The head of a prefecture, etc., when seeking to obtain the approval under paragraph (1), item (ii) of the preceding Article, and the head of a municipality, etc., when seeking to obtain the approval under item (iii) of that paragraph, must submit a written application for exclusion from the application of employment insurance (Form No. 1) to the Minister of Health, Labour and Welfare and to the Director of the Prefectural Labor Bureau, respectively.
The written application referred to in the preceding paragraph must be accompanied by laws and regulations, ordinances, rules, etc. providing for the payment, where an insured person pertaining to that application for approval has separated from service, of salary exceeding the content of the job applicant benefits and employment promotion benefits prescribed in the Act.
Read this with the articles around it
insured personmachine translation
「被保険者」
Everywhere in this Order except Article 118-2, paragraph (12), item (i)(c) and Article 17-2-7 of the supplementary provisions (附則), an insured person as Article 4, paragraph (1) of the Employment Insurance Act defines it: a worker employed in a covered undertaking (適用事業), other than the persons listed in Article 6 of that Act.
Short name set inArticle 3, paragraph (1)· applies from here on, except in Supplementary Provisions, Article 17-2-7; and Article 118-2, paragraph (12), item (i), (c)
prefecture, etc.machine translation
「都道府県等」
In Article 4, paragraph (1), item (ii) and Article 5, paragraph (1), a prefecture, a union of local governments (地方公共団体の組合) under Article 284, paragraph (2) of the Local Autonomy Act that a prefecture belongs to, a specified local incorporated administrative agency (特定地方独立行政法人) set up with the approval of the Minister for Internal Affairs and Communications, or another body comparable to a prefecture.
Short name set inArticle 4, paragraph (1), item (ii)· applies only in this item and in Article 5, paragraph (1)
municipalities, etc.machine translation
「市町村等」
In Article 4, paragraph (1), item (iii) and Article 5, paragraph (1), a municipality, an association of local governments that no prefecture belongs to, a specified local incorporated administrative agency set up with a prefectural governor's approval, a school or similar body (学校等), or another body comparable to a municipality.
Short name set inArticle 4, paragraph (1), item (iii)· applies only in this item and in Article 5, paragraph (1)
Prefectural or Municipal Ordinance
条例
A rule a local government makes for itself: a prefecture (都道府県), a city, town or village (市町村), or one of Tokyo's special wards (特別区) (Local Autonomy Act, Articles 1-3, 281 and 283). Its assembly (議会), whose members the residents elect, passes it (Articles 89 and 96, paragraph (1), item (i)), and its head — the governor or the mayor (Article 139) — promulgates it, that is, makes it public so that it can take effect (Article 16). The Constitution lets local governments make them within the limits of Acts (Constitution, Article 94), and one may not go against the national laws and regulations (法令), such as Acts, Cabinet Orders (政令) and Ministerial Orders (省令) (Local Autonomy Act, Article 14, paragraph (1)). Unless national laws and regulations provide otherwise, a local government can impose a duty or restrict a right only by one of these (Article 14, paragraph (2)), and it may write into one penalties for breaking it, within limits the Local Autonomy Act sets (Article 14, paragraph (3)). It is made for that local government's own affairs (Article 2, paragraph (2) and Article 14, paragraph (1)), so the same matter can be handled differently from one place to the next. It is a local rule, not a national one: an "ordinance" in the name of a national rule, such as an Ordinance for Enforcement of an Act, is usually a Ministerial Order (省令) or another national instrument.
Written by AI using Constitution, Art. 94 and Local Autonomy Act, Arts. 1-3, 2, 14, 16, 89, 96, 139, 281, 283 as a reference.
director of a prefectural labor bureau
都道府県労働局長
The head of a prefectural labor bureau (都道府県労働局), a local branch (地方支分部局) of the Ministry of Health, Labour and Welfare, so part of the national government rather than of the prefecture (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 17; National Government Organization Act, Article 9). The post is filled by a labor standards inspector (労働基準監督官) (Labor Standards Act, Article 97, paragraph (2)). Under the Labor Standards Act, the director, directed and supervised by the head of the Ministry's Labor Standards Management Bureau (労働基準主管局長), directs and supervises the directors of the labor standards inspection offices (労働基準監督署長) in the bureau's area, handles the carrying out of that Act, such as coordinating how inspection is done, and directs and supervises the bureau's staff; the director may also exercise the powers of the authorities below (下級官庁) directly, or have the bureau's labor standards inspectors exercise them (Labor Standards Act, Article 97, paragraph (1), and Article 99, paragraphs (2) and (4)). The heads of public employment security offices (公共職業安定所長) run their offices under the director's direction and supervision (Employment Security Act, Article 8, paragraph (2)).
Written by AI using Act for Establishment of the Ministry of Health, Labour and Welfare, Art. 17, National Government Organization Act, Art. 9, Labor Standards Act, Arts. 97, 99 and Employment Security Act, Art. 8 as a reference.