以上四十五歳未満である受給資格者 一万四千八百五十円
a qualified recipient who is under 30 years old on the day of separation from service pertaining to recipient qualification:13,370 yen.
受給資格に係る離職の日において三十歳未満である受給資格者 一万三千三百七十円
第十八条(基本手当の日額の算定に用いる賃金日額の範囲等の自動的変更)
When the average earnings (meaning the average amount earned per worker calculated as prescribed by Order of the Ministry of Health, Labour and Welfare, based on the average regular earnings for workers indicated in the Monthly Labor Statistics compiled by the Ministry of Health, Labour and Welfare, the same applies hereinafter) for a fiscal year (meaning April 1 to March 31 of the following year, the same applies hereinafter) have either exceeded or fallen below the average earnings for the fiscal year starting on April 1, 2015 (when the amount subject to automatic changing has been changed pursuant to the provisions of this Article, the fiscal year preceding the fiscal year when the latest change was implemented), the Minister of Health, Labour and Welfare must change the amount subject to automatic changing applicable from August 1 of the following fiscal year in accordance with the percentage of the increase or decrease.
厚生労働大臣は、年度(四月一日から翌年の三月三十一日までをいう。以下同じ。)の平均給与額(厚生労働省において作成する毎月勤労統計における労働者の平均定期給与額を基礎として厚生労働省令で定めるところにより算定した労働者一人当たりの給与の平均額をいう。以下同じ。)が平成二十七年四月一日から始まる年度(この条の規定により自動変更対象額が変更されたときは、直近の当該変更がされた年度の前年度)の平均給与額を超え、又は下るに至つた場合においては、その上昇し、又は低下した比率に応じて、その翌年度の八月一日以後の自動変更対象額を変更しなければならない。
If there is a fractional amount of one to four yen in the amount subject to automatic changing which was changed pursuant to the provisions of the preceding paragraph, the amount is to be rounded down to the nearest ten yen, and a fractional amount of five to nine yen is to be rounded up to the nearest ten yen.
Of the amounts subject to automatic changing applicable from August 1 of each fiscal year as calculated based on the provisions of the preceding two paragraphs, any amount that does not reach the minimum daily wage amount (meaning the amount calculated by the calculation method specified by Order of the Ministry of Health, Labour and Welfare based on the amount of the regional minimum wage (meaning the regional minimum wage prescribed in Article 9, paragraph (1) of the Minimum Wage Act (Act No. 137 of 1959)) in effect on April 1 of that fiscal year) is to be that minimum daily wage amount from August 1 of that fiscal year.
前二項の規定に基づき算定された各年度の八月一日以後に適用される自動変更対象額のうち、最低賃金日額(当該年度の四月一日に効力を有する地域別最低賃金(最低賃金法(昭和三十四年法律第百三十七号)第九条第一項に規定する地域別最低賃金をいう。)の額を基礎として厚生労働省令で定める算定方法により算定した額をいう。)に達しないものは、当該年度の八月一日以後、当該最低賃金日額とする。
"The amount subject to automatic changing" referred to in the preceding three paragraphs means the amounts used in calculating the daily amount of the basic allowance pursuant to the provisions of Article 16, paragraph (1) (including as applied pursuant to paragraph (2) of the same Article, following the deemed replacement of terms), being the daily wage in the scope of 2,460 yen or more and less than 4,920 yen, which is multiplied by 80 percent pursuant to the provisions of paragraph (1) of the same Article and the daily wage in the scope of 4,920 yen or more and 12,090 yen or less, which is multiplied by a rate from 80 percent to 50 percent pursuant to the provisions of the same paragraph and the amounts listed in each item of paragraph (4) of the preceding Article.
If a qualified recipient has earned an income through labor during a period for which the recipient has obtained the recognition of unemployment, payment of the basic allowance for the number of days on which the income have been based (hereinafter referred to as the "number of basis days" in this paragraph) is as specified by the following provisions:
受給資格者が、失業の認定に係る期間中に自己の労働によつて収入を得た場合には、その収入の基礎となつた日数(以下この項において「基礎日数」という。)分の基本手当の支給については、次に定めるところによる。
when the total of the amount obtained by deducting 1,282 yen (when the amount has been revised pursuant to the provisions of the following paragraph, the revised amount; referred to as the "amount of deduction" in that paragraph), from the amount equivalent to the amount of income for one day (meaning the amount obtained by dividing the total income by the number of basis days) and adding the daily amount of the basic allowance (referred to as the "total amount" in the following item) does not exceed an amount equivalent to 80 percent of the daily amount of wages:the amount obtained by multiplying the daily amount of the basic allowance by the number of basis days is to be paid;
when the total amount exceeds an amount equivalent to 80 percent of the daily amount of wages (excluding cases falling under the following item):the amount obtained by multiplying the remainder after deducting the amount of the excess (referred to as the "excess amount" in the following item) from the daily amount of the basic allowance by the number of basis days is to be paid; and
when the excess amount is equal to or more than the daily amount of the basic allowance:the basic allowance for the number of basis days is not to be paid.
超過額が基本手当の日額以上であるとき 基礎日数分の基本手当を支給しない。
When the average earnings for the fiscal year have exceeded or fallen below the average earnings for the fiscal year starting on April 1, 2015 (when the amount of deduction has been changed pursuant to the provisions of this paragraph, the fiscal year preceding the fiscal year when the latest change was implemented), the Minister of Health, Labour and Welfare must change the amount of deduction applicable from August 1 of the following fiscal year in accordance with the percentage of the increase or decrease.
When a qualified recipient has earned an income through labor during a period for which the recipient has obtained the recognition of unemployment, they must submit a notification on the amount of income and other matters to the chief of the Public Employment Security Office, as prescribed by Order of the Ministry of Health, Labour and Welfare.
受給資格者は、失業の認定を受けた期間中に自己の労働によつて収入を得たときは、厚生労働省令で定めるところにより、その収入の額その他の事項を公共職業安定所長に届け出なければならない。
Article 20Benefit Period and the Duration of Benefits
第二十条(支給の期間及び日数)
The basic allowance is paid, unless otherwise specified in this Act, in accordance with the classification of qualified recipients listed in the following items, for the days of unemployment within the period prescribed in each of those items (where a qualified recipient, who is unable to work for a continuous period of 30 days or more within the period due to pregnancy, childbirth or childcare or for other reasons specified by Order of the Ministry of Health, Labour and Welfare, has notified to that effect to the chief of the Public Employment Security Office as prescribed by Order of the Ministry of Health, Labour and Welfare, the number of days for which the person is unable to work due to those reasons are to be added to the period and where the total period after that addition exceeds four years, the prescribed period is to be four years), within the limit of the number of days equivalent to the prescribed duration of benefits provided for in Article 22, paragraph (1):
qualified recipients other than those listed in the following item and item (iii):one year calculated from the day after the day of separation from service pertaining to the recipient qualification for the basic allowance (hereinafter referred to as "the basis day" in this Subsection);
qualified recipients who fall under Article 22, paragraph (2), item (i) on the basis day:a period of 60 days added to one year calculated from the day after the basis day; and
基準日において第二十二条第二項第一号に該当する受給資格者 基準日の翌日から起算して一年に六十日を加えた期間
specific qualified recipients prescribed in Article 23, paragraph (2) who fall under Article 23, paragraph (1), item (ii), (a) on the basis day:a period of 30 days added to one year calculated from the day after the basis day.
基準日において第二十三条第一項第二号イに該当する同条第二項に規定する特定受給資格者 基準日の翌日から起算して一年に三十日を加えた期間
When a qualified recipient whose separation from service pertaining to the recipient qualification is due to reaching retirement age (limited to the retirement age equal to or exceeding the age specified by Order of the Ministry of Health, Labour and Welfare) or for any other reasons specified by Order of the Ministry of Health, Labour and Welfare, does not wish to apply for employment as prescribed in Article 15, paragraph (2) during a certain period after the separation from service, and notifies to this effect to the chief of the Public Employment Security Office as prescribed by Order of the Ministry of Health, Labour and Welfare, the phrases "in accordance with the classification of qualified recipient listed in the following items...within the period prescribed in each of those items" and "within the period" in the preceding paragraph are deemed to be replaced, respectively, with "within the total of the period prescribed in each of the items and the period equivalent to a certain period (limited to one year) during which the recipient does not wish to apply for employment as prescribed in the following paragraph (where the recipient has applied for employment as prescribed in Article 15, paragraph (2) during the certain period in which they do not wish to apply for employment, the total of the period prescribed in each of those items and a period equivalent to the period from the day after the day of separation from service pertaining to recipient qualification for the basic allowance (hereinafter referred to as "the basis day" in this Subsection) until the day before the application for employment is made)" and "within the total period"; and the phrase "the day of separation from service pertaining to recipient qualification for the basic allowance (hereinafter referred to as "the basis day" in this Subsection)" in item (i) of the same paragraph is deemed to be replaced with "the basis day."
受給資格者であつて、当該受給資格に係る離職が定年(厚生労働省令で定める年齢以上の定年に限る。)に達したことその他厚生労働省令で定める理由によるものであるものが、当該離職後一定の期間第十五条第二項の規定による求職の申込みをしないことを希望する場合において、厚生労働省令で定めるところにより公共職業安定所長にその旨を申し出たときは、前項中「次の各号に掲げる受給資格者の区分に応じ、当該各号に定める期間」とあるのは「次の各号に掲げる受給資格者の区分に応じ、当該各号に定める期間と、次項に規定する求職の申込みをしないことを希望する一定の期間(一年を限度とする。)に相当する期間を合算した期間(当該求職の申込みをしないことを希望する一定の期間内に第十五条第二項の規定による求職の申込みをしたときは、当該各号に定める期間に当該基本手当の受給資格に係る離職の日(以下この款において「基準日」という。)の翌日から当該求職の申込みをした日の前日までの期間に相当する期間を加算した期間)」と、「当該期間内」とあるのは「当該合算した期間内」と、同項第一号中「当該基本手当の受給資格に係る離職の日(以下この款において「基準日」という。)」とあるのは「基準日」とする。
In the case referred to in the preceding two paragraphs, when a person who has the recipient qualification referred to in paragraph (1) (hereinafter referred to as "previous recipient qualification" in this paragraph) has newly obtained a recipient qualification, a recipient qualification for the elderly prescribed in Article 37-3, paragraph (2), or a special recipient qualification prescribed in Article 39, paragraph (2) during the period under the provisions of the preceding two paragraphs, the basic allowance based on the previous recipient qualification will not be paid from the date of obtaining the new qualification.
前二項の場合において、第一項の受給資格(以下この項において「前の受給資格」という。)を有する者が、前二項の規定による期間内に新たに受給資格、第三十七条の三第二項に規定する高年齢受給資格又は第三十九条第二項に規定する特例受給資格を取得したときは、その取得した日以後においては、前の受給資格に基づく基本手当は、支給しない。
Article 20-2Special Provisions Concerning the Benefit Period
第二十条の二(支給の期間の特例)
If a qualified recipient who has commenced a business after the basis day (excluding a business whose period of implementation is less than 30 days and other businesses specified by Order of the Ministry of Health, Labour and Welfare), or a person specified by Order of the Ministry of Health, Labour and Welfare as equivalent thereto, has notified the chief of the Public Employment Security Office to that effect as prescribed by Order of the Ministry of Health, Labour and Welfare, the period of implementation of the business (excluding, where the number of days in the period of implementation exceeds the number of days obtained by deducting the number of days in the period calculated pursuant to the provisions of paragraphs (1) and (2) of the preceding Article from four years, the number of days in excess) is not to be included in the period under the provisions of paragraphs (1) and (2) of that Article.
第二十一条(待期)
The basic allowance is not paid if a qualified recipient has been unemployed for a period of less than seven days in total (including days on which the recipient is unable to work on account of disease or injury) from the day of the first application for employment to the Public Employment Security Office after separation from service pertaining to the recipient qualification for the basic allowance.
Article 22Prescribed Duration of Benefits
第二十二条(所定給付日数)
The number of days for which the basic allowance is payable based on single recipient qualification (hereinafter referred to as the "prescribed duration of benefits") is to be the number of days specified in each of the following items in accordance with the classification of qualified recipients listed in the respective items:
一の受給資格に基づき基本手当を支給する日数(以下「所定給付日数」という。)は、次の各号に掲げる受給資格者の区分に応じ、当該各号に定める日数とする。
qualified recipients with a basic period for calculation of 20 years or more:150 days;
算定基礎期間が二十年以上である受給資格者 百五十日
qualified recipients with a basic period for calculation of 10 years or more and less than 20 years:120 days; and
算定基礎期間が十年以上二十年未満である受給資格者 百二十日
qualified recipients with a basic period for calculation of less than 10 years:90 days.
算定基礎期間が十年未満である受給資格者 九十日
Notwithstanding the provisions of the preceding paragraph, the prescribed duration of benefits for qualified recipients set forth in the preceding paragraph who have difficulty in finding employment for reasons specified by Order of the Ministry of Health, Labour and Welfare is to be the number of days specified in the following items in accordance with the classification of qualified recipients listed in those items for those with a basic period for calculation equal to or exceeding one year, and 150 days for those with a basic period for calculation of less than one year:
qualified recipients who are 45 years old or older and under 65 years old on the basis day:360 days; and
基準日において四十五歳以上六十五歳未満である受給資格者 三百六十日
qualified recipients who are under 45 years old on the basis day:300 days.
基準日において四十五歳未満である受給資格者 三百日
The basic period for calculation referred to in the preceding two paragraphs is to be the period in which a qualified recipient specified in those provisions has been employed as an insured person in a covered undertaking by the same employer continuously until the basis day (for a person who had at one time been an insured person before the person became an insured person pertaining to the employment period, the total of that employment period and the period for which they were the insured person); provided, however, that in the case where the period includes periods listed in the following items, the period is to be that calculated by excluding all the periods falling under the periods listed in those respective items:
when the employment period or the day on which a person most recently ceased to be an insured person immediately preceding the day on which the person became an insured person pertaining to the insured period, is not within the one-year period preceding the day on which the person became an insured person, the insured period preceding that immediately preceding the day on which the person most recently ceased to be an insured person; and
当該雇用された期間又は当該被保険者であつた期間に係る被保険者となつた日の直前の被保険者でなくなつた日が当該被保険者となつた日前一年の期間内にないときは、当該直前の被保険者でなくなつた日前の被保険者であつた期間
for those who had received the basic allowance or a special lump sum payment before the day on which they became insured persons pertaining to the employment period, the period during which they were insured persons before the day of their separation from service pertaining to the recipient qualification for these benefits or to the special recipient qualification prescribed in Article 39, paragraph (2).
for those who have received payment of educational training leave benefits, the period during which they were insured persons before the leave commencement day prescribed in Article 60-3, paragraph (1) and the period of the leave for which those benefits were paid; and
for those who have received payment of childcare leave benefits or parental leave benefits, the period of the leave for which those benefits were paid.
育児休業給付金又は出生時育児休業給付金の支給を受けたことがある者については、これらの給付金の支給に係る休業の期間
With regard to a single insured period, if the day on which a person became an insured person was before the day two years preceding the day on which confirmation of the person's status as an insured person was made pursuant to the provisions of Article 9, the calculations under the preceding paragraph are to be carried out by deeming that the person has become an insured person on the day two years preceding the day of the confirmation.
With regard to the application of the provisions of the preceding paragraph to a person who satisfies all of the following requirements (excluding a person who knew of the fact prescribed in item (i)), the phrase "the day two years preceding the day of the confirmation" in that paragraph is deemed to be replaced with "the day specified by Order of the Ministry of Health, Labour and Welfare as the earliest time at which it is evident that an amount equivalent to the amount to be borne by the insured person prescribed in item (ii) of the following paragraph had been deducted from the wages paid to that person".
the notification under the provisions of Article 7 had not been made with regard to the person; and
その者に係る第七条の規定による届出がされていなかつたこと。
there is a time before the day two years preceding the day on which it was confirmed pursuant to the provisions of Article 9 that the person had become an insured person, at which it is evident, based on the documents specified by Order of the Ministry of Health, Labour and Welfare, that an amount equivalent to the amount to be borne by the insured person had been deducted from the wages paid to the person pursuant to the provisions of Article 32, paragraph (1) of the Premiums Collection Act.
第二十三条
Notwithstanding the provisions of paragraph (1) of the preceding Article, the prescribed duration of benefits for specific qualified recipients (limited to those with the basic period for calculation prescribed in paragraph (3) of the preceding Article (hereinafter simply referred to as "basic period for calculation" in this Article) for one year or more (or for five years for the specific qualified recipients listed in item (v)) is to be the number of days specified in the following items, in accordance with the classification of the specific qualified recipients listed in those items:
specific qualified recipients who are 60 years old or older and under 65 years old on the basis day: the number of days specified in the following sub-items (a) through (d), in accordance with the classification of the basic periods for calculation listed in those sub-items (a) through (d):
twenty years or more:240 days;
二十年以上 二百四十日
ten years or more and less than twenty years:210 days;
十年以上二十年未満 二百十日
five years or more and less than ten years:180 days; and
五年以上十年未満 百八十日
one year or more and less than five years:150 days;
一年以上五年未満 百五十日
specific qualified recipients who are 45 years old or older and under 60 years old on the basis day: the number of days specified in the following sub-items (a) through (d), in accordance with the classification of the basic periods for calculation listed in those subitems (a) through (d):
twenty years or more:330 days;
二十年以上 三百三十日
ten years or more and less than twenty years:270 days;
十年以上二十年未満 二百七十日
five years or more and less than ten years:240 days; and
五年以上十年未満 二百四十日
one year or more and less than five years:180 days.
一年以上五年未満 百八十日
specific qualified recipients who are 35 years old or older and under 45 years old on the basis day: the number of days specified in the following sub-items (a) through (d), in accordance with the classification of the basic periods for calculation listed in those sub-items (a) through (d):
twenty years or more:270 days;
二十年以上 二百七十日
ten years or more and less than twenty years:240 days; and
十年以上二十年未満 二百四十日
five years or more and less than ten years:180 days.
