第八十二条(法第五十六条の三第一項の厚生労働省令で定める基準)
The standards specified by Order of the Ministry of Health, Labour and Welfare under Article 56-3, paragraph (1) of the Act for a person who falls under item (i) of that paragraph are that the person who falls under that item is a person who meets the following requirements:
法第五十六条の三第一項第一号に該当する者に係る同項の厚生労働省令で定める基準は、同号に該当する者が次の要件に該当する者であることとする。
the person is not one who has been re-employed by the employer for which the person worked before separation from service;
離職前の事業主に再び雇用されたものでないこと。
the person has taken up employment or started a business after the period under Article 21 of the Act has elapsed;
法第二十一条の規定による期間が経過した後職業に就き、又は事業を開始したこと。
where the person has been subject to Article 33, paragraph (1) of the Act in respect of the separation from service pertaining to the recipient qualification, the person has taken up employment, within the one-month period after the expiry of the period under Article 21 of the Act, through referral by a Public Employment Security Office or employment placement service providers, etc. (meaning the specified local government prescribed in Article 4, paragraph (9) of the Employment Security Act (Act No. 141 of 1947) (hereinafter referred to as the "specified local government") and the employment placement service provider prescribed in paragraph (10) of that Article; the same applies hereinafter);
受給資格に係る離職について法第三十三条第一項の規定の適用を受けた場合において、法第二十一条の規定による期間の満了後一箇月の期間内については、公共職業安定所又は職業紹介事業者等(職業安定法(昭和二十二年法律第百四十一号)第四条第九項に規定する特定地方公共団体(以下「特定地方公共団体」という。)及び同条第十項に規定する職業紹介事業者をいう。以下同じ。)の紹介により職業に就いたこと。
the person is not one who has been employed by an employer that agreed to hire the person before the day on which the person made the application for employment prescribed in Article 21 of the Act.
The standards specified by Order of the Ministry of Health, Labour and Welfare under Article 56-3, paragraph (1) of the Act for a person who falls under item (ii) of that paragraph are that the person who falls under that item is a person who meets the following requirements:
法第五十六条の三第一項第二号に該当する者に係る同項の厚生労働省令で定める基準は、同号に該当する者が次の要件に該当する者であることとする。
the person has taken up employment through referral by a Public Employment Security Office or employment placement service providers, etc.;
公共職業安定所又は職業紹介事業者等の紹介により職業に就いたこと。
the person is not one who has been re-employed by the employer for which the person worked before separation from service;
離職前の事業主に再び雇用されたものでないこと。
the person has taken up employment after the period under Article 21 of the Act (including as applied mutatis mutandis pursuant to Article 37-4, paragraph (6) and Article 40, paragraph (4) of the Act) has elapsed;
法第二十一条(法第三十七条の四第六項及び第四十条第四項において準用する場合を含む。)の規定による期間が経過した後職業に就いたこと。
where the person has been subject to Article 32, paragraph (1), main clause or paragraph (2), or Article 33, paragraph (1), main clause of the Act (including as applied mutatis mutandis pursuant to Article 37-4, paragraph (6) and Article 40, paragraph (4) of the Act), or Article 52, paragraph (1), main clause of the Act (including as applied mutatis mutandis pursuant to Article 55, paragraph (4) of the Act), the person has taken up employment after the periods prescribed in those provisions (for the period prescribed in Article 33, paragraph (1), main clause of the Act, excluding the period prescribed in the proviso to that paragraph) have elapsed.
第八十二条の二(法第五十六条の三第一項第一号の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)
A qualified recipient who has taken up stable employment specified by Order of the Ministry of Health, Labour and Welfare under Article 56-3, paragraph (1), item (i) of the Act is a qualified recipient who has taken up employment found to be certain to continue for more than one year or who has started a business (limited to a business that the Chief of the Public Employment Security Office finds will enable that qualified recipient to be self-supporting), and for whom payment of employment promotion allowance is found to contribute to the stability of the recipient's employment.
