Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Ministerial Order comes into effect as of the date of enforcement of the Act Partially Amending the Employment Measures Act and the Act on Promotion of Job Opportunities in Certain Regions (Act No. 79 of 2007; hereinafter referred to as the "Amending Act") (August 4, 2007); provided, however, that the provisions of Article 1, the amending provision in Article 2 that makes Article 1 of the Ordinance for Enforcement of the Employment Measures Act into Article 1-4 and adds three Articles before that Article (limited to the portion adding Articles 1-2 and 1-3), the amending provision to Article 8 of that Ordinance, the amending provision to Article 9 of that Ordinance and the amending provision adding six Articles after that Article (limited to the portion pertaining to Articles 10 through 13), the provisions of Article 5, the provisions of Article 6, and the provisions of the following Article and Article 3 of the Supplementary Provisions come into effect as of October 1, 2007.
この省令は、雇用対策法及び地域雇用開発促進法の一部を改正する法律(平成十九年法律第七十九号。以下「改正法」という。)の施行の日(平成十九年八月四日)から施行する。ただし、第一条の規定、第二条中雇用対策法施行規則第一条を第一条の四とし、同条の前に三条を加える改正規定(第一条の二及び第一条の三を加える部分に限る。)、同令第八条の改正規定、同令第九条の改正規定及び同条の次に六条を加える改正規定(第十条から第十三条までに係る部分に限る。)、第五条の規定並びに第六条の規定並びに次条及び附則第三条の規定は、平成十九年十月一日から施行する。
Supplementary Provisions, Article 4Transitional Measures Accompanying the Partial Amendment of the Ordinance for Enforcement of the Employment Insurance Act
第四条(雇用保険法施行規則の一部改正に伴う経過措置)
With regard to the payment of the special regional employment promotion incentive under Article 112 of the Ordinance for Enforcement of the Employment Insurance Act before amendment by the provisions of Article 4 (hereinafter referred to as the "former Employment Insurance Ordinance") in an area deemed to be an approved employment development promotion area (meaning the approved employment development promotion area prescribed in Article 7 of the Act on Promotion of Job Opportunities in Certain Regions (Act No. 23 of 1987) as amended by the provisions of Article 2 of the Amending Act (hereinafter referred to as the "New Regional Employment Development Act")) pursuant to Article 3, paragraph (1) of the Supplementary Provisions of the Amending Act (referred to as a "deemed area" in the following paragraph) to an employer that, before the day of enforcement of this Ministerial Order (hereinafter referred to as the "Effective Date"), submitted the plan prescribed in Article 112, paragraph (2), item (i), (b) of the former Employment Insurance Ordinance (limited to one pertaining to item (i), (a), (1) of that paragraph) to the Director of the Prefectural Labor Bureau prescribed in (b) of that item pursuant to the provisions of (b) of that item, or prepared the large-scale employment development plan prescribed in item (ii), (a), (1) of that paragraph pursuant to the provisions of (a), (1) of that item and received certification from the Minister of Health, Labour and Welfare, the provisions then in force continue to govern. However, this does not apply in the case where, by the last day of the plan period of the approved regional employment opportunity expansion plan for that area (meaning the regional employment opportunity expansion plan prescribed in Article 5, paragraph (1) of the Act on Promotion of Job Opportunities in Certain Regions before amendment by the provisions of Article 2 of the Amending Act (hereinafter referred to as the "Former Regional Employment Development Act") to which consent had been obtained pursuant to Article 5, paragraph (4) of the Former Regional Employment Development Act) that is deemed, pursuant to Article 3, paragraph (1) of the Supplementary Provisions of the Amending Act, to be a regional employment development plan (meaning the regional employment development plan prescribed in Article 5, paragraph (1) of the New Regional Employment Development Act; the same applies hereinafter in this paragraph) to which consent was obtained pursuant to Article 5, paragraph (4) of the New Regional Employment Development Act, a prefecture has not formulated a regional employment development plan for that area and obtained consent pursuant to Article 5, paragraph (4) of the New Regional Employment Development Act, and, after the last day of that plan period, the notification prescribed in Article 112, paragraph (2), item (i), (c), (2) of the former Employment Insurance Ordinance is submitted or hiring is carried out pursuant to item (ii), (a), (3) of that paragraph.