五年以上十年未満 百八十日
one year or more and less than five years:150 days;
一年以上五年未満 百五十日
specific qualified recipients who are 30 years old or older and under 35 years old on the basis day: the number of days specified in the following sub-items (a) through (d), in accordance with the classification of the basic periods for calculation listed in those sub-items (a) through (d):
twenty years or more:240 days;
二十年以上 二百四十日
ten years or more and less than twenty years:210 days; and
十年以上二十年未満 二百十日
five years or more and less than ten years:180 days.
五年以上十年未満 百八十日
one year or more and less than five years:120 days;
一年以上五年未満 百二十日
specific qualified recipients who are under 30 years old on the basis day: the number of days specified in the following sub-item (a) or (b), in accordance with the classification of the basic periods for calculation listed in those sub-item (a) or (b):
ten years or more:180 days; and
十年以上 百八十日
five years or more and less than ten years:120 days.
五年以上十年未満 百二十日
The specific qualified recipients set forth in the preceding paragraph are qualified recipients who fall under either of the following items (excluding qualified recipients prescribed in paragraph (2) of the preceding Article):
persons whose separation from service pertaining to recipient qualification for the basic allowance has been designated by Order of the Ministry of Health, Labour and Welfare as having accompanied the insolvency (meaning the commencement of bankruptcy proceedings, commencement of rehabilitation proceedings, commencement of reorganization proceedings, an application for the commencement of special liquidation or other situations falling under reasons specified by Order of the Ministry of Health, Labour and Welfare; the same applies in Article 57, paragraph (2), item (i) and Article 60-4, paragraph (2), item (i)) that occurred with regard to the undertaking by an employer who has been employing the persons, or the downsizing or discontinuance of a covered undertaking by the employer;
当該基本手当の受給資格に係る離職が、その者を雇用していた事業主の事業について発生した倒産(破産手続開始、再生手続開始、更生手続開始又は特別清算開始の申立てその他厚生労働省令で定める事由に該当する事態をいう。第五十七条第二項第一号及び第六十条の四第二項第一号において同じ。)又は当該事業主の適用事業の縮小若しくは廃止に伴うものである者として厚生労働省令で定めるもの
beyond what is set forth in the preceding item, persons who have been dismissed (excluding those who have been dismissed for serious grounds attributable to themselves; the same applies in Article 57, paragraph (2), item (ii) and Article 60-4, paragraph (2), item (ii)) or separated from service for other reasons specified by Order of the Ministry of Health, Labour and Welfare.
前号に定めるもののほか、解雇(自己の責めに帰すべき重大な理由によるものを除く。第五十七条第二項第二号及び第六十条の四第二項第二号において同じ。)その他の厚生労働省令で定める理由により離職した者
Article 24Extended Training Benefits
第二十四条(訓練延長給付)
When a qualified recipient takes public vocational training, etc. as directed by the Chief of the Public Employment Security Office (excluding the training, etc. that exceeds the duration specified by Cabinet Order; hereinafter the same applies in this Article, Article 36, paragraphs (1) and (2), and Article 41, paragraph (1)), the basic allowance may be paid to the person for a period in excess of the prescribed duration of benefits (if the number of days for which the qualified recipient has received payment of the basic allowance within the period under Article 20, paragraphs (1) and (2) is less than the prescribed duration of benefits, the number of days for which the recipient has received payment of the basic allowance; hereinafter the same applies in this Section, except for Article 33, paragraph (3)), with regard to days when the person is unemployed during the duration of the public vocational training, etc. (including period of time that the person spends waiting in order to receive the public vocational training, etc. (limited to the period specified by Cabinet Order)).
受給資格者が公共職業安定所長の指示した公共職業訓練等(その期間が政令で定める期間を超えるものを除く。以下この条、第三十六条第一項及び第二項並びに第四十一条第一項において同じ。)を受ける場合には、当該公共職業訓練等を受ける期間(その者が当該公共職業訓練等を受けるため待期している期間(政令で定める期間に限る。)を含む。)内の失業している日について、所定給付日数(当該受給資格者が第二十条第一項及び第二項の規定による期間内に基本手当の支給を受けた日数が所定給付日数に満たない場合には、その支給を受けた日数。第三十三条第三項を除き、以下この節において同じ。)を超えてその者に基本手当を支給することができる。
When the chief of the Public Employment Security Office finds, in light of criteria specified by Cabinet Order, that a qualified recipient receiving public vocational training, etc. they directed to undergo (limited to qualified recipients for whom the remaining number of basic allowance benefit days as on the day of completion of the public vocational training, etc. (meaning the number of days for which the basic allowance is payable within the period from the day after the day of completion of the course of public vocational training, etc. to the last day of the benefit period (meaning the period for which the basic allowance is payable for days they are unemployed within the period; the same applies hereinafter) in the case where the provisions of paragraph (4) are considered not to apply; hereinafter the same applies in this paragraph and paragraph (4)) is less than the number of days specified by Cabinet Order), is a person who has considerable difficulty in finding employment even after completion of the public vocational training, etc., the basic allowance may be paid to that person in excess of the prescribed duration of benefits with regard to the days they are unemployed within the period prescribed in paragraph (4). In this case, the number of days for which the basic allowance is payable in excess of the prescribed duration of benefits is limited to the number of days obtained by deducting the remaining number of benefit days from the number of days specified by Cabinet Order as prescribed in the first sentence of this paragraph.
公共職業安定所長が、その指示した公共職業訓練等を受ける受給資格者(その者が当該公共職業訓練等を受け終わる日における基本手当の支給残日数(当該公共職業訓練等を受け終わる日の翌日から第四項の規定の適用がないものとした場合における受給期間(当該期間内の失業している日について基本手当の支給を受けることができる期間をいう。以下同じ。)の最後の日までの間に基本手当の支給を受けることができる日数をいう。以下この項及び第四項において同じ。)が政令で定める日数に満たないものに限る。)で、政令で定める基準に照らして当該公共職業訓練等を受け終わつてもなお就職が相当程度に困難な者であると認めたものについては、同項の規定による期間内の失業している日について、所定給付日数を超えてその者に基本手当を支給することができる。この場合において、所定給付日数を超えて基本手当を支給する日数は、前段に規定する政令で定める日数から支給残日数を差し引いた日数を限度とするものとする。
When a qualified recipient who receives payment of the basic allowance pursuant to the provisions of paragraph (1) takes public vocational training, etc. as directed by the chief of the Public Employment Security Office in excess of the duration of benefits prescribed in Article 20, paragraphs (1) and (2), that person's benefit period is to be the period until the day of completion of the public vocational training, etc., notwithstanding these provisions.
Notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for a qualified recipient who receives payment of the basic allowance under the provisions of paragraph (2) is to be the period obtained by adding to the period specified in these provisions the number of days obtained by deducting the remaining number of benefit days from the number of days specified by Cabinet Order as prescribed in the first sentence of paragraph (2) of this Article (for persons who take public vocational training, etc. as directed by the chief of the Public Employment Security Office in excess of the duration of benefits prescribed in paragraphs (1) and (2) of the same Article and who are qualified to receive payment of the basic allowance pursuant to the provisions of paragraph (1), with regard to the day of completion of the public vocational training, etc., the period from that day until the day on which the number of days specified by Cabinet Order as prescribed in the first sentence of paragraph (2) have elapsed).
Article 24-2Individual Extended Benefits
第二十四条の二(個別延長給付)
With regard to qualified recipients other than the qualified recipients who have difficulty in finding employment prescribed in Article 22, paragraph (2), who are persons separated from service for specific reasons prescribed in Article 13, paragraph (3) (limited to those specified by Order of the Ministry of Health, Labour and Welfare) or specific qualified recipients prescribed in Article 23, paragraph (2), who fall under any of the following items, and for whom the chief of the Public Employment Security Office has found it appropriate, in light of the criteria specified by Order of the Ministry of Health, Labour and Welfare (referred to as the "guidance criteria" in the following paragraph), to give the vocational guidance necessary for facilitating re-employment, the basic allowance may be paid in excess of the prescribed duration of benefits with regard to the days of unemployment (limited to days for which the recognition of unemployment has been obtained) within the period under the provisions of paragraph (4).
persons whose mental and physical condition falls under the criteria specified by Order of the Ministry of Health, Labour and Welfare;
心身の状況が厚生労働省令で定める基準に該当する者
persons who were forced into separation from service because the covered undertaking in which they had been employed suffered damage from a disaster designated by Cabinet Order as a disaster of extreme severity pursuant to the provisions of Article 2 of the Act on Special Financial Support to Deal with the Designated Disaster of Extreme Severity (Act No. 150 of 1962; hereinafter referred to as the "Extreme Disaster Support Act" in this paragraph) (referred to as a "disaster of extreme severity" in the following item), or persons deemed to have separated from service pursuant to the provisions of Article 25, paragraph (3) of the Extreme Disaster Support Act, who reside within an area designated by the Minister of Health, Labour and Welfare as an area in which it is found, in light of the standards specified by Cabinet Order, to be particularly difficult to find employment; and
persons who were forced into separation from service because the covered undertaking in which they had been employed suffered damage from a disaster of extreme severity or other disaster (limited to disasters specified by Order of the Ministry of Health, Labour and Welfare), or persons deemed to have separated from service pursuant to the provisions of Article 25, paragraph (3) of the Extreme Disaster Support Act (excluding persons who fall under the preceding item).
With regard to qualified recipients who have difficulty in finding employment prescribed in Article 22, paragraph (2), who fall under item (ii) of the preceding paragraph, and for whom the chief of the Public Employment Security Office has found it appropriate, in light of the guidance criteria, to give the vocational guidance necessary for facilitating re-employment, the basic allowance may be paid in excess of the prescribed duration of benefits with regard to the days of unemployment (limited to days for which the recognition of unemployment has been obtained) within the period under the provisions of paragraph (4).
In the cases referred to in the preceding two paragraphs, the number of days for which the basic allowance is payable in excess of the prescribed duration of benefits is to be limited to the number of days specified in the following items in accordance with the classification of qualified recipients listed in the respective items:
qualified recipients who fall under paragraph (1) (limited to items (i) and (iii)) or the preceding paragraph:60 days (30 days for qualified recipients whose prescribed duration of benefits falls under Article 23, paragraph (1), item (ii), (a) or item (iii), (a)); and
qualified recipients who fall under paragraph (1) (limited to item (ii)):120 days (90 days for qualified recipients whose prescribed duration of benefits falls under Article 23, paragraph (1), item (ii), (a) or item (iii), (a)).
第一項(第二号に限る。)に該当する受給資格者 百二十日(所定給付日数が第二十三条第一項第二号イ又は第三号イに該当する受給資格者にあつては、九十日)
Notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for a qualified recipient who receives payment of the basic allowance under the provisions of paragraph (1) or (2) (hereinafter referred to as the "individual extended benefits") is to be the period obtained by adding the number of days prescribed in the preceding paragraph to the period specified in these provisions.
Article 25Wide Area Extended Benefits
第二十五条(広域延長給付)
When the Minister of Health, Labour and Welfare finds that it is difficult for job applicants residing in a certain area to find employment in the area, based on employment and other conditions in the area, has formulated plans to promote the employment of the job applicants in other areas and has had the relevant Prefectural Labor Director and the chief of the Public Employment Security Offices carry out employment placement activities over a wide area based on these plans (hereinafter referred to as "wide area employment placement activities" in this Article), and also finds it necessary in light of the standards specified by Cabinet Order for the area covered by the wide area employment placement activities, the Minister may make a decision on the measures for paying the basic allowance to qualified recipients whom the chief of the Public Employment Security Office certifies to be appropriate to be referred to employment through wide area employment placement activities for the area, in excess of the prescribed duration of benefits, with regard to the days the applicants are unemployed within the period prescribed in paragraph (4), but limited to the period designated by the Minister. In this case, the number of days for which the basic allowance is payable in excess of the prescribed duration of benefits is to be limited to the number of benefit days specified by Cabinet Order.
厚生労働大臣は、その地域における雇用に関する状況等から判断して、その地域内に居住する求職者がその地域において職業に就くことが困難であると認める地域について、求職者が他の地域において職業に就くことを促進するための計画を作成し、関係都道府県労働局長及び公共職業安定所長に、当該計画に基づく広範囲の地域にわたる職業紹介活動(以下この条において「広域職業紹介活動」という。)を行わせた場合において、当該広域職業紹介活動に係る地域について、政令で定める基準に照らして必要があると認めるときは、その指定する期間内に限り、公共職業安定所長が当該地域に係る当該広域職業紹介活動により職業のあつせんを受けることが適当であると認定する受給資格者について、第四項の規定による期間内の失業している日について、所定給付日数を超えて基本手当を支給する措置を決定することができる。この場合において、所定給付日数を超えて基本手当を支給する日数は、政令で定める日数を限度とするものとする。
When a person who is qualified to receive payment of the basic allowance based on the measures set forth in the preceding paragraph (hereinafter referred to as the "wide area extended benefits") has changed their domicile or residence to a place within the area designated by the Minister of Health, Labour and Welfare, the basic allowance may continue to be paid based on the measures.
前項の措置に基づく基本手当の支給(以下「広域延長給付」という。)を受けることができる者が厚生労働大臣の指定する地域に住所又は居所を変更した場合には、引き続き当該措置に基づき基本手当を支給することができる。
In certifying whether or not a qualified recipient is appropriate for referral to employment through wide area employment placement activities, the certification of the chief of the Public Employment Security Office must conform to the standards specified by the Minister of Health, Labour and Welfare.
公共職業安定所長は、受給資格者が広域職業紹介活動により職業のあつせんを受けることが適当であるかどうかを認定するときは、厚生労働大臣の定める基準によらなければならない。
Notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for a qualified recipient who is to receive payment of the wide area extended benefits is to be the period obtained by adding the number of days specified by Cabinet Order as prescribed in the second sentence of paragraph (1) to the period specified in these provisions.
第二十六条
The basic allowance based on the measures referred to in paragraph (1) of the preceding Article is not paid to a qualified recipient who, on or after the day on which the decision on the measures was made, has relocated from another area to the area covered by the measures and has been found to have no special reason for the relocation.
前条第一項の措置が決定された日以後に他の地域から当該措置に係る地域に移転した受給資格者であつて、その移転について特別の理由がないと認められるものには、当該措置に基づく基本手当は、支給しない。
In certifying whether or not there is any special reason prescribed in the preceding paragraph, the certification is to be made by the chief of the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare.
前項に規定する特別の理由があるかどうかの認定は、公共職業安定所長が厚生労働大臣の定める基準に従つてするものとする。
Article 27National Extended Benefits
第二十七条(全国延長給付)
The Minister of Health, Labour and Welfare may, when there has been a severe nationwide worsening of unemployment situation reaching the standards specified by Cabinet Order, and the Minister finds it necessary from the perspective of employment prospects for qualified recipients, make a decision on measures to pay the basic allowance to qualified recipients in excess of the prescribed duration of benefits, for a limited period designated by the Minister, with regard to the days the recipients are unemployed within the period prescribed in paragraph (3). In this case, the number of days for which the basic allowance is payable in excess of the prescribed duration of benefits is to be limited to the number of days specified by Cabinet Order.
The Minister of Health, Labour and Welfare, when finding it necessary in light of the standards specified by Cabinet Order after having made a decision on the measures referred to in the preceding paragraph, may extend the period designated under the provisions of the preceding paragraph (when the period has been extended under the provisions of this paragraph, that extended period).
Notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for a qualified recipient who is qualified to receive payment of the basic allowance based on the measures referred to in paragraph (1) (hereinafter referred to as the "national extended benefits") is to be the period obtained by adding the number of days specified by Cabinet Order as prescribed in the second sentence of paragraph (1) to the period specified in these provisions.
Article 28Adjustment Concerning Extended Benefits
第二十八条(延長給付に関する調整)
With regard to qualified recipients receiving the individual extended benefits, unless payment of the individual extended benefits has ended, the wide area extended benefits, the national extended benefits and the training extended benefits (meaning payment of the basic allowance under the provisions of Article 24, paragraph (1) or paragraph (2); the same applies hereinafter) are not paid; with regard to qualified recipients receiving the wide area extended benefits, unless payment of the wide area extended benefits has ended, the national extended benefits and the training extended benefits are not paid; with regard to qualified recipients receiving the national extended benefits, unless payment of the national extended benefits has ended, the training extended benefits are not paid.
If it has been decided that the individual extended benefits, the wide area extended benefits or the national extended benefits are to be paid to a qualified recipient receiving the training extended benefits, the training extended benefits are not paid to the person when such extended benefits are being paid; if it has been decided that the individual extended benefits or the wide area extended benefits are to be paid to a qualified recipient receiving the national extended benefits, the national extended benefits are not paid to the person when such extended benefits are being paid; if it has been decided that the individual extended benefits are to be paid to a qualified recipient receiving the wide area extended benefits, the wide area extended benefits are not paid to the person when the individual extended benefits are being paid.
Beyond what is set forth in the preceding two paragraphs, the number of days for which the basic allowance is payable, the benefit period, and other matters necessary for the adjustment of extended benefits for qualified recipients who consecutively receive payment of various kinds of extended benefits prescribed in paragraph (1), are specified by Cabinet Order.
Article 29Restriction on Benefits When the Duration of Benefits Has Been Extended
第二十九条(給付日数を延長した場合の給付制限)
If a qualified recipient receiving the training extended benefits (limited to payment of the basic allowance under the provisions of Article 24, paragraph (2); the same applies in Article 32, paragraph (1)), the individual extended benefits, the wide area extended benefits, or the national extended benefits has refused, without legitimate grounds, to take up the employment which has been referred to by the Public Employment Security Office, to take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, or to receive the vocational guidance necessary for facilitating re-employment given by the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare, the basic allowance is not to be paid as from the date of the refusal; provided, however, that this does not apply when the person has newly obtained recipient qualification.
