Subsection 1 Basic Allowance
第一款 基本手当
第十八条(法第十三条第一項の厚生労働省令で定める理由)
The reasons specified by Order of the Ministry of Health, Labour and Welfare under Article 13, paragraph (1) of the Act are the following:
法第十三条第一項の厚生労働省令で定める理由は、次のとおりとする。
Temporary closure of the place of business;
事業所の休業
Childbirth;
出産
Exchange appointment falling under Article 2, paragraph (4), item (ii) of the Act on Personnel Exchange Between the Government Sector and Private Enterprises;
国と民間企業との間の人事交流に関する法律第二条第四項第二号に該当する交流採用
A reason equivalent to the reasons listed in the preceding items, which the Chief of the competent Public Employment Security Office finds to be unavoidable.
Article 19Determination of Recipient Qualification
第十九条(受給資格の決定)
A person who intends to receive payment of the basic allowance (excluding a person claiming unpaid benefits) must appear at the competent Public Employment Security Office and submit a separation slip (where the person who intends to receive payment of the basic allowance has an objection concerning the reason for separation from service stated in the separation slip, the separation slip and documents capable of proving the reason for separation from service), either with a driver's license or other document capable of confirming that the person intending to receive payment of the basic allowance is the person themselves attached, or by presenting an Individual Number Card (meaning the Individual Number Card prescribed in Article 2, paragraph (7) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures; the same applies hereinafter). In this case, where the person holds two or more separation slips, or has been issued a written notice of extension, etc. of the benefit period pursuant to Article 31, paragraph (6), Article 31-3, paragraph (3) or Article 31-6, paragraph (4), the person must also submit them.
基本手当の支給を受けようとする者(未支給給付請求者を除く。)は、管轄公共職業安定所に出頭し、運転免許証その他の基本手当の支給を受けようとする者が本人であることを確認することができる書類を添えて又は個人番号カード(行政手続における特定の個人を識別するための番号の利用等に関する法律第二条第七項に規定する個人番号カードをいう。以下同じ。)を提示して離職票(当該基本手当の支給を受けようとする者が離職票に記載された離職の理由に関し、異議がある場合にあつては、離職票及び離職の理由を証明することができる書類)を提出しなければならない。この場合において、その者が二枚以上の離職票を保管するとき、又は第三十一条第六項、第三十一条の三第三項若しくは第三十一条の六第四項の規定により受給期間延長等通知書の交付を受けているときは、併せて提出しなければならない。
Where a person who intends to receive payment of the basic allowance referred to in the preceding paragraph falls under any of the items of Article 32, and the Chief of the competent Public Employment Security Office finds it necessary, the Chief may order that person to submit documents capable of proving that the person falls under any of those items.
When the Chief of the competent Public Employment Security Office finds that a person who has submitted a separation slip falls under Article 13, paragraph (1) of the Act (including as applied with replaced terms pursuant to paragraph (2) of that Article; the same applies in the following paragraph), the Chief must determine the day on which that person is to receive recognition of unemployment pursuant to Article 15, paragraph (3) of the Act (hereinafter referred to as the "day of recognition of unemployment" in this Section), notify the person thereof, and enter the necessary matters in, and issue, the qualified recipient's certificate (in the case of a person who has made the submission under paragraph (1) by presenting an Individual Number Card and who wishes to be issued an employment insurance notice of recipient qualification (meaning a notice stating the person's name, insured person number, sex, date of birth, reason for separation from service, daily basic allowance amount (meaning the daily amount of the basic allowance under Article 16 of the Act; the same applies hereinafter), prescribed duration of benefits (meaning the prescribed duration of benefits prescribed in Article 22, paragraph (1) of the Act; the same applies hereinafter), processing status of benefits, and other matters specified by the Director-General of the Employment Security Bureau; hereinafter referred to as the "notice of recipient qualification"), the notice of recipient qualification).