改正法附則第三条第一項の規定により同意雇用開発促進地域(改正法第二条の規定による改正後の地域雇用開発促進法(昭和六十二年法律第二十三号。以下「新地域法」という。)第七条に規定する同意雇用開発促進地域をいう。)とみなされる地域(次項において「みなし地域」という。)において、この省令の施行の日(以下「施行日」という。)前に、第四条の規定による改正前の雇用保険法施行規則(以下「旧雇保則」という。)第百十二条第二項第一号ロの規定に基づき同号ロに規定する計画(同号イ(1)に係るものに限る。)を同号ロに規定する都道府県労働局長に提出した事業主又は同項第二号イ(1)の規定に基づき同号イ(1)に規定する大規模雇用開発計画を作成し、厚生労働大臣の認定を受けた事業主に対する同条の地域雇用促進特別奨励金の支給については、なお従前の例による。ただし、当該地域に係る改正法附則第三条第一項の規定により新地域法第五条第四項の規定による同意を得た地域雇用開発計画(同条第一項に規定する地域雇用開発計画をいう。以下この項において同じ。)とみなされる同意地域雇用機会増大計画(改正法第二条の規定による改正前の地域雇用開発促進法(以下「旧地域法」という。)第五条第四項の規定による同意を得ていた同条第一項に規定する地域雇用機会増大計画をいう。)の計画期間の末日までの間に、都道府県が当該地域に係る地域雇用開発計画を策定し、新地域法第五条第四項の規定による同意を得ていない場合であって、当該計画期間の末日後に旧雇保則第百十二条第二項第一号ハ(2)に規定する届を提出するとき又は同項第二号イ(3)の規定に基づき雇い入れを行うときにあっては、この限りでない。
In a deemed area, the provisions of Article 112, paragraphs (4) through (6) and Article 125, paragraph (4) of the Ordinance for Enforcement of the Employment Insurance Act as amended by the provisions of Article 4 (hereinafter referred to as the "new Employment Insurance Ordinance") do not apply.
みなし地域においては、第四条の規定による改正後の雇用保険法施行規則(以下「新雇保則」という。)第百十二条第四項から第六項までの規定及び第百二十五条第四項の規定は、適用しない。
With regard to the payment of the special regional employment promotion incentive under Article 112 of the former Employment Insurance Ordinance to an employer that, in an area falling under a depopulated area for employment improvement prescribed in Article 112, paragraph (2), item (i), (a), (2) of the former Employment Insurance Ordinance, before the Effective Date, submitted the plan prescribed in (b) of that item (limited to one pertaining to (a), (2) of that item) to the Director of the Prefectural Labor Bureau prescribed in (b) of that item pursuant to the provisions of (b) of that item, the provisions then in force continue to govern.
With regard to the payment of the regional advanced human resources securing incentive under Article 112, paragraph (1) of the former Employment Insurance Ordinance and the regional human resources upgrading ability development grant under Article 125, paragraph (1) of the former Employment Insurance Ordinance in an area that, at the time of enforcement of this Ministerial Order, was an approved advanced skills utilization employment stabilization area prescribed in Article 17, paragraph (1) of the Former Regional Employment Development Act, the provisions then in force continue to govern until the last day of the plan period of the regional advanced skills utilization employment stabilization plan prescribed in Article 8, paragraph (1) of the Former Regional Employment Development Act pertaining to that area.
With regard to the payment of the Okinawa youth employment incentive to an employer that came to be able to receive payment of that incentive pursuant to Article 112, paragraph (5) of the former Employment Insurance Ordinance before the Effective Date, the provisions then in force continue to govern.
Where an employer that is able to receive payment of the regional advanced human resources securing incentive paid pursuant to the provisions of paragraph (4) has, on the same grounds, received payment of the core human resources utilization incentive under Article 112, paragraph (1) of the new Employment Insurance Ordinance or the grant for ability development for regional employment development under Article 125, paragraph (1) of the new Employment Insurance Ordinance, the regional advanced human resources securing incentive is not to be paid on those grounds for payment.