The chief of the Public Employment Security Office is to certify whether or not there are legitimate grounds prescribed in the preceding paragraph in accordance with the standards specified by the Minister of Health, Labour and Welfare.
前項に規定する正当な理由があるかどうかの認定は、公共職業安定所長が厚生労働大臣の定める基準に従つてするものとする。
Article 30Method and Date of Payment
第三十条(支給方法及び支給期日)
The basic allowance is to be paid once every four weeks, with regard to the days for which the recognition of unemployment has been given, as prescribed by Order of the Ministry of Health, Labour and Welfare; provided, however, that the Minister of Health, Labour and Welfare may specify differently for the payment of the basic allowance to qualified recipients who take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office and to other qualified recipients as specified by Order of the Ministry of Health, Labour and Welfare.
The chief of the Public Employment Security Office is to specify the date to pay the basic allowance to each qualified recipient and inform the recipient thereof.
公共職業安定所長は、各受給資格者について基本手当を支給すべき日を定め、その者に通知するものとする。
Article 31Procedures for Demanding Unpaid Basic Allowance
第三十一条(未支給の基本手当の請求手続)
A person, who demands under the provisions of Article 10-3, paragraph (1) for payment of the basic allowance for a period for which the recognition of unemployment could not be obtained due to the death of the qualified recipient, must obtain the recognition of unemployment for the qualified recipient pursuant to the provisions of Order of the Ministry of Health, Labour and Welfare.
If a qualified recipient set forth in the preceding paragraph falls under the provisions of Article 19, paragraph (1), the person who is to be paid the unpaid part of the basic allowance pursuant to the provisions of Article 10-3, paragraph (1) must, as prescribed by Order of the Ministry of Health, Labour and Welfare, notify the amount of income referred to in Article 19, paragraph (1) and other matters to the chief of the Public Employment Security Office.
Article 32Restriction on Benefits
第三十二条(給付制限)
If a qualified recipient (excluding one who is receiving the training extended benefits, individual extended benefits, wide area extended benefits, or national extended benefits; hereinafter the same applies in this Article) has refused to take up the employment which has been referred to by the Public Employment Security Office or to take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, the basic allowance is not to be paid for one month as from the date of the refusal; provided, however, that this does not apply to the case where the person falls under any of the following items:
when it is found that the occupation to which the qualified recipient has been referred, or the type of occupation for which they have been directed to take public vocational training, etc. is not appropriate in light of their abilities;
紹介された職業又は公共職業訓練等を受けることを指示された職種が、受給資格者の能力からみて不適当であると認められるとき。
when a change to the current domicile or residence would be required in order to take up the employment or take public vocational training, etc., and it is found that the change would be difficult;
就職するため、又は公共職業訓練等を受けるため、現在の住所又は居所を変更することを要する場合において、その変更が困難であると認められるとき。
when the wage offered by the employer is unjustifiably low in comparison to the general wage level of work for the same degree of skill in the same kind of business in the same area;
就職先の賃金が、同一地域における同種の業務及び同程度の技能に係る一般の賃金水準に比べて、不当に低いとき。
when the recipient has been referred to a place of business that falls under the provisions of Article 20 (excluding the proviso of paragraph (2)) of the Employment Security Act; or
職業安定法第二十条(第二項ただし書を除く。)の規定に該当する事業所に紹介されたとき。
when there is any other legitimate grounds.
その他正当な理由があるとき。
If a qualified recipient has refused, without legitimate grounds, to receive vocational guidance necessary for facilitating re-employment given by the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare, the basic allowance is not paid during the period specified by the chief of the Public Employment Security Office within a limit not exceeding one month calculated from the day of the refusal.
受給資格者が、正当な理由がなく、厚生労働大臣の定める基準に従つて公共職業安定所が行うその者の再就職を促進するために必要な職業指導を受けることを拒んだときは、その拒んだ日から起算して一箇月を超えない範囲内において公共職業安定所長の定める期間は、基本手当を支給しない。
The chief of the Public Employment Security Office is to certify whether a qualified recipient falls under any of the items of paragraph (1) and whether any legitimate grounds prescribed in the preceding paragraph exists, in accordance with the standards specified by the Minister of Health, Labour and Welfare.
第三十三条
If an insured person has been dismissed due to serious grounds attributable to themselves or has resigned voluntarily without legitimate grounds, the basic allowance is not to be paid for a period specified by the chief of the Public Employment Security Office of one month or more and three months or less, following the expiration of the period prescribed in Article 21; provided, however, that this does not apply to the following qualified recipients (limited, for those listed in item (i), to a period during which the person takes public vocational training, etc. as directed by the chief of the Public Employment Security Office and a period after the day of completion of the public vocational training, etc., and, for those listed in item (iii), to a period during which the person takes the training prescribed in item (ii) and a period after the day of completion of that training):
qualified recipients who take public vocational training, etc. as directed by the chief of the Public Employment Security Office (excluding those who fall under the following item);
qualified recipients who have taken the educational training prescribed in Article 60-2, paragraph (1) or other training specified by Order of the Ministry of Health, Labour and Welfare within one year before the basis day (limited to those who have resigned voluntarily without legitimate grounds; the same applies in the following item); and
qualified recipients who take the training prescribed in the preceding item on or after the basis day (excluding those who fall under that item).
The chief of the Public Employment Security Office is to certify whether or not a qualified recipient falls under any of the cases set forth in the preceding paragraph, in accordance with the standards specified by the Minister of Health, Labour and Welfare.
受給資格者が前項の場合に該当するかどうかの認定は、公共職業安定所長が厚生労働大臣の定める基準に従つてするものとする。
When the basic allowance is not payable under the provisions of paragraph (1) with regard to the separation from service pertaining to recipient qualification for the basic allowance and the period obtained by adding to the period in which the basic allowance is not payable the number of days specified by Order of the Ministry of Health, Labour and Welfare in the range of more than 7 days and less than 30 days and the number of days equivalent to the prescribed duration of benefits pertaining to the recipient qualification exceeds one year (a period obtained by adding 60 days to one year for a qualified recipient who falls under Article 22, paragraph (2), item (i) on the day of separation from service pertaining to recipient qualification for the basic allowance), notwithstanding the provisions of Article 20, paragraphs (1) and (2), the benefit period for the qualified recipient is to be the period obtained by adding to the period prescribed in these provisions the period in excess of one year.
With regard to qualified recipients falling under the provisions of the preceding paragraph, the term "Article 20, paragraphs (1) and (2)" in Article 24, paragraph (1) is deemed to be replaced with "Article 33, paragraph (3)."
When a qualified recipient falling under the provisions of paragraph (3) receives payment of the individual extended benefits, wide area extended benefits, national extended benefits, or training extended benefits, the necessary matters concerning adjustments of the benefit period for the person are specified by Order of the Ministry of Health, Labour and Welfare.
第三十四条
The basic allowance is not paid to a person who has received or attempted to receive payment of the job applicant benefits or employment promotion benefits by deception or other wrongful acts, as from the day on which the person received or attempted to receive payment of those benefits; provided, however, that if there are unavoidable circumstances, the whole or a part of the basic allowance may be paid.
偽りその他不正の行為により求職者給付又は就職促進給付の支給を受け、又は受けようとした者には、これらの給付の支給を受け、又は受けようとした日以後、基本手当を支給しない。ただし、やむを得ない理由がある場合には、基本手当の全部又は一部を支給することができる。
If a person prescribed in the preceding paragraph has newly obtained recipient qualification after the day prescribed in the same paragraph, the basic allowance based on the newly obtained qualification is to be paid, notwithstanding the provisions of the preceding paragraph.
Even if a qualified recipient has, because of having had payment of the basic allowance withheld under the provisions of paragraph (1), become unable to receive payment of the basic allowance for the entire number of benefit days for which the recipient would otherwise have been qualified to receive payment of the basic allowance based on the recipient qualification, with regard to the application of the provisions of Article 22, paragraph (3), it is deemed that the payment of the basic allowance based on the recipient qualification has been made.
If a qualified recipient has, because of having had payment of the basic allowance withheld under the provisions of paragraph (1), become unable to receive payment of the basic allowance, as from the day prescribed in the same paragraph, for the whole or a part of the number of benefit days for which the recipient would otherwise have been qualified to receive payment of the basic allowance based on the recipient qualification, with respect to the application of the provisions of Article 37, paragraph (4), it is deemed that the payment of the basic allowance for the number of benefit days for which it has been decided that the basic allowance is not payable has been made.
No English for this paragraph yet.
削除
Subsection 2 Skill Acquisition Allowance and Lodging Allowance
第二款 技能習得手当及び寄宿手当
第三十六条
When a qualified recipient takes a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, skill acquisition allowance is paid for the period of the course.
技能習得手当は、受給資格者が公共職業安定所長の指示した公共職業訓練等を受ける場合に、その公共職業訓練等を受ける期間について支給する。
When a qualified recipient takes up lodging separately from cohabiting relatives whom the recipient is supporting financially (including a person with whom a marriage is not registered but with whom the recipient is in a de facto marital relationship; the same applies in Article 58, paragraph (2)) in order to take public vocational training, etc. as directed by the chief of the Public Employment Security Office, lodging allowance is paid for the period of lodging.
The skill acquisition allowance and the lodging allowance are not paid for the period for which the basic allowance is not to be paid pursuant to the provisions of Article 32, paragraphs (1) and (2) or Article 33, paragraph (1).
The requirements for payment and the amount of the skill acquisition allowance and of the lodging allowance are specified by Order of the Ministry of Health, Labour and Welfare.
技能習得手当及び寄宿手当の支給要件及び額は、厚生労働省令で定める。
The provisions of Article 34, paragraphs (1) and (2) apply mutatis mutandis to the skill acquisition allowance and the lodging allowance.
Subsection 3 Injury and Disease Allowance
第三款 傷病手当
第三十七条
If a qualified recipient becomes unable to work due to disease or injury after making an appearance and applying for employment at the Public Employment Security Office following separation from service, injury and disease allowance is to be paid, within the limit of the number of days equivalent to the number of days prescribed in paragraph (4), with regard to the days within the period prescribed in Article 20, paragraphs (1) and (2) (for those falling under the provisions of Article 33, paragraph (3), the period prescribed in the same paragraph, and for those falling under the provisions of Article 57, paragraph (1) the period prescribed in the paragraph), during which payment of the basic allowance could not be received due to disease or injury (limited to those days with regard to which recognition of the fact that the recipient cannot receive payment of the basic allowance for disease or injury has been obtained).
The certification set forth in the preceding paragraph is given by the chief of the Public Employment Security Office, as prescribed by Order of the Ministry of Health, Labour and Welfare.
前項の認定は、厚生労働省令で定めるところにより、公共職業安定所長が行う。
The daily amount of the injury and disease allowance is the amount equivalent to the daily amount of the basic allowance under the provisions of Article 16.
傷病手当の日額は、第十六条の規定による基本手当の日額に相当する額とする。
The number of days for which the injury and disease allowance is payable is the number of days obtained by deducting from the prescribed duration of benefits for the qualified recipient that have obtained the recognition referred to in paragraph (1), the number of days for which the basic allowance has already been paid to the qualified recipient based on the recipient qualification.
The injury and disease allowance is not paid for a period for which the basic allowance is not to be paid pursuant to the provisions of Article 32, paragraph (1) or (2) or Article 33, paragraph (1).
When the injury and disease allowance has been paid, with regard to the application of the provisions of this Act (excluding the provisions of Article 10-4 and Article 34), the basic allowance is deemed to have been paid for the number of days equivalent to the number of days for which the injury and disease allowance was paid.
The injury and disease allowance is paid, as prescribed by Order of the Ministry of Health, Labour and Welfare, for the days which the certification referred to in paragraph (1) has been obtained, on the day on which payment of the basic allowance is due for the first time after the grounds that the person cannot take up the employment have ceased to exist (if there is no day on which payment of the basic allowance is due after the grounds that the person cannot take up the employment has ceased to exist, the day designated by the Chief of the Public Employment Security Office); provided, however, that the Minister of Health, Labour and Welfare, when they find it necessary, may specify differently for the payment of the injury and disease allowance.
傷病手当は、厚生労働省令で定めるところにより、第一項の認定を受けた日分を、当該職業に就くことができない理由がやんだ後最初に基本手当を支給すべき日(当該職業に就くことができない理由がやんだ後において基本手当を支給すべき日がない場合には、公共職業安定所長の定める日)に支給する。ただし、厚生労働大臣は、必要があると認めるときは、傷病手当の支給について別段の定めをすることができる。
The injury and disease allowance is not paid when a qualified recipient who has obtained the recognition referred to in paragraph (1), with regard to the days for which the certification was obtained, is able to receive payment of the injury and disease allowance prescribed in Article 99 of the Health Insurance Act (Act No. 70 of 1922), the compensation for absence from work prescribed in Article 76 of the Labor Standards Act (Act No. 49 of 1947), the temporary absence from work compensation benefits, the multiple-job worker's temporary absence from work benefits or the temporary absence from work benefits prescribed in the Industrial Accident Compensation Insurance Act (Act No. 50 of 1947), or other benefits equivalent thereto that are specified by Cabinet Order from among the benefits provided pursuant to laws and regulations (including ordinances or rules based on the provisions of laws and regulations).
第一項の認定を受けた受給資格者が、当該認定を受けた日について、健康保険法(大正十一年法律第七十号)第九十九条の規定による傷病手当金、労働基準法(昭和二十二年法律第四十九号)第七十六条の規定による休業補償、労働者災害補償保険法(昭和二十二年法律第五十号)の規定による休業補償給付、複数事業労働者休業給付又は休業給付その他これらに相当する給付であつて法令(法令の規定に基づく条例又は規約を含む。)により行われるもののうち政令で定めるものの支給を受けることができる場合には、傷病手当は、支給しない。
The provisions of Article 19, Article 21, Article 31 and Article 34, paragraphs (1) and (2) apply mutatis mutandis to the injury and disease allowance. In this case, the term "certification of unemployment" in Article 19, paragraphs (1) and (3) and Article 31, paragraph (1) is deemed to be replaced with "certification referred to in Article 37, paragraph (1)."
Section 2-2 Job Applicant Benefits for Elderly Insured Persons
第二節の二 高年齢被保険者の求職者給付
Article 37-2Elderly Insured Persons
第三十七条の二(高年齢被保険者)
The job applicant benefits for the elderly are paid, pursuant to the provisions of this Section, if an insured person who is 65 years old or older (excluding specially insured persons in short-term employment prescribed in Article 38, paragraph (1) and insured day workers prescribed in Article 43, paragraph (1); hereinafter referred to as "elderly insured persons") has become unemployed.
The provisions of the preceding Section (excluding Article 14), the following Section and Section 4 do not apply to elderly insured persons.
Article 37-3Recipient Qualification for the Elderly
第三十七条の三(高年齢受給資格)
The job applicant benefits for the elderly are paid, pursuant to the provisions of the following Article, when an elderly insured person becomes unemployed and the total insured period under Article 14 during the one-year period preceding the day of separation from service (for an insured person who is an elderly insured person who was continuously unable to receive payment of wages for 30 days or more during that period due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which the person was unable to receive payment of wages for those reasons to one year (if the period exceeds four years, four years)) is six months or more. In this case, with regard to the application of the provisions of Article 14, the phrase "12 months (six months, in the case where the terms are replaced pursuant to paragraph (2) of the preceding Article)" in paragraph (3) of that Article is deemed to be replaced with "six months".
高年齢求職者給付金は、高年齢被保険者が失業した場合において、離職の日以前一年間(当該期間に疾病、負傷その他厚生労働省令で定める理由により引き続き三十日以上賃金の支払を受けることができなかつた高年齢被保険者である被保険者については、当該理由により賃金の支払を受けることができなかつた日数を一年に加算した期間(その期間が四年を超えるときは、四年間))に、第十四条の規定による被保険者期間が通算して六箇月以上であつたときに、次条に定めるところにより、支給する。この場合における第十四条の規定の適用については、同条第三項中「十二箇月(前条第二項の規定により読み替えて適用する場合にあつては、六箇月)」とあるのは、「六箇月」とする。
If a person who is qualified to receive payment of the job applicant benefits for the elderly pursuant to the provisions of the preceding paragraph (hereinafter referred to as "recipient qualification for the elderly") (hereinafter the person is referred to as "elderly qualified recipient"), has taken up employment without receiving the job applicant benefits for the elderly during the period prescribed in paragraph (5) of the following Article and thereafter became unemployed again (excluding the case where the person has newly obtained a recipient qualification for the elderly or a special recipient qualification prescribed in Article 39, paragraph (2)), when the person has obtained the certification referred to in paragraph (5) of the following Article after making an appearance at the Public Employment Security Office and applying for employment during the period, the person may receive payment of the job applicant benefits for the elderly based on the recipient qualification for the elderly.
Article 37-4Job Applicant Benefits for the Elderly
第三十七条の四(高年齢求職者給付金)
The amount of the job applicant benefits for the elderly is to be the amount obtained by multiplying the daily amount of the basic allowance to be paid when the provisions of Articles 16 through 18 (excluding Article 17, paragraph (4), item (ii)) are applied to qualified recipients by deeming elderly qualified recipients as qualified recipients prescribed in Article 15, paragraph (1) by the number of days prescribed in the following items in accordance with the classification of the basic periods for calculation listed in each item (where the number of days from the day on which the certification referred to in paragraph (5) was obtained until the final day of the period prescribed in the same paragraph is less than the number of days prescribed in each item, the number of days equivalent to the number of days from the day on which the certification was obtained until the final day):
高年齢求職者給付金の額は、高年齢受給資格者を第十五条第一項に規定する受給資格者とみなして第十六条から第十八条まで(第十七条第四項第二号を除く。)の規定を適用した場合にその者に支給されることとなる基本手当の日額に、次の各号に掲げる算定基礎期間の区分に応じ、当該各号に定める日数(第五項の認定があつた日から同項の規定による期間の最後の日までの日数が当該各号に定める日数に満たない場合には、当該認定のあつた日から当該最後の日までの日数に相当する日数)を乗じて得た額とする。
one year or more:50 days; and
一年以上 五十日
less than one year:30 days.