管轄公共職業安定所の長は、離職票を提出した者が、法第十三条第一項(同条第二項において読み替えて適用する場合を含む。次項において同じ。)の規定に該当すると認めたときは、法第十五条第三項の規定によりその者が失業の認定を受けるべき日(以下この節において「失業の認定日」という。)を定め、その者に知らせるとともに、受給資格者証(個人番号カードを提示して第一項の規定による提出をした者であつて、雇用保険受給資格通知(当該者の氏名、被保険者番号、性別、生年月日、離職理由、基本手当日額(法第十六条の規定による基本手当の日額をいう。以下同じ。)、所定給付日数(法第二十二条第一項に規定する所定給付日数をいう。以下同じ。)、給付に係る処理状況その他の職業安定局長が定める事項を記載した通知をいう。以下「受給資格通知」という。)の交付を希望するものにあつては、受給資格通知)に必要な事項を記載した上、交付しなければならない。
When the Chief of the competent Public Employment Security Office finds that a person who has submitted a separation slip does not fall under Article 13, paragraph (1) of the Act, the Chief must state that fact on the separation slip and return it.
第十九条の二(法第十三条第三項の厚生労働省令で定める者)
The persons specified by Order of the Ministry of Health, Labour and Welfare under Article 13, paragraph (3) of the Act are persons who have separated from service for any of the following reasons:
法第十三条第三項の厚生労働省令で定める者は、次のいずれかの理由により離職した者とする。
Expiry of the term of a labor contract with a fixed term and non-renewal of that labor contract (limited to the case where, although the person wished for that renewal, agreement on that renewal was not reached);
期間の定めのある労働契約の期間が満了し、かつ、当該労働契約の更新がないこと(その者が当該更新を希望したにもかかわらず、当該更新についての合意が成立するに至らなかつた場合に限る。)
The legitimate grounds referred to in Article 33, paragraph (1) of the Act.
法第三十三条第一項の正当な理由
Article 20Procedures for Receipt in the Case of Re-employment within the Benefit Period
第二十条(受給期間内に再就職した場合の受給手続)
A qualified recipient who has been issued a qualified recipient's certificate must, where the recipient takes up employment within the benefit period prescribed in Article 24, paragraph (2) of the Act (hereinafter referred to as the "benefit period" in this Article), keep the qualified recipient's certificate in preparation for the case where the recipient separates from service again within that benefit period and receives payment of the basic allowance based on that recipient qualification.
When a qualified recipient who has taken up employment within the benefit period and separated from service again within that benefit period intends to receive payment of the basic allowance based on the recipient qualification pertaining to that benefit period, the recipient must appear at the competent Public Employment Security Office and submit a separation slip or an employment insurance written notice of confirmation of loss of insured status, with the qualified recipient's certificate kept by the recipient attached (where the qualified recipient has been issued a notice of recipient qualification, by presenting an Individual Number Card). In this case, the Chief of the competent Public Employment Security Office must determine a new day of recognition of unemployment for that person, make the necessary revisions to the qualified recipient's certificate, and return it (where the qualified recipient has been issued a notice of recipient qualification, enter the necessary matters in the notice of recipient qualification and issue it).
Article 21Notification in the Case of Taking Public Vocational Training, etc.
第二十一条(公共職業訓練等を受講する場合における届出)
When a qualified recipient is to receive the public vocational training, etc. prescribed in Article 15, paragraph (3) of the Act (hereinafter referred to as "public vocational training, etc.") as directed by the Chief of the Public Employment Security Office, the qualified recipient must promptly submit a notification of taking public vocational training, etc. (Form No. 12; hereinafter referred to as the "notification of taking training") and a notification of commuting to public vocational training, etc. (Form No. 12; hereinafter referred to as the "commuting notification"), with the qualified recipient's certificate (where the qualified recipient lodges separately from the cohabiting relatives referred to in Article 36, paragraph (2) of the Act, a certificate of the head of the municipality as to the presence or absence of those relatives, and the qualified recipient's certificate) attached, to the Chief of the competent Public Employment Security Office via the head of the facility that provides the public vocational training, etc.; provided, however, that where it is found difficult to submit those notifications via the head of the facility that provides the public vocational training, etc. due to unavoidable reasons, they may be submitted without going via the head of that facility.
