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
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)".