法第五十六条の三第一項第一号の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は、一年を超えて引き続き雇用されることが確実であると認められる職業に就き、又は事業(当該事業により当該受給資格者が自立することができると公共職業安定所長が認めたものに限る。)を開始した受給資格者であつて、就業促進手当を支給することが当該受給資格者の職業の安定に資すると認められるものとする。
第八十二条の三(法第五十六条の三第一項第二号の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等及び就職が困難な者)
Qualified recipients, etc. who have taken up stable employment specified by Order of the Ministry of Health, Labour and Welfare under Article 56-3, paragraph (1), item (ii) of the Act (meaning the qualified recipients, etc. prescribed in paragraph (2) of that Article; the same applies hereinafter) are qualified recipients, etc. who have taken up employment found to be certain to continue for one year or more and for whom payment of employment promotion allowance is found to contribute to the stability of the employment of those qualified recipients, etc.
法第五十六条の三第一項第二号の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等(同条第二項に規定する受給資格者等をいう。以下同じ。)は、一年以上引き続き雇用されることが確実であると認められる職業に就いた受給資格者等であつて、就業促進手当を支給することが当該受給資格者等の職業の安定に資すると認められるものとする。
The persons with a physical disability and other persons who have difficulty in finding employment, specified by Order of the Ministry of Health, Labour and Welfare under Article 56-3, paragraph (1), item (ii) of the Act, are as follows.
法第五十六条の三第一項第二号の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は、次のとおりとする。
a qualified recipient aged 45 or older who is an assisted worker (meaning the assisted worker prescribed in Article 26, paragraph (1) of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives; the same applies in Article 84, paragraph (1)) pertaining to a re-employment assistance plan (meaning the re-employment assistance plan prescribed in Article 24, paragraph (1) of that Act; the same applies in Article 84, paragraph (1) and Article 102-5, paragraph (2)) certified under Article 24, paragraph (3) or Article 25, paragraph (1) of that Act, or who is a person covered by the Support Plan for Job-Seeking prescribed in Article 17, paragraph (1) of the Act on Employment Security of Elderly Persons (Act No. 68 of 1971) (referred to as the "Support Plan for Job-Seeking" in Article 102-5, paragraph (2), item (ii)) or by a document prepared for a person aged 60 or older and under 65 who is to separate from service as provided by a mandatory retirement age or, where there is a continuous employment system (meaning the continuous employment system referred to in Article 9, paragraph (1), item (ii) of that Act), by that system, based on the wishes of that person, following the example of Article 17, paragraph (1) of that Act (referred to as an "elderly person covered by job-seeking support" in Article 84, paragraph (1));
四十五歳以上の受給資格者であつて、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第二十四条第三項若しくは第二十五条第一項の規定による認定を受けた再就職援助計画(同法第二十四条第一項に規定する再就職援助計画をいう。第八十四条第一項及び第百二条の五第二項において同じ。)に係る援助対象労働者(同法第二十六条第一項に規定する援助対象労働者をいう。第八十四条第一項において同じ。)又は高年齢者等の雇用の安定等に関する法律(昭和四十六年法律第六十八号)第十七条第一項に規定する求職活動支援書(第百二条の五第二項第二号において「求職活動支援書」という。)若しくは同法第十七条第一項の規定の例により、定年若しくは継続雇用制度(同法第九条第一項第二号の継続雇用制度をいう。)がある場合における当該制度の定めるところにより離職することとなつている六十歳以上六十五歳未満の者の希望に基づき、当該者について作成された書面の対象となる者(第八十四条第一項において「高年齢支援対象者」という。)に該当するもの
a specially qualified recipient who was seasonally employed, in relation to year-round employment by an employer of a place of business located within a designated region prescribed in Article 113, paragraph (1);
a qualified day worker recipient who is normally employed as an insured day worker and is aged 45 or older;
a person who has received certification under Article 10-2, paragraph (1) or (2) of the Act on Temporary Measures concerning Ex-Workers of Armed Forces Stationed in Japan (Act No. 158 of 1958);
駐留軍関係離職者等臨時措置法(昭和三十三年法律第百五十八号)第十条の二第一項又は第二項の認定を受けている者
a person in possession of an Okinawa unemployed person's job-seeking handbook under Article 70, paragraph (1) of the Act on Special Measures for the Promotion and Development of Okinawa (Act No. 14 of 2002) (limited to one that is effective under the provisions of that Act);
沖縄振興特別措置法(平成十四年法律第十四号)第七十条第一項の規定による沖縄失業者求職手帳(同法の規定により効力を有しているものに限る。)を所持している者
a person in possession of a job-seeking handbook for ex-workers of regular ferry line services for general passengers, etc. under Article 16, paragraph (1) or (2) of the Act on Special Measures concerning Regular Ferry Line Service for General Passengers Incidental to Construction of Connection Bridge Between Honshu and Shikoku (Act No. 72 of 1981) or Article 1 of the Ministerial Order on Employment Guidance, etc. Based on the Act on Special Measures concerning Regular Ferry Line Service for General Passengers Incidental to Construction of Connection Bridge Between Honshu and Shikoku (Order of the Ministry of Labour No. 38 of 1981) (limited to one that is effective under the provisions of that Act);
本州四国連絡橋の建設に伴う一般旅客定期航路事業等に関する特別措置法(昭和五十六年法律第七十二号)第十六条第一項若しくは第二項又は本州四国連絡橋の建設に伴う一般旅客定期航路事業等に関する特別措置法に基づく就職指導等に関する省令(昭和五十六年労働省令第三十八号)第一条の規定による一般旅客定期航路事業等離職者求職手帳(同法の規定により効力を有しているものに限る。)を所持している者
the persons listed in the items of Article 32.