一年未満 三十日
Notwithstanding the provisions of the preceding paragraph, if the daily amount of wages for elderly qualified recipients calculated pursuant to the provisions of the same paragraph exceeds the amount specified in Article 17, paragraph (4), item (ii), (d) (where the amount has been changed pursuant to the provisions of Article 18, the changed amount), this amount is to be the daily amount of wages.
前項の規定にかかわらず、同項の規定により算定した高年齢受給資格者の賃金日額が第十七条第四項第二号ニに定める額(その額が第十八条の規定により変更されたときは、その変更された額)を超えるときは、その額を賃金日額とする。
The basic period for calculation referred to in paragraph (1) is to be the period equivalent to the period calculated when the elderly qualified recipients are deemed to be qualified recipients prescribed in Article 15, paragraph (1) and the day of separation from service pertaining to the recipient qualification for the elderly is deemed to be the basis day prescribed in Article 20, paragraph (1), item (i), and the provisions of Article 22, paragraphs (3) and (4) are applied.
With regard to the application of the provisions of Article 22, paragraph (3) in the case prescribed in the preceding paragraph, the phrase "or a special lump sum payment" in item (ii) of that paragraph is deemed to be replaced with ", the job applicant benefits for the elderly or a special lump sum payment", and the phrase "or to the special recipient qualification prescribed in Article 39, paragraph (2)" with ", to the recipient qualification for the elderly prescribed in Article 37-3, paragraph (2) or to the special recipient qualification prescribed in Article 39, paragraph (2)".
An elderly qualified recipient seeking to receive payment of the job applicant benefits for the elderly must make an appearance at the Public Employment Security Office, by the day on which one year has elapsed from the day following the day of separation from service, apply for employment, and then obtain the certification of unemployment, as prescribed by Order of the Ministry of Health, Labour and Welfare.
The provisions of Article 21, Article 31, paragraph (1), Article 32, Article 33, paragraphs (1) and (2), and Article 34, paragraphs (1) through (3) apply mutatis mutandis with regard to the job applicant benefits for the elderly. In this case, the term "qualified recipients" and "recipient qualification" in these provisions are deemed to be replaced, respectively, with "elderly qualified recipients" and "recipient qualification for the elderly"; the terms "a period for which the recognition of unemployment could not be obtained" and "obtain the recognition of unemployment" in Article 31, paragraph (1) are deemed to be replaced, respectively, with "elderly qualified recipients when the certification referred to in Article 37-4, paragraph (5) could not be obtained" and "obtain the certification referred to in the same paragraph"; and the term "the period prescribed in Article 21" in Article 33, paragraph (1) is deemed to be replaced with "the period prescribed in Article 21 as applied mutatis mutandis pursuant to Article 37-4, paragraph (6)."
第二十一条、第三十一条第一項、第三十二条、第三十三条第一項及び第二項並びに第三十四条第一項から第三項までの規定は、高年齢求職者給付金について準用する。この場合において、これらの規定中「受給資格者」とあるのは「高年齢受給資格者」と、「受給資格」とあるのは「高年齢受給資格」と、第三十一条第一項中「失業の認定を受けることができなかつた期間」とあるのは「第三十七条の四第五項の認定を受けることができなかつた場合における当該高年齢受給資格者」と、「失業の認定を受けなければならない」とあるのは「同項の認定を受けなければならない」と、第三十三条第一項中「第二十一条の規定による期間」とあるのは「第三十七条の四第六項において準用する第二十一条の規定による期間」と読み替えるものとする。
Article 37-5Special Provisions for Elderly Insured Persons
第三十七条の五(高年齢被保険者の特例)
A person who falls under all of the following requirements may, by notifying the Minister of Health, Labour and Welfare as prescribed by Order of the Ministry of Health, Labour and Welfare, become an elderly insured person from the day on which the notification was made:
次に掲げる要件のいずれにも該当する者は、厚生労働省令で定めるところにより、厚生労働大臣に申し出て、当該申出を行つた日から高年齢被保険者となることができる。
the person is 65 years old or older and is employed in the covered undertakings of two or more employers;
二以上の事業主の適用事業に雇用される六十五歳以上の者であること。
the person's prescribed weekly working hours in the covered undertaking of any one employer are less than 20 hours; and
一の事業主の適用事業における一週間の所定労働時間が二十時間未満であること。
the total of the person's prescribed weekly working hours in the covered undertakings of two employers (limited to covered undertakings in which the prescribed weekly working hours of the worker making the notification in the covered undertaking of each one employer are equal to or more than the number of hours specified by Order of the Ministry of Health, Labour and Welfare) is 20 hours or more.
二の事業主の適用事業(申出を行う労働者の一の事業主の適用事業における一週間の所定労働時間が厚生労働省令で定める時間数以上であるものに限る。)における一週間の所定労働時間の合計が二十時間以上であること。
A person who has become an elderly insured person pursuant to the provisions of the preceding paragraph must, when the person no longer satisfies the requirements set forth in the items of that paragraph, notify the Minister of Health, Labour and Welfare as prescribed by Order of the Ministry of Health, Labour and Welfare.
With regard to a worker who has made the notification under the provisions of the preceding two paragraphs, the confirmation under the provisions of Article 9, paragraph (1) is deemed to have been made.
When a notification under the provisions of paragraph (1) or (2) has been made, the Minister of Health, Labour and Welfare must notify the two employers referred to in paragraph (1), item (iii) that the worker has become an insured person or has ceased to be an insured person.
第三十七条の六(特例高年齢被保険者に対する失業等給付等の特例)
With regard to the application of the provisions of Article 61-4, paragraph (1), Article 61-7, paragraph (1), Article 61-8, paragraph (1), Article 61-10, paragraph (1) and Article 61-12, paragraph (1) to a person who has become an elderly insured person pursuant to the provisions of paragraph (1) of the preceding Article, the phrase "has taken" in these provisions is deemed to be replaced with "has taken in all of the covered undertakings".
前条第一項の規定により高年齢被保険者となつた者に対する第六十一条の四第一項、第六十一条の七第一項、第六十一条の八第一項、第六十一条の十第一項及び第六十一条の十二第一項の規定の適用については、これらの規定中「をした場合」とあるのは、「を全ての適用事業においてした場合」とする。
Beyond what is provided for in the preceding paragraph, with regard to the application of the provisions of Article 37-4, paragraph (1) and Article 56-3, paragraph (3), item (ii) in the case where a person who has become an elderly insured person pursuant to the provisions of paragraph (1) of the preceding Article has separated from service in any one of the covered undertakings pertaining to the notification under the provisions of that paragraph, the phrase "Article 17, paragraph (4), item (ii)" in Article 37-4, paragraph (1) is deemed to be replaced with "Article 17, paragraph (4)", and the phrase "is to be the amount" with "is to be the amount. In this case, with regard to the application of the provisions of Article 17, the phrase 'wages (' in paragraph (1) of that Article is deemed to be replaced with 'wages (limited to wages paid in the covered undertaking from which the person separated from service, and'"; and the phrase "Articles 16 through 18" in Article 56-3, paragraph (3), item (ii), (b) is deemed to be replaced with "Articles 16 through 18 (excluding Article 17, paragraph (4), item (i))".
前項に定めるもののほか、前条第一項の規定により高年齢被保険者となつた者が、同項の規定による申出に係る適用事業のうちいずれか一の適用事業を離職した場合における第三十七条の四第一項及び第五十六条の三第三項第二号の規定の適用については、第三十七条の四第一項中「第十七条第四項第二号」とあるのは「第十七条第四項」と、「額とする」とあるのは「額とする。この場合における第十七条の規定の適用については、同条第一項中「賃金(」とあるのは、「賃金(離職した適用事業において支払われた賃金に限り、」とする」と、第五十六条の三第三項第二号ロ中「第十八条まで」とあるのは「第十八条まで(第十七条第四項第一号を除く。)」とする。
Section 3 Job Applicant Benefits for Specially Insured Persons in Short-Term Employment
第三節 短期雇用特例被保険者の求職者給付
Article 38Specially Insured Persons in Short-Term Employment
第三十八条(短期雇用特例被保険者)
If an insured person who is employed on a seasonal basis and does not fall under any of the following items (excluding insured day workers prescribed in Article 43, paragraph (1); hereinafter referred to as "specially insured person in short-term employment") has become unemployed, a special lump sum payment is to be made, pursuant to the provisions of this Section:
persons who are employed for a fixed period of four months or less; or
四箇月以内の期間を定めて雇用される者
persons whose prescribed weekly working hours are 20 hours or more and less than the number of hours specified by the Minister of Health, Labour and Welfare.
一週間の所定労働時間が二十時間以上であつて厚生労働大臣の定める時間数未満である者
The confirmation as to whether or not an insured person falls under any of the items of the preceding paragraph is made by the Minister of Health, Labour and Welfare.
The provisions of Section 2 (excluding Article 14), the preceding Section and the following Section do not apply to specially insured persons in short-term employment.
短期雇用特例被保険者に関しては、第二節(第十四条を除く。)、前節及び次節の規定は、適用しない。
Article 39Special Recipient Qualification
第三十九条(特例受給資格)
A special lump sum payment is made pursuant to the provisions of the following Article, when a specially insured person in short-term employment has become unemployed and the person's total insured period under Article 14 during the one-year period preceding the day of separation from service has been six months or more (for insured persons who are specially insured persons in short-term employment who were continuously unable to receive payment of wages for 30 days or more during that period due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which they were unable to receive payment of wages for those reasons to one year (when the total period exceeds four years, four years)). In this case, with regard to the application of the provisions of Article 14, the phrase "12 months (six months, in the case where the terms are replaced pursuant to paragraph (2) of the preceding Article)" in paragraph (3) of that Article is deemed to be replaced with "six months".
特例一時金は、短期雇用特例被保険者が失業した場合において、離職の日以前一年間(当該期間に疾病、負傷その他厚生労働省令で定める理由により引き続き三十日以上賃金の支払を受けることができなかつた短期雇用特例被保険者である被保険者については、当該理由により賃金の支払を受けることができなかつた日数を一年に加算した期間(その期間が四年を超えるときは、四年間))に、第十四条の規定による被保険者期間が通算して六箇月以上であつたときに、次条に定めるところにより、支給する。この場合における第十四条の規定の適用については、同条第三項中「十二箇月(前条第二項の規定により読み替えて適用する場合にあつては、六箇月)」とあるのは、「六箇月」とする。
If a person who is qualified to receive the special lump sum payment pursuant to the provisions of the preceding paragraph (hereinafter referred to as "special recipient qualification") (hereinafter the person is referred to as "specially qualified recipient") has obtained employment without receiving the special lump sum payment within the period prescribed in paragraph (3) of the following Article and has subsequently become unemployed again (excluding the case where the person has newly obtained a recipient qualification prescribed in Article 14, paragraph (2), item (i), recipient qualification for the elderly, or special recipient qualification), when the person, within that period, has obtained the recognition referred to in paragraph (3) of the following Article after making an appearance at the Public Employment Security Office and applying for employment, the person is able to receive the special lump sum payment based on the special recipient qualification.
Article 40Special Lump Sum Payment
第四十条(特例一時金)
The amount of the special lump sum payment is to be an amount equivalent to the daily amount of the basic allowance that would be payable to a specially qualified recipient when the recipient is deemed as a qualified recipient prescribed in Article 15, paragraph (1) and the provisions of Articles 16 through 18 are applied to the recipient, multiplied by 30 days (when the number of days from the day on which the recognition referred to in paragraph (3) was made until the last day of the period under the same paragraph is less than 30 days, the number of days equivalent to that number of days).
特例一時金の額は、特例受給資格者を第十五条第一項に規定する受給資格者とみなして第十六条から第十八条までの規定を適用した場合にその者に支給されることとなる基本手当の日額の三十日分(第三項の認定があつた日から同項の規定による期間の最後の日までの日数が三十日に満たない場合には、その日数に相当する日数分)とする。
With regard to the application of the provisions of Article 17, paragraph (4) in the case prescribed in the preceding paragraph, the term "under 30 years old" in item (ii), (d) of the same paragraph is deemed to be replaced with "under 30 years old or 65 years old or older."
A specially qualified recipient who seeks to receive the special lump sum payment must, before the day on which six months have elapsed from the day following the day of separation from service and as prescribed by Order of the Ministry of Health, Labour and Welfare, obtain the certification of unemployment by making an appearance at the Public Employment Security Office and applying for employment.
The provisions of Article 21, Article 31, paragraph (1), Article 32, Article 33, paragraphs (1) and (2), and Article 34, paragraphs (1) through (3) apply mutatis mutandis to the special lump sum payment. In this case, the terms "qualified recipient" and "recipient qualification" in Article 21 are deemed to be replaced, respectively, with "specially qualified recipient" and "special recipient qualification"; the terms "qualified recipient", "a period for which the certification of unemployment could not be obtained" and "obtain the certification of unemployment" in Article 31, paragraph (1) are deemed to be replaced, respectively, with "specially qualified recipient", "the specially qualified recipients where the certification of unemployment referred to in Article 40, paragraph (3) could not be obtained" and "must obtain the recognition referred to in the same paragraph"; the term "qualified recipient" in Article 32 is deemed to be replaced with "specially qualified recipient"; the term "provided, however, that this does not apply to the following qualified recipients (limited, for those listed in item (i), to a period during which the person takes public vocational training, etc. as directed by the chief of the Public Employment Security Office and a period after the day of completion of the public vocational training, etc., and, for those listed in item (iii), to a period during which the person takes the training prescribed in item (ii) and a period after the day of completion of that training)" in Article 33, paragraph (1) is deleted; the term "qualified recipient" in paragraph (2) of the same Article is deemed to be replaced with "specially qualified recipient"; the term "recipient qualification" in Article 34, paragraph (2) is deemed to be replaced with "special recipient qualification" and the terms "qualified recipient" and "recipient qualification" in paragraph (3) of the same Article are deemed to be replaced, respectively, with "specially qualified recipient" and "special recipient qualification".
第二十一条、第三十一条第一項、第三十二条、第三十三条第一項及び第二項並びに第三十四条第一項から第三項までの規定は、特例一時金について準用する。この場合において、第二十一条中「受給資格者」とあるのは「特例受給資格者」と、「受給資格」とあるのは「特例受給資格」と、第三十一条第一項中「受給資格者」とあるのは「特例受給資格者」と、「失業の認定を受けることができなかつた期間」とあるのは「第四十条第三項の認定を受けることができなかつた場合における当該特例受給資格者」と、「失業の認定を受けなければならない」とあるのは「同項の認定を受けなければならない」と、第三十二条中「受給資格者」とあるのは「特例受給資格者」と、第三十三条第一項中「支給しない。ただし、次に掲げる受給資格者(第一号に掲げる者にあつては公共職業安定所長の指示した公共職業訓練等を受ける期間及び当該公共職業訓練等を受け終わつた日後の期間に限り、第三号に掲げる者にあつては第二号に規定する訓練を受ける期間及び当該訓練を受け終わつた日後の期間に限る。)については、この限りでない」とあるのは「支給しない」と、同条第二項中「受給資格者」とあるのは「特例受給資格者」と、第三十四条第二項中「受給資格」とあるのは「特例受給資格」と、同条第三項中「受給資格者」とあるのは「特例受給資格者」と、「受給資格」とあるのは「特例受給資格」とそれぞれ読み替えるものとする。
Article 41Case of Taking a Course of Public Vocational Training
第四十一条(公共職業訓練等を受ける場合)
When a specially qualified recipient is to take a course of public vocational training, etc. (excluding one for a period which is shorter than that specified by Cabinet Order), as directed by the Chief of the Public Employment Security Office, before receiving the special lump sum payment based on the special recipient qualification, the special lump sum payment is not to be paid, notwithstanding the provisions of Article 10, paragraph (3) and the preceding three Articles, and the job applicant benefits are paid, pursuant to the provisions of Section 2 (excluding the provisions of the proviso of Article 33, paragraph (1)), by deeming the person as a qualified recipient prescribed in Article 15, paragraph (1), limited to the period until the day of completion of the course of public vocational training, etc.
A specially qualified recipient referred to in the preceding paragraph is able to receive payment of the job applicant benefits pursuant to the provisions of the same paragraph, even if it is found that the person may not receive payment of the basic allowance pursuant to the provisions of Article 29, paragraph (1) or Article 34, paragraph (1) before the day on which the person became an insured person pertaining to the special recipient qualification.
Section 4 Job Applicant Benefits for Insured Day Workers
第四節 日雇労働被保険者の求職者給付
第四十二条(日雇労働者)
The term "day worker" as used in this Section means a worker who falls under any of the following items (excluding those who have been employed in a covered undertaking by the same employer for 18 days or more in each of the preceding two months and those who have been employed continuously in a covered undertaking by the same employer for 31 days or more (except those who have obtained the approval referred to in paragraph (2) of the following Article)):
この節において日雇労働者とは、次の各号のいずれかに該当する労働者(前二月の各月において十八日以上同一の事業主の適用事業に雇用された者及び同一の事業主の適用事業に継続して三十一日以上雇用された者(次条第二項の認可を受けた者を除く。)を除く。)をいう。
persons who are employed by the day; or
日々雇用される者
persons who are employed for a fixed period of employment of 30 days or less.