受給資格者は、公共職業安定所長の指示により法第十五条第三項に規定する公共職業訓練等(以下「公共職業訓練等」という。)を受けることとなつたときは、速やかに、公共職業訓練等受講届(様式第十二号。以下「受講届」という。)及び公共職業訓練等通所届(様式第十二号。以下「通所届」という。)に受給資格者証(当該受給資格者が法第三十六条第二項の同居の親族と別居して寄宿する場合にあつては、当該親族の有無についての市町村の長の証明書及び受給資格者証)を添えて、公共職業訓練等を行う施設の長を経由して管轄公共職業安定所の長に提出しなければならない。ただし、やむを得ない理由により公共職業訓練等を行う施設の長を経由して当該届出書の提出を行うことが困難であると認められる場合には、公共職業訓練等を行う施設の長を経由しないで提出を行うことができる。
A qualified recipient may, notwithstanding the preceding paragraph, in addition to where the recipient has been issued a notice of recipient qualification, omit attaching the qualified recipient's certificate as specified by the Director-General of the Employment Security Bureau.
When the Chief of the competent Public Employment Security Office has received the notification of taking training and the commuting notification (excluding the case where they have been received without the qualified recipient's certificate attached pursuant to the preceding paragraph (excluding the case where the person who made the submission has made it without the qualified recipient's certificate attached because the person has been issued a notice of recipient qualification)), the Chief must enter the necessary matters in the qualified recipient's certificate and return it (where the person who made the submission has been issued a notice of recipient qualification, enter the necessary matters in the notice of recipient qualification and issue it).
When there is a change in the matters stated in the notification of taking training or the commuting notification, a qualified recipient must promptly submit to the Chief of the competent Public Employment Security Office, with the qualified recipient's certificate attached (where the qualified recipient has been issued a notice of recipient qualification, by presenting an Individual Number Card), documents capable of proving the fact of the change and a notification stating that there has been a change in the matters stated in the notification of taking training or the commuting notification.
When the Chief of the competent Public Employment Security Office has received the notification referred to in the preceding paragraph (excluding the case where it has been received without the qualified recipient's certificate attached pursuant to paragraph (2) as applied mutatis mutandis pursuant to the following paragraph (excluding the case where the person who made the submission has made it without the qualified recipient's certificate attached because the person has been issued a notice of recipient qualification)), the Chief must make the necessary revisions to the qualified recipient's certificate and return it (where the person who made the submission has been issued a notice of recipient qualification, enter the necessary matters in the notice of recipient qualification and issue it).
The provisions of Article 17-2, paragraph (4) apply mutatis mutandis to the cases under paragraph (1) and paragraph (4), and the provisions of paragraph (2) apply mutatis mutandis to the case under paragraph (4). In this case, in paragraph (2), "notwithstanding the preceding paragraph, in addition to where the recipient has been issued a notice of recipient qualification" is deemed to be replaced with "notwithstanding the preceding paragraph", and "omit attaching the qualified recipient's certificate" is deemed to be replaced with "omit attaching the qualified recipient's certificate (where the qualified recipient has been issued a notice of recipient qualification, omit presenting an Individual Number Card)".
Article 22Recognition of Unemployment
第二十二条(失業の認定)
When a qualified recipient intends to receive recognition of unemployment, the recipient must, on the day of recognition of unemployment, appear at the competent Public Employment Security Office, submit a written declaration for recognition of unemployment (Form No. 14) with the qualified recipient's certificate attached (where the qualified recipient has been issued a notice of recipient qualification, by presenting an Individual Number Card), and request job placement; provided, however, that where there are legitimate grounds why the recipient cannot submit it with the qualified recipient's certificate attached (where the qualified recipient has been issued a notice of recipient qualification, by presenting an Individual Number Card), the recipient may omit attaching the qualified recipient's certificate (where the qualified recipient has been issued a notice of recipient qualification, omit presenting an Individual Number Card).