第三十二条各号に掲げる者
第八十二条の四(法第五十六条の三第二項の厚生労働省令で定める期間)
The period specified by Order of the Ministry of Health, Labour and Welfare under Article 56-3, paragraph (2) of the Act is three years.
法第五十六条の三第二項の厚生労働省令で定める期間は三年とする。
Article 82-5Procedures for Application for Payment of Re-employment Allowance
第八十二条の五(再就職手当の支給申請手続)
When a qualified recipient intends to receive payment of employment promotion allowance for a person who falls under Article 56-3, paragraph (1), item (i) of the Act (excluding the employment promotion settlement allowance prescribed in Article 83-4; hereinafter referred to as "re-employment allowance"), the qualified recipient must, within one month counting from the day following the day on which the recipient took up the stable employment referred to in that item, submit to the Chief of the competent Public Employment Security Office a written application for re-employment allowance (Form No. 29-2), accompanied by the documents specified in the following items in accordance with the classification of persons listed in those items and by the qualified recipient's certificate (or, where the qualified recipient has been issued a notice of recipient qualification, by presenting an Individual Number Card together with attaching the documents specified in those items).
a qualified recipient who has taken up employment found to be certain to continue for more than one year as prescribed in Article 82-2: documents capable of proving that the recipient falls under Article 82, paragraph (1), item (i);
第八十二条の二に規定する一年を超えて引き続き雇用されることが確実であると認められる職業に就いた受給資格者 第八十二条第一項第一号に該当することを証明することができる書類
a qualified recipient who has started a business prescribed in Article 82-2: a certificate of registered matters or other documents capable of proving that the recipient has started that business.
Notwithstanding the preceding paragraph, in addition to the case prescribed in the proviso to Article 22, paragraph (1) as applied mutatis mutandis pursuant to the following paragraph, a qualified recipient may, as specified by the Director-General of the Employment Security Bureau, omit attaching the documents specified in item (ii) of the preceding paragraph and the qualified recipient's certificate (or, where the qualified recipient has been issued a notice of recipient qualification, omit submitting the documents specified in item (ii) of the preceding paragraph and presenting an Individual Number Card).
The proviso to Article 22, paragraph (1) applies mutatis mutandis to the submission in the case referred to in paragraph (1).
Article 83Payment of Re-employment Allowance
第八十三条(再就職手当の支給)
When the Chief of the competent Public Employment Security Office has decided to pay re-employment allowance to a qualified recipient, the Chief is to pay the re-employment allowance within seven days counting from the day following that day.
第八十三条の二(法第五十六条の三第三項第一号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 56-3, paragraph (3), item (i) of the Act are persons for whom the amount equivalent to the daily amount of wages that would be calculated if the wages paid during the six months from the day on which they took up the employment in the covered undertaking of the same employer pertaining to payment of the re-employment allowance (hereinafter referred to as the "covered undertaking of the same employer") were deemed to be the wages prescribed in Article 17 of the Act and that Article were applied (referred to as the "amount deemed to be the daily amount of wages" in the following Article) has fallen below the daily amount of wages that served as the basis for calculating the daily basic allowance amount pertaining to that re-employment allowance (referred to as the "basic daily amount of wages for calculation" in the following Article).