三十日以内の期間を定めて雇用される者
第四十三条(日雇労働被保険者)
If a day worker who is an insured person that falls under any of the following items (hereinafter referred to as "insured day worker") has become unemployed, job applicant benefits for day workers are paid pursuant to the provisions of this Section:
persons who reside in a special ward or an area of a municipality in which a Public Employment Security Office is located (excluding areas designated by the Minister of Health, Labour and Welfare) or in the entire area or parts of neighboring municipalities designated by the Minister of Health, Labour and Welfare (hereinafter referred to as "covered area" in this paragraph) and are employed in a covered undertaking;
特別区若しくは公共職業安定所の所在する市町村の区域(厚生労働大臣が指定する区域を除く。)又はこれらに隣接する市町村の全部又は一部の区域であつて、厚生労働大臣が指定するもの(以下この項において「適用区域」という。)に居住し、適用事業に雇用される者
persons who reside outside the covered area and are employed in a covered undertaking located inside the covered area; or
適用区域外の地域に居住し、適用区域内にある適用事業に雇用される者
persons who reside outside the covered area and are employed in a covered undertaking located outside the covered area which has been designated by the Minister of Health, Labour and Welfare based on the situation in the day labor market and other circumstances.
適用区域外の地域に居住し、適用区域外の地域にある適用事業であつて、日雇労働の労働市場の状況その他の事情に基づいて厚生労働大臣が指定したものに雇用される者
beyond those listed in the preceding three items, persons who have obtained the approval of the chief of the Public Employment Security Office as prescribed by Order of the Ministry of Health, Labour and Welfare.
前三号に掲げる者のほか、厚生労働省令で定めるところにより公共職業安定所長の認可を受けた者
If an insured day worker was employed in a covered undertaking by the same employer for 18 days or more in each of the preceding two months or was employed continuously in a covered undertaking by the same employer for 31 days or more, when the day worker has obtained an approval by the chief of the Public Employment Security Office as prescribed by Order of the Ministry of Health, Labour and Welfare, the day worker may continue to be an insured day worker.
日雇労働被保険者が前二月の各月において十八日以上同一の事業主の適用事業に雇用された場合又は同一の事業主の適用事業に継続して三十一日以上雇用された場合において、厚生労働省令で定めるところにより公共職業安定所長の認可を受けたときは、その者は、引き続き、日雇労働被保険者となることができる。
If an insured day worker who was employed in a covered undertaking by the same employer for 18 days or more in each of the preceding two months or an insured day worker who was employed continuously in a covered undertaking by the same employer for 31 days or more has been separated from service in the first month in which the worker ceased to be treated as an insured day worker due to not having received the approval referred to in the preceding paragraph and has become unemployed, the person is deemed to be an insured day worker with regard to the payment of job applicant benefits for day workers during the month in which they became unemployed.
The provisions of Article 6 (limited to item (iii)), Articles 7 through 9 and the preceding three Sections do not apply to insured day workers.
日雇労働被保険者に関しては、第六条(第三号に限る。)及び第七条から第九条まで並びに前三節の規定は、適用しない。
Article 44Insured Day Worker's Benefits Book
第四十四条(日雇労働被保険者手帳)
An insured day worker must, as prescribed by Order of the Ministry of Health, Labour and Welfare, receive issuance of the insured day worker's benefits book at the Public Employment Security Office.
日雇労働被保険者は、厚生労働省令で定めるところにより、公共職業安定所において、日雇労働被保険者手帳の交付を受けなければならない。
Article 45Recipient Qualification for the Job Applicant Benefits for Day Workers
第四十五条(日雇労働求職者給付金の受給資格)
If an insured day worker has become unemployed, and when the stamp premiums referred to in Article 10, paragraph (2), item (iv) of the Premiums Collection Act (hereinafter referred to as "stamp premiums") are paid to the person for 26 days or more in total during the period of two months before the month containing the date of unemployment, the job applicant benefits for day workers are to be paid pursuant to the provisions of Articles 47 through 52.
日雇労働求職者給付金は、日雇労働被保険者が失業した場合において、その失業の日の属する月の前二月間に、その者について、徴収法第十条第二項第四号の印紙保険料(以下「印紙保険料」という。)が通算して二十六日分以上納付されているときに、第四十七条から第五十二条までに定めるところにより支給する。
第四十六条
If a person who is able to receive payment of the job applicant benefits for day workers pursuant to the provisions of the preceding Article is a qualified recipient prescribed in Article 15, paragraph (1), the job applicant benefits for day workers are not paid for the days which the person has received payment of the basic allowance, and the basic allowance are not paid for the days which they have received payment of the job applicant benefits for day workers.
Article 47Certification of Unemployment of an Insured Day Worker
第四十七条(日雇労働被保険者に係る失業の認定)
The job applicant benefits for day workers are paid for the days on which an insured day worker is unemployed (limited to those days for which the certification of unemployment has been obtained; the same applies in Article 54, item (i)).
A person who seeks to obtain the certification of unemployment referred to in the preceding paragraph (hereinafter referred to as the "recognition of unemployment" in this Section) must make an appearance at the Public Employment Security Office and apply for employment, as prescribed by Order of the Ministry of Health, Labour and Welfare.
The Minister of Health, Labour and Welfare, when they find it necessary, may specify differently for the certification of unemployment of insured day workers, notwithstanding the provisions of the preceding paragraph.
Article 48Daily Amount of Job Applicant Benefits for Day Workers
第四十八条(日雇労働求職者給付金の日額)
The daily amount of the job applicant benefits for day workers is to be the amount prescribed in the following items, in accordance with the classification listed in each item:
日雇労働求職者給付金の日額は、次の各号に掲げる区分に応じ、当該各号に定める額とする。
stamp premiums of the amount listed in Article 22, paragraph (1), item (i) of the Premiums Collection Act (hereinafter referred to as "first class stamp premiums") (if the amount has been changed pursuant to the provisions of paragraph (2) or (4) of the same Article, the changed amount) out of the stamp premiums paid during the preceding two months are for 24 days or more:7,500 yen (if this amount has been changed pursuant to the provisions of paragraph (1) of the following Article, the changed amount);
amount falling under either of the following sub-items: 6,200 yen (if this amount has been changed pursuant to the provisions of paragraph (1) of the following Article, the changed amount):
次のいずれかに該当するとき 六千二百円(その額が次条第一項の規定により変更されたときは、その変更された額)
when the first class stamp premiums and the stamp premiums of the amount listed in Article 22, paragraph (1), item (ii) of the Premiums Collection Act (hereinafter referred to as "second class stamp premiums") (if the amount has been changed pursuant to the provisions of paragraph (2) or (4) of the same Article, the changed amount) out of the stamp premiums paid during the preceding two months are for 24 days or more (excluding cases falling under the preceding item); or
when, out of the stamp premiums paid during the preceding two months, the first class stamp premiums and the second class stamp premiums are for less than 24 days, and the amount obtained by dividing by 24 the total of the first class stamp premiums amount paid and the second class stamp premiums paid adding the amount paid for the number of days equivalent to the number of days after deducting from 24 days, the number of days for which first class stamp premiums and second class stamp premiums were paid, of the stamp premiums listed in item (iii) of paragraph (1) of Article 22 of the Premiums Collection Act (hereinafter referred to as the "third class stamp premiums") (if the amount has been changed pursuant to the provisions of paragraph (2) or (4) of the same Article, the changed amount), is not less than the daily amount of second class stamp premiums.
when the case does not fall under either of the preceding two items:4,100 yen (if this amount has been changed pursuant to the provisions of paragraph (1) of the following Article, the changed amount).
Article 49Automatic Changing of the Daily Amounts of Job Applicant Benefits for Day Workers
第四十九条(日雇労働求職者給付金の日額等の自動的変更)
When the average regular earnings (meaning the average regular earnings referred to in Article 18, paragraph (1); hereinafter the same applies in this paragraph) have either exceeded 120 percent or fallen below 83 percent of the average regular earnings for September 1994 (the average regular earnings which were the basis of the most recent revision where the daily amounts, etc. of the job applicant benefits for day workers have been changed based on the provisions of this paragraph), and when the situation is found to be likely to persist, the Minister of Health, Labour and Welfare must change the daily amounts, etc. of the job applicant benefits for day workers, in accordance with the percentage of increase or decrease of the average regular earnings.
厚生労働大臣は、平均定期給与額(第十八条第一項の平均定期給与額をいう。以下この項において同じ。)が、平成六年九月の平均定期給与額(この項の規定により日雇労働求職者給付金の日額等が変更されたときは直近の当該変更の基礎となつた平均定期給与額)の百分の百二十を超え、又は百分の八十三を下るに至つた場合において、その状態が継続すると認めるときは、その平均定期給与額の上昇し、又は低下した比率を基準として、日雇労働求職者給付金の日額等を変更しなければならない。
The "daily amounts, etc. of the job applicant benefits for day workers" referred to in the preceding paragraph means the daily amount of wages pertaining to the classification of the first class stamp premiums and the second class stamp premiums (if the amounts have been changed pursuant to the provisions of the preceding paragraph, the changed amounts; referred to as "daily amounts of wages pertaining to the first and second class stamp premium classification" in the following paragraph) and the daily amount of wages pertaining to the classification of the second class stamp premiums and the third class stamp premiums (if the amounts have been changed pursuant to the provisions of the preceding paragraph, the changed amounts; referred to as "daily amounts of wages pertaining to the second and third class stamp premium classification" in the following paragraph), out of the daily amount of the job applicant benefits for day workers prescribed in item (i) of the preceding Article (referred to as "first class benefits" in the following paragraph and Article 54), the daily amount of the job applicant benefits for day workers prescribed in item (ii) of the preceding Article (referred to as "second class benefits" in the following paragraph and Article 54), the daily amount of the job applicant benefits for day workers prescribed in item (iii) of the preceding Article (referred to as "third class benefits" in the following paragraph and Article 54) and the daily amounts of wages pertaining to the classification of the amounts of stamp premiums prescribed in Article 22, paragraph (1) of the Premium Collection Act.
前項の「日雇労働求職者給付金の日額等」とは、前条第一号に定める額の日雇労働求職者給付金(次項及び第五十四条において「第一級給付金」という。)の日額、前条第二号に定める額の日雇労働求職者給付金(次項及び第五十四条において「第二級給付金」という。)の日額及び前条第三号に定める額の日雇労働求職者給付金(次項及び第五十四条において「第三級給付金」という。)の日額並びに徴収法第二十二条第一項に規定する印紙保険料の額の区分に係る賃金の日額のうち第一級印紙保険料と第二級印紙保険料との区分に係る賃金の日額(その額が前項の規定により変更されたときは、その変更された額。次項において「一級・二級印紙保険料区分日額」という。)及び第二級印紙保険料と第三級印紙保険料との区分に係る賃金の日額(その額が前項の規定により変更されたときは、その変更された額。次項において「二級・三級印紙保険料区分日額」という。)をいう。
When the daily amounts of the first class premiums, the second class premiums, and the third class premiums prescribed in Article 22, paragraph (2) of the Premiums Collection Act have been changed pursuant to the provisions of paragraph (5) of the same Article, the Minister of Health, Labour and Welfare may not change the daily amounts of the first class benefits, the second class benefits, and the third class benefits nor of the daily amounts of wages pertaining to the first and second class stamp premium classification or of wages pertaining to the second and third class stamp premium classification pursuant to the provisions of paragraph (1), during the period from the date of the change until the day before the day on which one year has elapsed from the date of the change (if there has been a Diet decision with regard to the change before that day, the day before the day of the decision).
徴収法第二十二条第五項の規定により同条第二項に規定する第一級保険料日額、第二級保険料日額及び第三級保険料日額の変更があつた場合には、厚生労働大臣は、その変更のあつた日から一年を経過した日の前日(その日前に当該変更に関して国会の議決があつた場合には、その議決のあつた日の前日)までの間は、第一項の規定による第一級給付金の日額、第二級給付金の日額及び第三級給付金の日額並びに一級・二級印紙保険料区分日額及び二級・三級印紙保険料区分日額の変更を行うことができない。
Article 50Duration of the Job Applicant Benefits for Day Workers
第五十条(日雇労働求職者給付金の支給日数等)
The job applicant benefits for day workers are paid, for the days in the month containing the day on which an insured day worker became unemployed, for which the certification of unemployment was obtained, within the limit of 13 benefit days in total, when stamp premiums have been paid for the insured day worker for less than 28 days in total during the two-month period before the month containing the day of unemployment, and within the limit of the number of benefit days obtained by adding one day to the 13 days for every four days in excess of the 28 days, when stamp premiums have been paid for the insured day worker for more than 28 days in total; provided, however, that the job applicant benefits for day workers are not to be paid for more than 17 days in total for that month.
The job applicant benefits for day workers are not paid for the first day in each week (meaning the seven day period from Sunday to Saturday) on which the insured day worker did not take up employment.
日雇労働求職者給付金は、各週(日曜日から土曜日までの七日をいう。)につき日雇労働被保険者が職業に就かなかつた最初の日については、支給しない。
Article 51Method of Payment for the Job Applicant Benefits for Day Workers
第五十一条(日雇労働求職者給付金の支給方法等)
The job applicant benefits for day workers are to be paid at the Public Employment Security Office on the day on which the certification of unemployment is given.
日雇労働求職者給付金は、公共職業安定所において、失業の認定を行つた日に支給するものとする。
The Minister of Health, Labour and Welfare, when they find it necessary, may specify differently for the payment of the job applicant benefits for day workers, notwithstanding the provisions of the preceding paragraph.
厚生労働大臣は、必要があると認めるときは、前項の規定にかかわらず、日雇労働求職者給付金の支給について別段の定めをすることができる。
The provisions of Article 31, paragraph (1) apply mutatis mutandis to the job applicant benefits for day workers. In this case, the terms "qualified recipient" and "certification of unemployment" in the same paragraph are deemed to be replaced, respectively, with "person able to receive payment of the job applicant benefits for day workers" and "certification of unemployment referred to in Article 47, paragraph (2)."
Article 52Restriction on Benefits
第五十二条(給付制限)
If a day worker who is able to receive payment of the job applicant benefits for day workers has refused to take up the employment referred by the Public Employment Security Office, the job applicant benefits for day workers are not paid for seven days counting from the day on which the worker refused to take up the employment; provided, however, that this does not apply if the worker falls under any of the following items:
日雇労働求職者給付金の支給を受けることができる者が公共職業安定所の紹介する業務に就くことを拒んだときは、その拒んだ日から起算して七日間は、日雇労働求職者給付金を支給しない。ただし、次の各号のいずれかに該当するときは、この限りでない。
when it is found that the employment referred is not appropriate in the light of the person's abilities;
紹介された業務が、その者の能力からみて不適当であると認められるとき。
when the wage for the employment referred is unjustifiably low in comparison to the general wage level for work for the same degree of skill in the same kind of business in the same locality;
紹介された業務に対する賃金が、同一地域における同種の業務及び同程度の技能に係る一般の賃金水準に比べて、不当に低いとき。
when the person was referred to a place of business that falls under the provisions of Article 20 (excluding the proviso of paragraph (2)) of the Employment Security Act; or
職業安定法第二十条(第二項ただし書を除く。)の規定に該当する事業所に紹介されたとき。
when there are other legitimate grounds.
その他正当な理由があるとき。
The certification on whether or not a person who is able to receive payment of the job applicant benefits for day workers falls under any of the items of the preceding paragraph is to be made by the chief of the Public Employment Security Office in accordance with the standards specified by the Minister of Health, Labour and Welfare.
日雇労働求職者給付金の支給を受けることができる者についての前項各号のいずれかに該当するかどうかの認定は、公共職業安定所長が厚生労働大臣の定める基準に従つてするものとする。
If a person who is able to receive payment of the job applicant benefits for day workers has received or attempted to receive payment of the job applicant benefits or employment promotion benefits by deception or other wrongful acts, the job applicant benefits for day workers are not paid to the person for the month for which they received or attempted to receive payment of the job applicant benefits or the employment promotion benefits, and for the period of three months from the month following that month; provided, however, that if there are unavoidable reasons, the whole or a part of the job applicant benefits for day workers may be paid.
日雇労働求職者給付金の支給を受けることができる者が、偽りその他不正の行為により求職者給付又は就職促進給付の支給を受け、又は受けようとしたときは、その支給を受け、又は受けようとした月及びその月の翌月から三箇月間は、日雇労働求職者給付金を支給しない。ただし、やむを得ない理由がある場合には、日雇労働求職者給付金の全部又は一部を支給することができる。
If an insured day worker has become unemployed and the worker falls under all of the following items, they may notify to that effect to the chief of the Public Employment Security Office and receive payment of the job applicant benefits for day workers prescribed in the following Article:
stamp premiums have been paid to the insured day worker for 11 days or more in each month and for 78 days or more in total during six consecutive months;
the person has not received payment of the job applicant benefits for day workers under the provisions of Article 45 during the last five months out of the six consecutive months referred to in the preceding item (hereinafter referred to as the "basis period"); and
the person has not received payment of the job applicant benefits for day workers under the provisions of Article 45 during the period of two months from the month following the last month of the basis period (when the date the notification was made falls within the two month period, the period up to that date).
The notification referred to in the preceding paragraph must be made within the period of four months from the month following the last month of the basis period.
第五十四条
The payment of the job applicant benefits for day workers to a person who has made the notification referred to in paragraph (1) of the preceding Article is to be as prescribed in the following items, notwithstanding the provisions of Article 48 and Article 50, paragraph (1):
the period during which and the number of days for which the job applicant benefits for day workers may be received are limited to 60 days in total, with regard to days of unemployment within the period of four months from the month following the last month of the basis period;
the daily amount of the job applicant benefits for day workers is to be the amount prescribed, respectively, in sub-items (a) through (c), in accordance with the classification listed in those sub-items (a) through (c):
日雇労働求職者給付金の日額は、次のイからハまでに掲げる区分に応じ、当該イからハまでに定める額とする。
when the first class stamp premiums out of the stamp premiums paid during the basis period have been paid for 72 days or more:the daily amount of the first class benefits;
when the case falls under either of the following: the daily amount of the second class benefits:
次のいずれかに該当するとき 第二級給付金の日額
when the first class stamp premiums and the second class stamp premiums out of the stamp premiums paid during the basis period have been paid for 72 days or more (excluding cases falling under (a)); or
when, out of the stamp premiums paid during the basis period, the first class stamp premiums and the second class stamp premiums are for less than 72 days, and the amount obtained by dividing by 72 the sum of the amount of first class stamp premiums paid and the amount of second class stamp premiums paid, plus, out of the amount of third class stamp premiums paid, the amount for the number of days equivalent to the number of days obtained by deducting from 72 days the number of days for which first class stamp premiums and second class stamp premiums were paid, is equal to or more than the daily amount of second class stamp premiums.
when the case does not fall under (a) or (b):the daily amount of the third class benefits.