When the Chief of the competent Public Employment Security Office has made recognition of unemployment for a qualified recipient, the Chief must enter the matters concerning that disposition in the qualified recipient's certificate and return it (where the qualified recipient has been issued a notice of recipient qualification, enter the matters concerning that disposition in the notice of recipient qualification and issue it).
第二十三条(法第十五条第三項の厚生労働省令で定める受給資格者)
The qualified recipients specified by Order of the Ministry of Health, Labour and Welfare under Article 15, paragraph (3) of the Act are as follows.
a person who is unable to appear at the competent Public Employment Security Office on the day of recognition of unemployment because of unavoidable reasons, such as in order to take up employment, and who has reported that fact to the Chief of the competent Public Employment Security Office;
a person for whom the Chief of the competent Public Employment Security Office finds it appropriate to change the day of recognition of unemployment, taking into consideration the holidays of administrative organs prescribed in Article 1, paragraph (1) of the Act on Holidays of Administrative Organs (Act No. 91 of 1988), the state of the labor market, and other circumstances.
If the Chief of the competent Public Employment Security Office finds it necessary, the Chief may order a person who is about to make the report under item (i) of the preceding paragraph to submit documents capable of proving the unavoidable reasons, such as in order to take up employment.
Recognition of unemployment for a qualified recipient who receives public vocational training, etc. as directed by the Chief of the Public Employment Security Office is to be conducted once a month, for each day belonging to the immediately preceding month (excluding days that have already been subject to recognition of unemployment).
Recognition of unemployment for a person prescribed in the preceding Article is to be conducted, on the day on which the report under that Article is received, for the days listed in the following items:
if the day on which that report is received is a day before the day of recognition of unemployment prescribed in the preceding Article, each day before the day on which that report is received, among the days subject to recognition of unemployment on that day of recognition of unemployment;
if the day on which that report is received is a day after the day of recognition of unemployment prescribed in the preceding Article, the days subject to recognition of unemployment on that day of recognition of unemployment and each day from that day of recognition of unemployment to the day preceding the day on which that report is received.
When recognition of unemployment has been conducted under the provisions of the preceding paragraph, recognition of unemployment on the first day of recognition of unemployment thereafter is to be conducted for each day from the day on which the report under the preceding Article was received to the day preceding that day of recognition of unemployment.
recipient qualificationmachine translation
「受給資格」
The recipient qualification of Article 14, paragraph (2), item (i) of the Employment Insurance Act: the qualification to receive the basic allowance (基本手当) under Article 13, paragraph (1) of that Act, which turns on how long a person who has become unemployed was insured before separating from service.
Short name set inArticle 1, paragraph (5), item (i)
qualified recipientmachine translation
「受給資格者」
A person who holds the recipient qualification (受給資格) of Article 14, paragraph (2), item (i) of the Employment Insurance Act — the qualification to receive the basic allowance (基本手当).
Short name set inArticle 1, paragraph (5), item (i)
competent Public Employment Security Officemachine translation
「管轄公共職業安定所」
The Public Employment Security Office with jurisdiction over the place where the person lives or stays, whose head handles that person's matters under Article 1, paragraph (5), item (i).
Short name set inArticle 1, paragraph (5), item (i)
Director-General of the Employment Security Bureaumachine translation
「職業安定局長」
The Director-General of the Employment Security Bureau (職業安定局) of the Ministry of Health, Labour and Welfare.
Short name set inArticle 1, paragraph (5), item (iv)
employermachine translation
「事業主」
In this Ordinance other than Article 130, the employer of a covered undertaking (適用事業).
Short name set inArticle 3, paragraph (1)· applies from here on, except in Article 130
insured person numbermachine translation
「被保険者番号」
The insured person number shown on the insured person's certificate (被保険者証) most recently issued to the person under Article 10, paragraph (1).
Defined inArticle 6, paragraph (1)
separation slipmachine translation
「離職票」
The employment insurance separation slip for an insured person (雇用保険被保険者離職票), in Form No. 6, which a person who has left their job submits to the Public Employment Security Office to have their qualification for benefits decided.