第八十三条の三(法第五十六条の三第三項第一号の厚生労働省令で定める額)
The amount specified by Order of the Ministry of Health, Labour and Welfare under Article 56-3, paragraph (3), item (i) of the Act is the amount obtained by multiplying the amount obtained by subtracting the amount deemed to be the daily amount of wages from the basic daily amount of wages for calculation by the number of days that served as the basis for payment of wages during the six months of continuous employment in the covered undertaking of the same employer from the day on which the person took up that employment.
法第五十六条の三第三項第一号の厚生労働省令で定める額は、算定基礎賃金日額からみなし賃金日額を減じて得た額に同一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雇用された六箇月間のうち賃金の支払の基礎となつた日数を乗じて得た額とする。
covered undertakingmachine translation
「適用事業」
A covered undertaking as Article 5, paragraph (1) of the Employment Insurance Act defines it: any business in which workers are employed.
Short name set inArticle 1, paragraph (3)
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)
insured day workermachine translation
「日雇労働被保険者」
A day worker (日雇労働者) who is insured and who lives in a covered area (適用区域) and works for a covered undertaking (適用事業), lives outside one but works for a covered undertaking inside it, works outside one for a covered undertaking the Minister of Health, Labour and Welfare has designated, or has been approved by the chief of the Public Employment Security Office (公共職業安定所長); the job applicant benefits for day workers (日雇労働求職者給付金) are paid when they become unemployed.
Short name set inArticle 1, paragraph (5), item (i)
specially qualified recipientmachine translation
「特例受給資格者」
A person who holds the special recipient qualification (特例受給資格) under Article 39, paragraph (2) of the Employment Insurance Act: a specially insured person in short-term employment (短期雇用特例被保険者) who has become unemployed and can receive the special lump sum payment (特例一時金).
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)
qualified day worker recipientmachine translation
「日雇受給資格者」
A qualified day worker recipient as defined in Article 56-3, paragraph (1), item (ii) of the Employment Insurance Act: a person who can receive the job applicant benefits for day workers (日雇労働求職者給付金) under Article 45 or Article 54 of that Act.
Short name set inArticle 1, paragraph (5), item (ii)
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
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)
person with a physical disabilitymachine translation
「身体障害者」
A person with a physical disability (身体障害者) as Article 2, item (ii) of the Act to Facilitate the Employment of Persons with Disabilities defines it: a person with a disability (障害者) who has a physical disability listed in the Appended Table of that Act.
Short name set inArticle 32, paragraph (1), item (i)
specified local governmentmachine translation
「特定地方公共団体」
A specified local government as Article 4, paragraph (9) of the Employment Security Act defines it: a local government (地方公共団体) that runs a free employment placement business (無料の職業紹介事業) under Article 29, paragraph (1) of that Act.
Short name set inArticle 82, paragraph (1), item (iii)
employment placement service providers, etc.machine translation
「職業紹介事業者等」
A specified local government (特定地方公共団体) as Article 4, paragraph (9) of the Employment Security Act defines it, or an employment placement service provider (職業紹介事業者) as paragraph (10) of that Article defines it: one that runs an employment placement business under a permit or a notification under that Act.
Defined inArticle 82, paragraph (1), item (iii)
qualified recipients, etc.machine translation
「受給資格者等」
From Article 82-3 on, the qualified recipients, etc. of Article 56-3, paragraph (2) of the Employment Insurance Act: a qualified recipient (受給資格者), elderly qualified recipient (高年齢受給資格者), specially qualified recipient (特例受給資格者) or qualified day worker recipient (日雇受給資格者).
Defined inArticle 82-3, paragraph (1)
re-employment assistance planmachine translation
「再就職援助計画」
In Articles 82-3, 84 and 102-5, a re-employment assistance plan as defined in Article 24, paragraph (1) of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives: an employer's plan of measures to help workers find new jobs, where a downsizing or similar change it means to make is expected to force a considerable number of workers at one workplace to leave.
Defined inArticle 82-3, paragraph (2), item (i)· applies only in this provision and in Article 84, paragraph (1); and Article 102-5, paragraph (2)
assisted workermachine translation
「援助対象労働者」
In Articles 82-3 and 84, an assisted worker as defined in Article 26, paragraph (1) of the Act on Comprehensively Advancing Labor Measures, and Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives: a worker forced to leave their job because of a downsizing or similar change of the employer's business, whom the employer's re-employment assistance plan (再就職援助計画) covers.