イ又はロに該当しないとき 第三級給付金の日額
第五十五条
With regard to a person who has made the notification referred to in Article 53, paragraph (1) within the period of two months following the last month of the basis period, the job applicant benefits for day workers under the provisions of Article 45 are not paid until the day on which the two months have elapsed.
If a person who has made the notification referred to in Article 53, paragraph (1) has received payment of the job applicant benefits for day workers under the provisions of Article 45 in the third or fourth month from the month following the last month of the basis period, the job applicant benefits for day workers under the provisions of the preceding Article are not paid for the days for which the job applicant benefits for day workers were paid; and when the person has received payment of the job applicant benefits for day workers under the provisions of the preceding Article, the job applicant benefits for day workers under the provisions of Article 45 are not paid for the days for which the job applicant benefits for day workers were paid.
With regard to the application of the provisions of Article 53, paragraph (1), item (ii) in the case where a person who, after having received payment of the job applicant benefits for day workers under the provisions of the preceding Article, makes the notification referred to in Article 53, paragraph (1), it is deemed that the person has received payment of the job applicant benefits for day workers under the provisions of Article 45.
The provisions of Article 46, Article 47, Article 50, paragraph (2), Articles 51, and Article 52 apply mutatis mutandis to the job applicant benefits for day workers under the provisions of the preceding Article.
第五十六条(日雇労働被保険者であつた者に係る被保険者期間等の特例)
If an insured day worker had been employed in a covered undertaking by the same employer for 18 days or more in each of two months and was separated from service in or after the following month, the two months may be calculated as two months of the insured period under the provisions of Article 14; provided, however, that this does not apply when the provisions of Article 43, paragraph (2) or (3) have been applied to the worker.
In calculating the daily amount of wages prescribed in Article 17 for a person who has obtained recipient qualification, recipient qualification for the elderly, or special recipient qualification prescribed in Article 14, paragraph (2), item (i) by calculating the two months prescribed in the preceding paragraph as the insured period pursuant to the provisions of the same paragraph, the amount obtained by dividing the amount of the stamp premiums paid in each of those two months by the rate specified by Order of the Ministry of Health, Labour and Welfare is deemed to be the amount of wages paid each month.
The provisions of paragraph (1) apply mutatis mutandis to the calculation of the basic period for calculation under the provisions of Article 22, paragraph (3). In this case, the term "the two months may be calculated as two months of the insured period under the provisions of Article 14" in paragraph (1) is deemed to be replaced with "the period employed may be calculated as a period falling under the period in which the person was employed as an insured person in a covered undertaking by the same employer continuously until the basis day prescribed in Article 22, paragraph (3)."
第五十六条の二
If an insured day worker has been separated from service after having been employed continuously in a covered undertaking by the same employer for 31 days or more (excluding the case prescribed in the main clause of paragraph (1) of the preceding Article), the period during which the person was an insured day worker may be deemed to be a period during which the person was an insured person in calculating the insured period under the provisions of Article 14; provided, however, that this does not apply when the person is a person to whom the provisions of Article 43, paragraph (2) or (3) have been applied.
In calculating the daily amount of wages prescribed in Article 17 for a person who has obtained the recipient qualification prescribed in Article 14, paragraph (2), item (i), recipient qualification for the elderly or special recipient qualification by calculating the insured period under the provisions of Article 14 pursuant to the provisions of the preceding paragraph, the amount obtained by dividing the amount of the stamp premiums paid during the period, out of the period during which the person was an insured day worker, that is included in the last six months calculated as the insured period in the period for calculation prescribed in Article 17, paragraph (1) by the rate specified by Order of the Ministry of Health, Labour and Welfare is deemed to be the amount of wages paid during that period.
The provisions of paragraph (1) apply mutatis mutandis to the calculation of the basic period for calculation under the provisions of Article 22, paragraph (3). In this case, the phrase "the period during which the person was an insured day worker may be deemed to be a period during which the person was an insured person in calculating the insured period under the provisions of Article 14" in paragraph (1) is deemed to be replaced with "the period during which the person was an insured day worker may be calculated as a period falling under the period in which the person was employed as an insured person in a covered undertaking by the same employer continuously until the basis day prescribed in Article 22, paragraph (3)".
Section 5 Employment Promotion Benefits
第五節 就職促進給付
Article 56-3Employment Promotion Allowance
第五十六条の三(就業促進手当)
Employment promotion allowance is paid to a person who falls under any of the following items when the Chief of the Public Employment Security Office finds it necessary in accordance with the standards specified by Order of the Ministry of Health, Labour and Welfare:
就業促進手当は、次の各号のいずれかに該当する者に対して、公共職業安定所長が厚生労働省令で定める基準に従つて必要があると認めたときに、支給する。
a qualified recipient who has taken up stable employment specified by Order of the Ministry of Health, Labour and Welfare, for whom the remaining number of benefit days for the basic allowance on the day before the day on which the recipient took up the employment (meaning the number of days for which the basic allowance would have been payable to the person, assuming they had not taken up the employment, during the period between the day after the day on which they took up the employment and the final day of the period prescribed in Article 20, paragraphs (1) and (2) pertaining to the recipient qualification (for qualified recipients falling under the provisions of Article 33, paragraph (3), the period under the provisions of the same paragraph, and for qualified recipients falling under the provisions of paragraph (1) of the following Article, the period under the provisions of the same paragraph); the same applies hereinafter) is one-third or more of the prescribed duration of benefits based on said recipient qualification; or
a qualified recipient (limited to a person for whom the remaining number of benefit days for the basic allowance on the day before the day on which the person took up the employment is less than one-third of the prescribed duration of benefits based on the recipient qualification), elderly qualified recipient (including a person who has received payment of the job applicant benefits for the elderly and for whom one year calculated from the day after the day of separation from service pertaining to the recipient qualification for the elderly concerned has not elapsed; the same applies hereinafter in this Section), specially qualified recipient (including a person who has received the special lump sum payment and for whom six months calculated from the day after the day of separation from service pertaining to the special recipient qualification concerned have not elapsed; the same applies hereinafter in this Section), or qualified day worker recipient (meaning a person who is able to receive payment of the job applicant benefits for day workers pursuant to the provisions of Article 45 or Article 54; the same applies hereinafter), who has taken up stable employment specified by Order of the Ministry of Health, Labour and Welfare and who is designated as a physically disabled person or any other person who has difficulty finding employment by Order of the Ministry of Health, Labour and Welfare.
厚生労働省令で定める安定した職業に就いた受給資格者(当該職業に就いた日の前日における基本手当の支給残日数が当該受給資格に基づく所定給付日数の三分の一未満である者に限る。)、高年齢受給資格者(高年齢求職者給付金の支給を受けた者であつて、当該高年齢受給資格に係る離職の日の翌日から起算して一年を経過していないものを含む。以下この節において同じ。)、特例受給資格者(特例一時金の支給を受けた者であつて、当該特例受給資格に係る離職の日の翌日から起算して六箇月を経過していないものを含む。以下この節において同じ。)又は日雇受給資格者(第四十五条又は第五十四条の規定による日雇労働求職者給付金の支給を受けることができる者をいう。以下同じ。)であつて、身体障害者その他の就職が困難な者として厚生労働省令で定めるもの
If a qualified recipient, elderly qualified recipient, specially qualified recipient, or qualified day worker recipient (referred to as a "qualified recipient, etc." in Article 58 and Article 59, paragraph (1)) has received payment of an employment promotion allowance with regard to the employment during the period specified by Order of the Ministry of Health, Labour and Welfare before the day on which the person took up the stable employment prescribed in each item of the preceding paragraph, the employment promotion allowance is not paid, notwithstanding the provisions of the same paragraph.
The amount of the employment promotion allowance is to be the amount prescribed respectively in the following items, in accordance with the classification of persons listed in each item:
就業促進手当の額は、次の各号に掲げる者の区分に応じ、当該各号に定める額とする。
persons who fall under paragraph (1), item (i):the amount obtained by multiplying the daily amount of the basic allowance under the provisions of Article 16 (when the amount exceeds the amount obtained by multiplying 12,090 yen (when the amount has been changed pursuant to the provisions of Article 18, the changed amount) prescribed in paragraph (1) of the same Article (including as applied pursuant to paragraph (2) of the same Article, following the deemed replacement of terms) by 50 percent (for qualified recipients who are 60 years old or older and under 65 years old on the day of separation from service pertaining to their recipient qualification, 45 percent), that amount; hereinafter referred to as the "daily basic allowance amount" in this Article) by the number obtained by multiplying the number of days equivalent to the remaining number of benefit days by 0.6 (for persons for whom the remaining number of benefit days for the basic allowance on the day before the day on which they took up the employment is two-thirds or more of the prescribed duration of benefits based on the recipient qualification, 0.7) (for persons specified by Order of the Ministry of Health, Labour and Welfare who are employed continuously for six months or more in a covered undertaking by the same employer from the day on which they took up the employment, the amount obtained by adding to that amount the amount specified by Order of the Ministry of Health, Labour and Welfare within the limit of the amount obtained by multiplying the daily basic allowance amount by the number obtained by multiplying the number of days equivalent to the remaining number of benefit days by 0.2); and
第一項第一号に該当する者 第十六条の規定による基本手当の日額(その金額が同条第一項(同条第二項において読み替えて適用する場合を含む。)に規定する一万二千九十円(その額が第十八条の規定により変更されたときは、その変更された額)に百分の五十(受給資格に係る離職の日において六十歳以上六十五歳未満である受給資格者にあつては、百分の四十五)を乗じて得た金額を超えるときは、当該金額。以下この条において「基本手当日額」という。)に支給残日数に相当する日数に十分の六(その職業に就いた日の前日における基本手当の支給残日数が当該受給資格に基づく所定給付日数の三分の二以上である者にあつては、十分の七)を乗じて得た数を乗じて得た額(同一の事業主の適用事業にその職業に就いた日から引き続いて六箇月以上雇用される者であつて厚生労働省令で定めるものにあつては、当該額に、基本手当日額に支給残日数に相当する日数に十分の二を乗じて得た数を乗じて得た額を限度として厚生労働省令で定める額を加えて得た額)
persons who fall under paragraph (1), item (ii): the amount specified by Order of the Ministry of Health, Labour and Welfare in accordance with the classification of persons listed in the following sub-items (a) through (d), within the limit of the amount obtained by multiplying the amount prescribed in the sub-items (a) through (d) by 40:
第一項第二号に該当する者 次のイからニまでに掲げる者の区分に応じ、当該イからニまでに定める額に四十を乗じて得た額を限度として厚生労働省令で定める額
qualified recipients:the daily amount of the basic allowance;
受給資格者 基本手当日額
elderly qualified recipients:the daily amount of the basic allowance to be paid to the persons when the provisions of Articles 16 through 18 are applied by deeming them as qualified recipients of the basic allowance who are under 30 years old on the day of separation from service pertaining to the recipient qualification for the elderly (when the amount exceeds the amount obtained by multiplying 12,090 yen (when the amount has been changed pursuant to the provisions of Article 18, the changed amount) prescribed in Article 16, paragraph (1) which is applied by deeming the persons as qualified recipients of the basic allowance, by 50 percent, that amount);
specially qualified recipients:the daily amount of the basic allowance to be paid to the persons when the provisions of Articles 16 through 18 are applied by deeming them as qualified recipients of the basic allowance (when the amount exceeds the amount obtained by multiplying 12,090 yen (when the amount has been changed pursuant to the provisions of Article 18, the changed amount) prescribed in Article 16, paragraph (1) (including as applied pursuant to paragraph (2) of the same Article, following the deemed replacement of terms) which is applied by deeming the persons as qualified recipients of the basic allowance, by 50 percent (for specially qualified recipients who are 60 years old or older and under 65 years old on the day of separation from service pertaining to their special recipient qualifications, 45 percent), that amount);
qualified day worker recipients:the daily amount of the job applicant benefits for day workers under the provisions of Article 48 or Article 54, item (ii).
When the employment promotion allowance pertaining to persons who fall under paragraph (1), item (i) has been paid, with regard to the application of the provisions of this Act (excluding the provisions of Article 10-4 and Article 34), the basic allowance is deemed to have been paid for the number of days equivalent to the number of days obtained by dividing the amount of the employment promotion allowance by the daily basic allowance amount.
Article 57Special Provisions for Cases where the Employment Promotion Allowance Has Been Paid
第五十七条(就業促進手当の支給を受けた場合の特例)
Notwithstanding the provisions of Article 20, paragraphs (1) and (2), and Article 33, paragraph (3), when the period listed in item (i) exceeds the period listed in item (ii), with regard to specific recipients of the employment promotion allowance, the basic allowance benefit period for the specific recipients of the employment promotion allowance is to be the period adding the period under these provisions and the exceeding period:
the period adding the period between the day after the day of separation from service pertaining to the recipient qualification for the basic allowance pertaining to the employment promotion allowance (limited to the allowance pertaining to persons who fall under paragraph (1), item (i) of the preceding Article; hereinafter the same applies in this Article) and the day of the second separation from service (meaning the first separation from employment after receiving payment of the employment promotion allowance; the same applies in the following paragraph (when the recipient qualification, recipient qualification for the elderly, or special recipient qualification has been newly obtained, excluding separation from service pertaining to the recipient qualification, recipient qualification for the elderly, or special recipient qualification)) and the number of days listed in the following sub-items (a) and (b):
the number of days specified by Order of the Ministry of Health, Labour and Welfare within a limit of 20 days or less;
二十日以下の範囲内で厚生労働省令で定める日数
the number of days obtained by deducting the number of days for which the basic allowance is deemed to have been paid pursuant to the provisions of paragraph (4) of the preceding Article from the remaining number of benefit days on the day before the day on which the person took up the employment pertaining to the employment promotion allowance;
the period prescribed in Article 20, paragraphs (1) and (2) pertaining to the recipient qualification, assuming the person had not taken up the employment (for qualified recipients who fall under the provisions of Article 33, paragraph (3), the period prescribed in the same paragraph).
The specific recipients of the employment promotion allowance referred to in the preceding paragraph means persons who have received payment of the employment promotion allowance, whose second separation from service falls within the period prescribed in Article 20, paragraphs (1) and (2) pertaining to recipient qualification for the basic allowance pertaining to the employment promotion allowance (for qualified recipients who fall under the provisions of Article 33, paragraph (3), the period prescribed in the same paragraph) and who fall under any of the following items:
persons whose second separation from service has been prescribed by Order of the Ministry of Health, Labour and Welfare as having accompanied an insolvency that occurred with regard to the undertaking by the employer who had been employing the persons, or the downsizing or discontinuance of the covered undertaking by the employer;
beyond what is provided for in the preceding item, persons who have been separated from service because of dismissal or other reasons specified by Order of the Ministry of Health, Labour and Welfare.
With regard to qualified recipients who fall under the provisions of paragraph (1), the term "Article 20, paragraphs (1) and (2)" in Article 24, paragraph (1) is deemed to be replaced with "Article 57, paragraph (1)."
The provisions of Article 33, paragraph (5) apply mutatis mutandis to qualified recipients who fall under paragraph (1).
第五十八条(移転費)
If a qualified recipient, etc., changes their domicile or residence to take up the employment referred by the Public Employment Security Office, a specified local government prescribed in Article 4, paragraph (9) of the Employment Security Act or an employment placement provider prescribed in Article 18-2 of that Act, or to take a course of public vocational training, etc., as directed by the chief of the Public Employment Security Office, and the chief of the Public Employment Security Office finds it necessary in accordance with the standards specified by the Minister of Health, Labour and Welfare, relocation expenses are paid.
The amount of the relocation expenses is specified by Order of the Ministry of Health, Labour and Welfare, taking into account the expenses normally required for relocation of a qualified recipient, etc., and cohabiting relatives who are supported by the recipient.
移転費の額は、受給資格者等及びその者により生計を維持されている同居の親族の移転に通常要する費用を考慮して、厚生労働省令で定める。
Article 59Job-Seeking Activity Support Expenses
第五十九条(求職活動支援費)
When a qualified recipient, etc., engages in any of the acts falling under the following items in connection with job-seeking activities and the chief of the Public Employment Security Office finds it necessary in accordance with the standards specified by the Minister of Health, Labour and Welfare, job-seeking activity support expenses are paid:
求職活動支援費は、受給資格者等が求職活動に伴い次の各号のいずれかに該当する行為をする場合において、公共職業安定所長が厚生労働大臣の定める基準に従つて必要があると認めたときに、支給する。
job-seeking activities over a wide area through referral by the Public Employment Security Office;
公共職業安定所の紹介による広範囲の地域にわたる求職活動
taking a course of job-related educational training or engaging in other activities in accordance with the vocational guidance of the Public Employment Security Office; and
公共職業安定所の職業指導に従つて行う職業に関する教育訓練の受講その他の活動
using services for facilitating job-seeking activities.
求職活動を容易にするための役務の利用
The amount of the job-seeking activity support expenses is specified by Order of the Ministry of Health, Labour and Welfare, taking into account the expenses normally required for the acts referred to in the items of the preceding paragraph.