Short name set inArticle 7, paragraph (3)
person claiming unpaid benefitsmachine translation
「未支給給付請求者」
A person who claims, under Article 10-3, paragraph (1) of the Employment Insurance Act, the benefits for unemployment, etc. (失業等給付) that a qualified recipient or other recipient who has died had not yet been paid.
Short name set inArticle 17-2, paragraph (1)
qualified recipient's certificatemachine translation
「受給資格者証」
The employment insurance qualified recipient's certificate (Form No. 11) that the Public Employment Security Office (公共職業安定所) issues to a qualified recipient (受給資格者), filled in with the matters needed for paying them the basic allowance (基本手当).
Short name set inArticle 17-2, paragraph (1), item (i)
Individual Number Cardmachine translation
「個人番号カード」
An Individual Number Card as defined in Article 2, paragraph (7) of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures: a card showing, among other things, the holder's name, address, date of birth, sex and Individual Number (個人番号), with a photograph unless the holder is below an age set by Ministerial Order, and with that information also recorded electronically.
Defined inArticle 19, paragraph (1)
notice of recipient qualificationmachine translation
「受給資格通知」
The employment insurance notice of recipient qualification, which a person who showed their Individual Number Card (個人番号カード) when submitting their separation slip (離職票) can ask for in place of the qualified recipient's certificate, giving their name, insured person number, sex, date of birth, reason for separation, daily basic allowance amount, prescribed duration of benefits, how their benefits are being handled and the other matters the Director-General of the Employment Security Bureau (職業安定局長) sets.
Short name set inArticle 19, paragraph (3)
daily basic allowance amountmachine translation
「基本手当日額」
In this Ordinance, the daily amount of the basic allowance (基本手当) under Article 16 of the Employment Insurance Act.
Defined inArticle 19, paragraph (3)
day of recognition of unemploymentmachine translation
「失業の認定日」
The day, set by the chief of the competent Public Employment Security Office (公共職業安定所) and made known to the person, on which they are to obtain the recognition that they are unemployed (失業の認定).
Short name set inArticle 19, paragraph (3)· applies only in this section
prescribed duration of benefitsmachine translation
「所定給付日数」
The prescribed duration of benefits under Article 22, paragraph (1) of the Employment Insurance Act: the number of days for which the basic allowance (基本手当) is paid on one recipient qualification (受給資格).
Defined inArticle 19, paragraph (3)
benefit periodmachine translation
「受給期間」
The period within which the basic allowance (基本手当) can be paid for the days on which a qualified recipient (受給資格者) is unemployed.
Short name set inArticle 20, paragraph (1)· applies only in this article
public vocational training, etc.machine translation
「公共職業訓練等」
Vocational training at public human resources development facilities (公共職業能力開発施設) set up by the national government, prefectures, municipalities or the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers (独立行政法人高齢・障害・求職者雇用支援機構), including training at the Polytechnic University (職業能力開発総合大学校); certain authorized vocational training (認定職業訓練); and other training or courses given under laws to help unemployed people adapt to work or learn the knowledge and skills a job needs, as a Cabinet Order (政令) specifies.
Short name set inArticle 21, paragraph (1)
notification of taking trainingmachine translation
「受講届」
The notification of taking public vocational training, etc. (Form No. 12) that a qualified recipient directed by the chief of the Public Employment Security Office (公共職業安定所) to take public vocational training and the like (公共職業訓練等) submits, normally through the head of the training facility, to the chief of the competent Public Employment Security Office.
Short name set inArticle 21, paragraph (1)
commuting notificationmachine translation
「通所届」
The public vocational training, etc. commuting notification (公共職業訓練等通所届), in Form No. 12, which a qualified recipient whom the head of the Public Employment Security Office has told to take public vocational training, etc. (公共職業訓練等) must promptly submit, with the qualified recipient's certificate (受給資格者証), through the head of the training facility to the competent Public Employment Security Office.
Short name set inArticle 21, paragraph (1)