Defined inArticle 82-3, paragraph (2), item (i)· applies only in this provision and in Article 84, paragraph (1)
Support Plan for Job-Seekingmachine translation
「求職活動支援書」
A document an employer must draw up and give to elderly persons and others (高年齢者等) of a kind a Ministry of Health, Labour and Welfare Order (厚生労働省令) specifies who are to leave because of a dismissal or a similar reason and ask for it, setting out their work history, skills and other matters that will help them find a new job, and the re-employment assistance the employer is giving.
Short name set inArticle 82-3, paragraph (2), item (i)· applies only in this provision and in Article 102-5, paragraph (2), item (ii)
elderly person covered by job-seeking supportmachine translation
「高年齢支援対象者」
In Articles 82-3 and 84, a person covered by a job-seeking activity support document (求職活動支援書) under Article 17, paragraph (1) of the Act on Employment Security of Elderly Persons, or by a document prepared in the same way, at the person's wish, for someone aged 60 or over and under 65 who is due to leave work at the mandatory retirement age or under a continuous employment system (継続雇用制度).
Short name set inArticle 82-3, paragraph (2), item (i)· applies only in this provision and in Article 84, paragraph (1)
re-employment allowancemachine translation
「再就職手当」
In this Ordinance, the employment promotion allowance (就業促進手当) paid to a qualified recipient who has taken up a stable job under Article 56-3, paragraph (1), item (i) of the Employment Insurance Act, other than the employment promotion settlement allowance (就業促進定着手当) of Article 83-4.
Short name set inArticle 82-5, paragraph (1)
amount deemed to be the daily amount of wagesmachine translation
「みなし賃金日額」
In Articles 83-2 and 83-3, the daily amount of wages (賃金日額) that Article 17 of the Employment Insurance Act would give if the wages paid in the first six months after a person took up a job in the covered undertaking (適用事業) of the same employer, for which they were paid the re-employment allowance (再就職手当), were treated as the wages under that Article.
Short name set inArticle 83-2, paragraph (1)· applies only in this provision and in Article 83-3
covered undertaking of the same employermachine translation
「同一事業主の適用事業」
The covered undertaking (適用事業) of the same employer, in which a person took up the job for which they were paid the re-employment allowance (再就職手当).
Short name set inArticle 83-2, paragraph (1)
basic daily amount of wages for calculationmachine translation
「算定基礎賃金日額」
In Articles 83-2 and 83-3, the daily amount of wages (賃金日額) on which the daily basic allowance amount (基本手当日額) behind a re-employment allowance (再就職手当) was calculated.
Short name set inArticle 83-2, paragraph (1)· applies only in this provision and in Article 83-3
employment promotion settlement allowancemachine translation
「就業促進定着手当」
The employment promotion allowance (就業促進手当) paid to a qualified recipient who received the re-employment allowance (再就職手当), has stayed employed for six months or more in the covered undertaking of the same employer, and whose daily wage over those six months, worked out as Article 83-2 says, is lower than the daily wage on which their basic allowance (基本手当) was based.
Short name set inArticle 83-4, paragraph (1)
designated regionmachine translation
「指定地域」
In Article 113, paragraphs (1) and (6), an area the Minister of Health, Labour and Welfare designates as one with particularly heavy snow or severe cold.
Short name set inArticle 113, paragraph (1)· applies only in this paragraph and in Article 113, paragraph (6)
public employment security office
公共職業安定所
A national government office that does job placement (職業紹介) between job seekers and employers, vocational guidance and employment insurance (雇用保険) work, and other work the Employment Security Act needs to achieve its aims, and serves the public free of charge (Employment Security Act, Article 8, paragraph (1); Act for Establishment of the Ministry of Health, Labour and Welfare, Article 23, paragraph (1)). Each is set up where needed to handle part of a prefectural labor bureau's (都道府県労働局) work, other than the work given to labor standards inspection offices, and an Order of the Ministry of Health, Labour and Welfare (厚生労働省令) sets each office's name, seat, area and the work it handles (Act for Establishment of the Ministry of Health, Labour and Welfare, Article 23). Its head (公共職業安定所長) runs it under the direction of the director of the prefectural labor bureau (Employment Security Act, Article 8, paragraph (2)).
Written by AI using Employment Security Act, Art. 8 and Act for Establishment of the Ministry of Health, Labour and Welfare, Art. 23 as a reference.