求職活動支援費の額は、前項各号の行為に通常要する費用を考慮して、厚生労働省令で定める。
Article 60Restriction on Benefits
第六十条(給付制限)
The employment promotion benefits are not paid to a person who has received or attempted to receive payment of the job applicant benefits or employment promotion benefits by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of these benefits; provided, however, that if there are unavoidable reasons, the whole or a part of the employment promotion benefits may be paid.
偽りその他不正の行為により求職者給付又は就職促進給付の支給を受け、又は受けようとした者には、これらの給付の支給を受け、又は受けようとした日以後、就職促進給付を支給しない。ただし、やむを得ない理由がある場合には、就職促進給付の全部又は一部を支給することができる。
If a person prescribed in the preceding paragraph has newly obtained recipient qualification, recipient qualification for the elderly or special recipient qualification on or after the day prescribed in the same paragraph, the employment promotion benefits based on the recipient qualification, recipient qualification for the elderly or special recipient qualification are paid, notwithstanding the provisions of the same paragraph.
Where a person prescribed in paragraph (1) who has been disqualified from receiving payment of the job applicant benefits for day workers pursuant to the provisions of Article 52, paragraph (3) (including as applied mutatis mutandis pursuant to Article 55, paragraph (4); the same applies in the following paragraph), is or has become a qualified day worker recipient, after the expiration of the period of disqualification for the payment, the employment promotion benefits are paid based on the qualification as a qualified day worker recipient, notwithstanding the provisions of paragraph (1).
If a person prescribed in paragraph (1) (excluding a person who is considered to be disqualified from receiving payment of the job applicant benefits for day workers pursuant to the provisions of Article 52, paragraph (3)) has newly become a qualified day worker recipient, the employment promotion benefits based on the qualification as a qualified day worker recipient are paid to the person, notwithstanding the provisions of paragraph (1).
When a qualified recipient has become unable to receive payment of the whole or a part of the employment promotion allowance based on the recipient qualification, due to being denied payment of the employment promotion benefits pursuant to the provisions of paragraph (1), the whole or a part of the employment promotion allowance that the person was disqualified from receiving is deemed to have been paid, with regard to the application of the provisions of Article 56-3, paragraph (4).
受給資格者が第一項の規定により就職促進給付を支給されないこととされたため、当該受給資格に基づく就業促進手当の全部又は一部の支給を受けることができなくなつたときは、第五十六条の三第四項の規定の適用については、その全部又は一部の支給を受けることができないこととされた就業促進手当の支給があつたものとみなす。
Section 5-2 Educational Training Benefits
第五節の二 教育訓練給付
Article 60-2Educational Training Benefits
第六十条の二(教育訓練給付金)
The educational training benefits are to be paid when persons falling under any of the following items (hereinafter referred to as "educational training benefit recipients") take and complete the educational training designated by the Minister of Health, Labour and Welfare as job-related educational training necessary for employment security and promotion of job placement as prescribed by Order of the Ministry of Health, Labour and Welfare (including the case where they are taking the educational training and the case is specified by Order of the Ministry of Health, Labour and Welfare, and limited to the case where the certification specified by Order of the Ministry of Health, Labour and Welfare has been made by the practitioner of specified educational training pertaining to the educational training), and where the required period for payment is three years or more:
教育訓練給付金は、次の各号のいずれかに該当する者(以下「教育訓練給付金支給対象者」という。)が、厚生労働省令で定めるところにより、雇用の安定及び就職の促進を図るために必要な職業に関する教育訓練として厚生労働大臣が指定する教育訓練を受け、当該教育訓練を修了した場合(当該教育訓練を受けている場合であつて厚生労働省令で定める場合を含み、当該教育訓練に係る指定教育訓練実施者により厚生労働省令で定める証明がされた場合に限る。)において、支給要件期間が三年以上であるときに、支給する。
persons who are generally insured persons (meaning insured persons other than elderly insured persons, specially insured persons in short-term employment, and insured day workers; the same applies hereinafter) or elderly insured persons on the day of commencing the educational training (hereinafter referred to as "the basis day" in this Article); or
当該教育訓練を開始した日(以下この条において「基準日」という。)に一般被保険者(被保険者のうち、高年齢被保険者、短期雇用特例被保険者及び日雇労働被保険者以外の者をいう。以下同じ。)又は高年齢被保険者である者
persons other than those listed in the preceding item, whose basis day falls within the period specified by Order of the Ministry of Health, Labour and Welfare from the day on which they ceased to be generally insured persons or elderly insured persons immediately before the basis day.
The required period for payment referred to in the preceding paragraph is to be the period, within the period before the basis day, during which an educational training benefit recipient is employed continuously as an insured person in a covered undertaking by the same employer (for persons who had at one time been insured before the day they became an insured person pertaining to the period of employment, the period is to be the aggregate of the period of employment and the period during which the person had been insured); provided, however, that when the periods listed in the following items are included in that period, the period is calculated excluding all periods falling under those listed in the items:
前項の支給要件期間は、教育訓練給付金支給対象者が基準日までの間に同一の事業主の適用事業に引き続いて被保険者として雇用された期間(当該雇用された期間に係る被保険者となつた日前に被保険者であつたことがある者については、当該雇用された期間と当該被保険者であつた期間を通算した期間)とする。ただし、当該期間に次の各号に掲げる期間が含まれているときは、当該各号に掲げる期間に該当する全ての期間を除いて算定した期間とする。
when the period of employment or the day on which the person had ceased to be an insured person immediately before the day they became an insured person pertaining to the period during which they had been insured is not within a one-year period prior to the day on which they had become insured, the period is the period during which the person had been insured before the day on which they had ceased to be an insured person; or
当該雇用された期間又は当該被保険者であつた期間に係る被保険者となつた日の直前の被保険者でなくなつた日が当該被保険者となつた日前一年の期間内にないときは、当該直前の被保険者でなくなつた日前の被保険者であつた期間
when the educational training benefits have been received prior to the basis day, the period is the period during which the person was insured prior to the basis day pertaining to the benefits.
The provisions of Article 22, paragraph (4) apply mutatis mutandis to the calculations of the required period for payment referred to in the preceding paragraph.
The amount of the educational training benefits is to be an amount obtained by multiplying the amount of expenses which the educational training benefit recipients have paid for taking the educational training prescribed in paragraph (1) (limited to expenses within the limit specified by Order of the Ministry of Health, Labour and Welfare) (limited to the amount which has been certified by the practitioner of specified educational training pertaining to the educational training as the amount of expenses paid for taking the educational training) by a rate specified by Order of the Ministry of Health, Labour and Welfare, within the range of 20 percent or more and 80 percent or less (when the amount exceeds the amount specified by Order of the Ministry of Health, Labour and Welfare, the amount specified).
教育訓練給付金の額は、教育訓練給付金支給対象者が第一項に規定する教育訓練の受講のために支払つた費用(厚生労働省令で定める範囲内のものに限る。)の額(当該教育訓練の受講のために支払つた費用の額であることについて当該教育訓練に係る指定教育訓練実施者により証明がされたものに限る。)に百分の二十以上百分の八十以下の範囲内において厚生労働省令で定める率を乗じて得た額(その額が厚生労働省令で定める額を超えるときは、その定める額)とする。
Notwithstanding the provisions of paragraph (1) and the preceding paragraph, when the amount calculated as the educational training benefits under the provisions of those paragraphs does not exceed the amount specified by Order of the Ministry of Health, Labour and Welfare, or when the educational training benefit recipient has received payment of the educational training benefits within the period specified by Order of the Ministry of Health, Labour and Welfare before the basis day, the educational training benefits are not paid.
第一項及び前項の規定にかかわらず、同項の規定により教育訓練給付金の額として算定された額が厚生労働省令で定める額を超えないとき、又は教育訓練給付金支給対象者が基準日前厚生労働省令で定める期間内に教育訓練給付金の支給を受けたことがあるときは、教育訓練給付金は、支給しない。
Article 60-3Educational Training Leave Benefits
第六十条の三(教育訓練休暇給付金)
The educational training leave benefits are paid, when a generally insured person has taken leave for receiving job-related educational training (hereinafter referred to as "educational training leave") as prescribed by Order of the Ministry of Health, Labour and Welfare, with regard to the days on which the person is taking educational training leave (limited to days for which the recognition that the person is taking educational training leave has been obtained) within the period of one year calculated from the day on which the person commenced the educational training leave (where the person has taken educational training leave two or more times by the day on which one year elapses calculated from the day on which the person commenced that educational training leave, the first educational training leave) (hereinafter referred to as the "leave commencement day"), within the limit of the number of days equivalent to the number of days under the provisions of paragraph (6); provided, however, that this does not apply when the case falls under any of the following items:
教育訓練休暇給付金は、一般被保険者が、厚生労働省令で定めるところにより、職業に関する教育訓練を受けるための休暇(以下「教育訓練休暇」という。)を取得した場合に、当該教育訓練休暇(当該教育訓練休暇を開始した日から起算して一年を経過する日までに二回以上の教育訓練休暇を取得した場合にあつては、初回の教育訓練休暇)を開始した日(以下「休暇開始日」という。)から起算して一年の期間内の教育訓練休暇を取得している日(教育訓練休暇を取得していることについての認定を受けた日に限る。)について、第六項の規定による日数に相当する日数分を限度として支給する。ただし、次の各号のいずれかに該当するときは、この限りでない。
when the period deemed to be the insured period during the two years preceding the leave commencement day (for a generally insured person who was continuously unable to receive payment of wages for 30 days or more during that period due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the period obtained by adding the number of days for which the person was unable to receive payment of wages for those reasons to two years (if the period exceeds four years, four years)) is less than 12 months in total; or
when the period equivalent to the period to be calculated when the provisions of Article 22, paragraphs (3) and (4) are applied, deeming the generally insured person as a qualified recipient and the day before the leave commencement day as the basis day prescribed in Article 20, paragraph (1), item (i), is less than five years.
当該一般被保険者を受給資格者と、休暇開始日の前日を第二十条第一項第一号に規定する基準日とみなして第二十二条第三項及び第四項の規定を適用した場合に算定されることとなる期間に相当する期間が、五年に満たないとき。
The "period deemed to be the insured period" referred to in item (i) of the preceding paragraph is to be the period equivalent to the insured period that would be calculated when the provisions of Article 14 are applied by deeming the leave commencement day to be the day on which the person ceased to be an insured person.
With regard to the application of the provisions of paragraph (1) in the case where a generally insured person who is unable to receive educational training for a continuous period of 30 days or more within the period of one year calculated from the leave commencement day due to pregnancy, childbirth or childcare or for other reasons specified by Order of the Ministry of Health, Labour and Welfare has notified the chief of the Public Employment Security Office to that effect as prescribed by Order of the Ministry of Health, Labour and Welfare, the phrase "one year elapses" in that paragraph is deemed to be replaced with "the period obtained by adding to one year the number of days for which the person is unable to receive educational training for the reasons prescribed in paragraph (3) (if the period exceeds four years, four years) elapses", and the phrase "the period of one year" with "the period obtained by adding to one year the number of days for which the person is unable to receive educational training for the reasons prescribed in that paragraph (if the period exceeds four years, four years)".
The recognition that the person is taking educational training leave referred to in paragraph (1) is to be given by the chief of the Public Employment Security Office, as prescribed by Order of the Ministry of Health, Labour and Welfare, once every 30 days calculated from the leave commencement day, with regard to each day of the immediately preceding 30 days.
The daily amount of the educational training leave benefits is to be the amount equivalent to the daily amount of the basic allowance that would be paid to a generally insured person who is able to receive payment of the educational training leave benefits (referred to as an "educational training leave benefit recipient" in the following paragraph) when the provisions of Articles 16 through 18 are applied by deeming the person to be a qualified recipient and the day before the leave commencement day to be the day of separation from service pertaining to the recipient qualification.
教育訓練休暇給付金の日額は、教育訓練休暇給付金の支給を受けることができる一般被保険者(次項において「教育訓練休暇給付金支給対象者」という。)を受給資格者と、休暇開始日の前日を受給資格に係る離職の日とみなして第十六条から第十八条までの規定を適用した場合にその者に支給されることとなる基本手当の日額に相当する額とする。
The number of days for which the educational training leave benefits are paid is to be the number of days equivalent to the prescribed duration of benefits when the provisions of Article 22, paragraphs (1), (3) and (4) are applied by deeming the educational training leave benefit recipient to be a qualified recipient and the day before the leave commencement day to be the basis day prescribed in Article 20, paragraph (1), item (i).
教育訓練休暇給付金を支給する日数は、教育訓練休暇給付金支給対象者を受給資格者と、休暇開始日の前日を第二十条第一項第一号に規定する基準日とみなして第二十二条第一項、第三項及び第四項の規定を適用した場合の所定給付日数に相当する日数とする。
第六十条の四(特定教育訓練休暇給付金受給者に対する失業等給付の特例)
With regard to the application of the provisions of Article 14, paragraph (2) and Article 22, paragraphs (1) and (2) to specific recipients of educational training leave benefits, the phrase "each of the following items" in Article 14, paragraph (2) is deemed to be replaced with "items (i) and (ii)", the phrase "the number of days specified in each of the following items in accordance with the classification of qualified recipients listed in the respective items" in Article 22, paragraph (1) is deemed to be replaced with "90 days", and the phrase "the number of days specified in the following items in accordance with the classification of qualified recipients listed in those items for those with a basic period for calculation equal to or exceeding one year, and 150 days for those with a basic period for calculation of less than one year" in paragraph (2) of that Article is deemed to be replaced with "150 days", and the provisions of Article 23, paragraph (1) do not apply.
The specific recipients of educational training leave benefits referred to in the preceding paragraph means persons who have received payment of the educational training leave benefits and have separated from service during the period from the leave commencement day to the day on which six months elapse calculated from the day on which the educational training leave pertaining to those benefits ended (where the person has taken educational training leave two or more times by the day on which one year elapses calculated from the leave commencement day, the day on which the last educational training leave ended), who are persons other than qualified recipients and who fall under any of the following items:
persons whose separation from service has been prescribed by Order of the Ministry of Health, Labour and Welfare as having accompanied an insolvency that occurred with regard to the undertaking by the employer who had been employing the persons, or the downsizing or discontinuance of the covered undertaking by the employer;
beyond what is provided for in the preceding item, persons who have been separated from service because of dismissal or other reasons specified by Order of the Ministry of Health, Labour and Welfare.
With regard to the application of the provisions of the preceding paragraph to a person to whom the provisions of paragraph (3) of the preceding Article have been applied, the term "one year" in that paragraph is deemed to be replaced with "the period obtained by adding to one year the number of days for which the person is unable to receive educational training for the reasons prescribed in paragraph (3) of the preceding Article (if the period exceeds four years, four years)".
Article 60-5Restriction on Benefits
第六十条の五(給付制限)
The educational training benefits are not paid to a person who has received or attempted to receive payment of the educational training benefits by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of the benefits; provided, however, that if there are unavoidable reasons, the whole or a part of the educational training benefits may be paid.
偽りその他不正の行為により教育訓練給付の支給を受け、又は受けようとした者には、当該給付の支給を受け、又は受けようとした日以後、教育訓練給付を支給しない。ただし、やむを得ない理由がある場合には、教育訓練給付の全部又は一部を支給することができる。
If a person who is unable to receive payment of the educational training benefits pursuant to the provisions of the preceding paragraph has newly become a person who is able to receive payment of the educational training benefits, the educational training benefits are paid, notwithstanding the provisions of the same paragraph.
Even if a person has become unable to receive payment of the educational training benefits pursuant to the provisions of paragraph (1), with regard to the application of the provisions of Article 60-2, paragraph (2), the benefits are deemed to have been paid.
Even if a person has become unable to receive payment of the educational training leave benefits pursuant to the provisions of paragraph (1), with regard to the application of the provisions of Article 14, paragraph (2) and Article 22, paragraph (3), the benefits are deemed to have been paid.
Section 6 Continuous Employment Benefits
第六節 雇用継続給付
Subsection 1 Continuous Employment Benefits for the Elderly
第一款 高年齢雇用継続給付
Article 61Basic Continuous Employment Benefits for the Elderly
第六十一条(高年齢雇用継続基本給付金)
The basic continuous employment benefits for the elderly are paid for the months subject to payment where the amount of wages paid (where there are wages, payment of which could not be received in the months subject to payment due to misconduct, disease or other reasons specified by Order of the Ministry of Health, Labour and Welfare, the amount calculated by deeming that those wages have been paid; hereinafter the same applies in this paragraph, the items of paragraphs (4) and (5) (including as applied mutatis mutandis pursuant to paragraph (3) of the following Article) and paragraph (1) of the same Article), to an insured person (excluding specially insured persons in short-term employment and insured day workers; hereinafter the same applies in this Subsection) in the month subject to payment (when the insured person has ceased to fall under item (i), the months subject to payment after the month subject to payment containing the day on which the person ceased to fall under the same item), has fallen below an amount equivalent to 75 percent of the amount obtained by multiplying by 30 the amount equivalent to the daily amount of wages calculated where the provisions of Article 17 (excluding paragraph (3)) are applied, deeming the insured person as a qualified recipient and the day on which the insured person reached 60 years of age (when the insured person has ceased to fall under item (i), the day on which the person ceased to fall under the same item) as the day of separation from service pertaining to the recipient qualification (hereinafter referred to as the "amount deemed to be the daily amount of wages" in this Article); provided, however, that this does not apply when the case falls under any of the following items:
高年齢雇用継続基本給付金は、被保険者(短期雇用特例被保険者及び日雇労働被保険者を除く。以下この款において同じ。)に対して支給対象月(当該被保険者が第一号に該当しなくなつたときは、同号に該当しなくなつた日の属する支給対象月以後の支給対象月)に支払われた賃金の額(支給対象月において非行、疾病その他の厚生労働省令で定める理由により支払を受けることができなかつた賃金がある場合には、その支払を受けたものとみなして算定した賃金の額。以下この項、第四項及び第五項各号(次条第三項において準用する場合を含む。)並びに同条第一項において同じ。)が、当該被保険者を受給資格者と、当該被保険者が六十歳に達した日(当該被保険者が第一号に該当しなくなつたときは、同号に該当しなくなつた日)を受給資格に係る離職の日とみなして第十七条(第三項を除く。)の規定を適用した場合に算定されることとなる賃金日額に相当する額(以下この条において「みなし賃金日額」という。)に三十を乗じて得た額の百分の七十五に相当する額を下るに至つた場合に、当該支給対象月について支給する。ただし、次の各号のいずれかに該当するときは、この限りでない。
when the period equivalent to the period to be calculated when the provisions of Article 22, paragraphs (3) and (4) have been applied, deeming the insured person as a qualified recipient and the day on which the insured person reached 60 years of age or the day in the month subject to payment corresponding to that day (for a month which does not have a day corresponding to that day, the last day of that month) as the basis day prescribed in Article 20, paragraph (1), item (i) is less than five years;
当該被保険者を受給資格者と、当該被保険者が六十歳に達した日又は当該支給対象月においてその日に応当する日(その日に応当する日がない月においては、その月の末日。)を第二十条第一項第一号に規定する基準日とみなして第二十二条第三項及び第四項の規定を適用した場合に算定されることとなる期間に相当する期間が、五年に満たないとき。
when the amount of wages paid in the month subject to payment is 356,400 yen or more (when that amount has been changed pursuant to the provisions of paragraph (7), the changed amount; hereinafter referred to as the "payment amount limit" in this Subsection).
The term "months subject to payment" as used in this Article means the months within the period from the month containing the day on which the insured person reached 60 years of age until the month containing the day on which they reach 65 years of age (limited to months in which the person was continuously insured from the first to the last day of the month and in which they did not take absence from work for which they could receive payment of the nursing care leave benefits, childcare leave benefits, parental leave benefits or post-birth leave support benefits and did not take leave for which they could receive payment of the educational training leave benefits).
この条において「支給対象月」とは、被保険者が六十歳に達した日の属する月から六十五歳に達する日の属する月までの期間内にある月(その月の初日から末日まで引き続いて、被保険者であり、かつ、介護休業給付金又は育児休業給付金、出生時育児休業給付金若しくは出生後休業支援給付金の支給を受けることができる休業及び教育訓練休暇給付金の支給を受けることができる休暇の取得をしなかつた月に限る。)をいう。
When the deemed daily wage amount is calculated pursuant to the provisions of paragraph (1), with regard to the application of the provisions of Article 17, paragraph (4), the term "the provisions of the preceding three paragraphs" in the same paragraph is deemed to be replaced with "the provisions of paragraphs (1) and (2)."
When it is not possible or it is difficult to calculate the deemed daily wage amount pursuant to the provisions of paragraph (1), or where it is found inappropriate to apply the provisions of the same paragraph using the deemed daily wage amount calculated pursuant to the provisions of the same paragraph, the deemed daily wage amount calculated as specified by the Minister of Health, Labour and Welfare. In this case, the provisions of Article 17, paragraph (4) apply mutatis mutandis to the deemed daily wage amount calculated pursuant to the provisions of this paragraph.
The amount of the basic continuous employment benefits for the elderly for a single month subject to payment is the amount obtained, in accordance with the classification listed in the following items, by multiplying the amount of wages paid in the month subject to payment by the rates prescribed in the items; provided, however, that where the amount obtained by adding the amount of wages to that amount exceeds the payment amount limit, it is to be the amount obtained by deducting the amount of wages from the payment amount limit:
when the amount of wages is less than the amount equivalent to 64 percent of the amount obtained by multiplying the amount deemed to be the daily amount of wages by 30:10 percent;
when the case does not fall under the preceding item:the percentage specified by Order of the Ministry of Health, Labour and Welfare to gradually decrease from 10 percent in a fixed percentage in accordance with the degree of gradual increase in the proportion of the amount of wages to the amount obtained by multiplying the amount deemed to be the daily amount of wages by 30.
Notwithstanding the provisions of paragraph (1) and the preceding paragraph, the basic continuous employment benefits for the elderly are not paid for the month subject to payment, when the amount calculated as the amount of the basic continuous employment benefits for the elderly for the month subject to payment does not exceed the amount equivalent to 80 percent of the amount listed in Article 17, paragraph (4), item (i) (when that amount has been changed pursuant to the provisions of Article 18, the changed amount).
When the average earnings for the fiscal year have either exceeded or fallen below the average earnings for the year beginning on April 1, 2015 (where the payment amount limit has been changed pursuant to the provisions of this paragraph, the fiscal year preceding the fiscal year of the most recent change), the Minister of Health, Labour and Welfare must change the payment amount limit applicable from August 1 of the following fiscal year, in accordance with the rate of increase or decrease.
Article 61-2Re-employment Benefits for the Elderly
第六十一条の二(高年齢再就職給付金)
The re-employment benefits for the elderly are paid for the months subject to payment after re-employment, where a qualified recipient (limited to one whose basic period for calculation pursuant to the provisions of Article 22, paragraph (3) as on the day of separation from service pertaining to the recipient qualification is not less than five years and who has received payment of the basic allowance based on the recipient qualification) has become an insured person due to taking stable employment on or after the day on which the insured person reached 60 years of age, and when the amount of wages paid to the insured person in the months subject to payment after re-employment has fallen below the amount equivalent to 75 percent of the amount obtained by multiplying by 30 the daily amount of wages, which was the basis of the calculation of the daily amount of the basic allowance; provided, however, that this does not apply when the case falls under any of the following items:
高年齢再就職給付金は、受給資格者(その受給資格に係る離職の日における第二十二条第三項の規定による算定基礎期間が五年以上あり、かつ、当該受給資格に基づく基本手当の支給を受けたことがある者に限る。)が六十歳に達した日以後安定した職業に就くことにより被保険者となつた場合において、当該被保険者に対し再就職後の支給対象月に支払われた賃金の額が、当該基本手当の日額の算定の基礎となつた賃金日額に三十を乗じて得た額の百分の七十五に相当する額を下るに至つたときに、当該再就職後の支給対象月について支給する。ただし、次の各号のいずれかに該当するときは、この限りでない。
when the remaining number of payment days on the day before the day on which the insured person took up the employment (referred to as the "employment day" in the following paragraph) is less than 100 days;
when the amount of wages paid in the months subject to payment after the re-employment is not less than the payment amount limit.
当該再就職後の支給対象月に支払われた賃金の額が、支給限度額以上であるとき。
The "months subject to payment after re-employment" referred to in the preceding paragraph, means the months within the period between the month containing the employment day and the month containing the day on which two years (for an insured person referred to in the same paragraph whose remaining number of benefit days on the day before the employment day is less than 200 days, one year) have elapsed from the day after the employment day (where the month is a month after the month in which the insured person referred to in the same paragraph reaches 65 years of age, the month in which the person reaches 65 years of age) (limited to months in which the person was continuously insured from the first to the last day of the month and in which they did not take absence from work for which they could receive payment of the nursing care leave benefits, childcare leave benefits, parental leave benefits or post-birth leave support benefits and did not take leave for which they could receive payment of the educational training leave benefits).
The provisions of paragraphs (5) and (6) of the preceding Article apply mutatis mutandis to the amount of the re-employment benefits for the elderly. In this case, the terms in paragraph (5) of the same Article "for a single month subject to payment", "the month subject to payment" and "the amount deemed to be the daily amount of wages" are deemed to be replaced, respectively, with "for a single month subject to payment after re-employment (meaning the months subject to payment after the re-employment prescribed in paragraph (2) of the following Article; the same applies in paragraph (6) as applied mutatis mutandis pursuant to paragraph (3) of the following Article)", "the month subject to payment after re-employment" and "the daily amount of wages referred to in Article 61-2, paragraph (1)"; and the terms in paragraph (6) of the same Article "paragraph (1)" and "the month subject to payment" are deemed to be replaced, respectively, with "Article 61-2, paragraph (1)" and "the month subject to payment after re-employment."
If a person who is able to receive payment of the re-employment benefits for the elderly is qualified to receive payment of the employment promotion allowance (limited to an allowance pertaining to persons falling under Article 56-3, paragraph (1), item (i); hereinafter the same applies in this paragraph) with regard to the same employment, the re-employment benefits for the elderly are not paid when the person has received payment of the employment promotion allowance, and the employment promotion allowance is not paid when the person has received payment of the re-employment benefits for the elderly.
高年齢再就職給付金の支給を受けることができる者が、同一の就職につき就業促進手当(第五十六条の三第一項第一号に該当する者に係るものに限る。以下この項において同じ。)の支給を受けることができる場合において、その者が就業促進手当の支給を受けたときは高年齢再就職給付金を支給せず、高年齢再就職給付金の支給を受けたときは就業促進手当を支給しない。
Article 61-3Restriction on Benefits
第六十一条の三(給付制限)
The continuous employment benefits for the elderly prescribed in the following items are not paid to a person who has received or attempted to receive payment of the benefits for unemployment, etc., listed in the same items by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of the benefits; provided, however, that in the case where there are unavoidable reasons, the whole or a part of the continuous employment benefits for the elderly may be paid:
basic continuous employment benefits for the elderly:basic continuous employment benefits for the elderly; and
高年齢雇用継続基本給付金 高年齢雇用継続基本給付金
re-employment benefits for the elderly or job applicant benefits or employment promotion benefits based on the recipient qualification pertaining to the benefits:re-employment benefits for the elderly.
高年齢再就職給付金又は当該給付金に係る受給資格に基づく求職者給付若しくは就職促進給付 高年齢再就職給付金
Subsection 2 Nursing Care Leave Benefits
第二款 介護休業給付
Article 61-4Nursing Care Leave Benefits
第六十一条の四(介護休業給付金)
The nursing care leave benefits are paid for the payment unit period where an insured person (excluding specially insured persons in short-term employment and insured day workers; hereinafter the same applies in this Article) has, as prescribed by Order of the Ministry of Health, Labour and Welfare, taken absence from work in order to provide care for an applicable family member (meaning the insured person's spouse (including a person in a de facto marital relationship with the insured person, where the marriage has not been registered; hereinafter the same applies in this paragraph), parents and children (including those specified by Order of the Ministry of Health, Labour and Welfare as persons equivalent to them), and the spouse's parents; hereinafter the same applies in this Article) (hereinafter referred to as "caregiver leave"), when the period deemed to be the insured period is a total of 12 months or more within the two-year period preceding the day on which the caregiver leave (where the insured person has taken caregiver leave two or more times in order to provide care for the applicable family member, the first caregiver leave; hereinafter the same applies in this paragraph) was commenced (for an insured person who was continuously unable to receive payment of wages for 30 days or more due to disease, injury or other reasons specified by Order of the Ministry of Health, Labour and Welfare during the two-year period preceding the day on which the caregiver leave was commenced, two years added to the number of days for which payment of wages could not be received due to the reason (when that total period exceeds four years; four years)).
介護休業給付金は、被保険者(短期雇用特例被保険者及び日雇労働被保険者を除く。以下この条において同じ。)が、厚生労働省令で定めるところにより、対象家族(当該被保険者の配偶者(婚姻の届出をしていないが、事実上婚姻関係と同様の事情にある者を含む。以下この項において同じ。)、父母及び子(これらの者に準ずる者として厚生労働省令で定めるものを含む。)並びに配偶者の父母をいう。以下この条において同じ。)を介護するための休業(以下「介護休業」という。)をした場合において、当該介護休業(当該対象家族を介護するための二回以上の介護休業をした場合にあつては、初回の介護休業とする。以下この項において同じ。)を開始した日前二年間(当該介護休業を開始した日前二年間に疾病、負傷その他厚生労働省令で定める理由により引き続き三十日以上賃金の支払を受けることができなかつた被保険者については、当該理由により賃金の支払を受けることができなかつた日数を二年に加算した期間(その期間が四年を超えるときは、四年間))に、みなし被保険者期間が通算して十二箇月以上であつたときに、支給単位期間について支給する。
The "period deemed to be the insured period" referred to in the preceding paragraph is to be the period equivalent to the insured period that would be calculated when the provisions of Article 14 (excluding paragraph (2), item (iii)) are applied by deeming the day on which the caregiver leave (where the insured person has taken caregiver leave two or more times for the same applicable family member, the first caregiver leave) was commenced to be the day on which the person ceased to be an insured person.
The "payment unit period" in this Article means a single period when the period of caregiver leave taken (limited to the period until the day on which three months have elapsed since the day on which the caregiver leave was commenced) has been classified into each period from the day on which the caregiver leave was commenced or the day corresponding to that day in each month within the period of the caregiver leave (for a month which does not have a day corresponding to that day, the last day of the month, hereinafter referred to as the "corresponding absence commencement day" in this paragraph and item (ii) of the following paragraph) until the day before the corresponding absence commencement day in each successive month (for the month containing the day on which the caregiver leave was ended, the day on which the caregiver leave ended), in accordance with the classification.
The amount of the nursing care leave benefits for a single payment unit period is an amount equivalent to 40 percent of the amount obtained by multiplying the amount equivalent to the daily amount of wages to be calculated when the provisions of Article 17 have been applied, deeming the insured person qualified to receive payment of the nursing care leave benefits as a qualified recipient and the day before the day on which the insured person commenced the caregiver leave pertaining to payment of the nursing care leave benefits as the day of separation from service pertaining to the recipient qualification (referred to as the "daily amount of wages at the commencement of absence" in the following paragraph), by the duration of benefits prescribed in the following items in accordance with the classification of payment unit periods listed in the same items (referred to as the "duration of benefits" in the following paragraph). In this case, with regard to the application of the provisions of the same Article, the phrase "the proviso of paragraph (1)" in paragraph (1) of the same Article is deemed to be replaced with "the proviso of paragraph (1) and paragraph (2), item (iii)"; the phrase "the amount listed in item (ii)" in paragraph (4) of the same Article is deemed to be replaced with "the amount specified in item (ii), (b)":
介護休業給付金の額は、一支給単位期間について、介護休業給付金の支給を受けることができる被保険者を受給資格者と、当該被保険者が当該介護休業給付金の支給に係る介護休業を開始した日の前日を受給資格に係る離職の日とみなして第十七条の規定を適用した場合に算定されることとなる賃金日額に相当する額(次項において「休業開始時賃金日額」という。)に次の各号に掲げる支給単位期間の区分に応じて当該各号に定める日数(次項において「支給日数」という。)を乗じて得た額の百分の四十に相当する額とする。この場合における同条の規定の適用については、同条第一項中「第一項ただし書」とあるのは「第一項ただし書及び第二項第三号」と、同条第四項中「第二号に掲げる額」とあるのは「第二号ロに定める額」とする。
payment unit periods other than the payment unit period listed in the following item:30 days; and
the payment unit period containing the day on which the caregiver leave was ended:the number of days from the day on which the caregiver leave was commenced or the corresponding absence commencement day until the day on which the caregiver leave was ended during the payment unit period.
Notwithstanding the provisions of the preceding paragraph, when wages have been paid during the payment unit period to the insured person who has taken caregiver leave by the employer who employs the insured person, when the amount obtained by adding the amount of the nursing care leave benefits for the payment unit period to the amount of wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, the amount obtained by deducting the amount of wages from the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits is the amount of the nursing care leave benefits for the payment unit period. In this case, when the amount of wages is equal to or more than the amount equivalent to 80 percent of the amount obtained by multiplying the daily amount of wages at the commencement of absence by the duration of benefits, notwithstanding the provisions of paragraph (1), the nursing care leave benefits are not paid for the payment unit period for which the wages were paid.
前項の規定にかかわらず、介護休業をした被保険者に当該被保険者を雇用している事業主から支給単位期間に賃金が支払われた場合において、当該賃金の額に当該支給単位期間における介護休業給付金の額を加えて得た額が休業開始時賃金日額に支給日数を乗じて得た額の百分の八十に相当する額以上であるときは、休業開始時賃金日額に支給日数を乗じて得た額の百分の八十に相当する額から当該賃金の額を減じて得た額を、当該支給単位期間における介護休業給付金の額とする。この場合において、当該賃金の額が休業開始時賃金日額に支給日数を乗じて得た額の百分の八十に相当する額以上であるときは、第一項の規定にかかわらず、当該賃金が支払われた支給単位期間については、介護休業給付金は、支給しない。
Notwithstanding the provisions of paragraph (1), if an insured person has received payment of the nursing care leave benefits with regard to caregiver leave, pursuant to the provisions of this Subsection, and when the insured person has taken caregiver leave that falls under any of the following items, the nursing care leave benefits are not paid:
where the insured person has taken caregiver leave four or more times for the same applicable family member, the fourth and any subsequent caregiver leave; or
caregiver leave taken after the day on which the number of days obtained by totaling, for each caregiver leave taken by the insured person for the same applicable family member, the number of days from the day on which the caregiver leave was commenced to the day on which the caregiver leave ended has reached 93 days.
Article 61-5Restriction on Benefits
第六十一条の五(給付制限)
The nursing care leave benefits are not paid to a person who has received or attempted to receive payment of the nursing care leave benefits by deception or other wrongful acts, starting from the day on which the person received or attempted to receive payment of the benefits; provided, however, that in the case where there are unavoidable reasons, the whole or a part of the nursing care leave benefits may be paid.
偽りその他不正の行為により介護休業給付金の支給を受け、又は受けようとした者には、当該給付金の支給を受け、又は受けようとした日以後、介護休業給付金を支給しない。ただし、やむを得ない理由がある場合には、介護休業給付金の全部又は一部を支給することができる。
If a person who has been disqualified from receiving payment of the nursing care leave benefits pursuant to the provisions of the preceding paragraph, has newly commenced caregiver leave, following the day prescribed in the same paragraph, and has become a person able to receive payment of the nursing care leave benefits, notwithstanding the provisions of the same paragraph, the nursing care leave benefits pertaining to the caregiver leave are paid.