第四項の規定により支給される地域高度人材確保奨励金の支給を受けることができる事業主が、同一の事由により、新雇保則第百十二条第一項の中核人材活用奨励金又は新雇保則第百二十五条第一項の地域雇用開発能力開発助成金の支給を受けた場合には、当該支給事由によっては、地域高度人材確保奨励金は支給しないものとする。
Where an employer that is able to receive payment of the core human resources utilization incentive has, on the same grounds, received payment of the regional advanced human resources securing incentive paid pursuant to the provisions of paragraph (4) or the regional human resources upgrading ability development grant so paid, the core human resources utilization incentive is not to be paid on those grounds for payment.
Where an employer that is able to receive payment of the regional human resources upgrading ability development grant paid pursuant to the provisions of paragraph (4) has, on the same grounds, received payment of the core human resources utilization incentive or the grant for ability development for regional employment development, the regional human resources upgrading ability development grant is not to be paid on those grounds for payment.
Where an employer that is able to receive payment of the grant for ability development for regional employment development has, on the same grounds, received payment of the regional advanced human resources securing incentive paid pursuant to the provisions of paragraph (4) or the regional human resources upgrading ability development grant so paid, the grant for ability development for regional employment development is not to be paid on those grounds for payment.
With regard to the implementation of the programs listed in the items of Article 140 of the former Employment Insurance Ordinance that are being conducted, at the time of enforcement of this Ministerial Order, through consignment to the regional employment assistance organizations, etc. prescribed in Article 7, paragraph (2), item (iv) of the Former Regional Employment Development Act, the provisions then in force continue to govern until March 31, 2008.
この省令の施行の際、旧地域法第七条第二項第四号に規定する地域就職援助団体等に委託して行っている旧雇保則第百四十条各号に掲げる事業の実施については、平成二十年三月三十一日までの間は、なお従前の例による。
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
plan periodmachine translation
「計画期間」
In Article 102-5, paragraph (8), item (i)(b), the period that an employer's mid-career hiring plan (中途採用計画) covers.
Short name set inArticle 102-5, paragraph (8), item (i), (b), (2), (i)
Amending Actmachine translation
「改正法」
In the supplementary provisions (附則) of Ministry of Health, Labour and Welfare Order No. 102 of 2007, short name for the law partially amending the employment measures law (雇用対策法) and the Act on Promotion of Job Opportunities in Certain Regions (Act No. 79 of 2007).
Short name set inSupplementary Provisions, Article 1, paragraph (1)
deemed areamachine translation
「みなし地域」
In Article 4 of the supplementary provisions (附則) of Ministry of Health, Labour and Welfare Order No. 102 of 2007, an area that Article 3, paragraph (1) of the supplementary provisions of the amending Act (改正法, Act No. 79 of 2007) treats as an approved employment development promotion area (同意雇用開発促進地域) under Article 7 of the Act on Promotion of Job Opportunities in Certain Regions as amended by Article 2 of that amending Act.
Short name set inSupplementary Provisions, Article 4, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 4, paragraph (2)
regional employment development planmachine translation
「地域雇用開発計画」
In Article 4, paragraph (1) of the supplementary provisions (附則) of Ministry of Health, Labour and Welfare Order No. 102 of 2007, a regional employment development plan as defined in Article 5, paragraph (1) of the Act on Promotion of Job Opportunities in Certain Regions as amended by the amending Act (改正法, Act No. 79 of 2007): a prefecture's plan for promoting employment development in an area of the prefecture.
Defined inSupplementary Provisions, Article 4, paragraph (1)· applies only in this paragraph
New Regional Employment Development Actmachine translation
「新地域法」
The Act on Promotion of Job Opportunities in Certain Regions (Act No. 23 of 1987) as it stood after the amendment the supplementary provisions (附則) naming it deal with: in those of Ministry of Health, Labour and Welfare Order No. 189 of 2001, after the 2001 amending law (平成十三年改正法), and in those of Order No. 102 of 2007, after Article 2 of the amending Act (改正法, Act No. 79 of 2007).
Short name set inSupplementary Provisions, Article 4, paragraph (1)
the Effective Datemachine translation
「施行日」
The date Ministry of Health, Labour and Welfare Order No. 102 of 2007, the amending Ministerial Order these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
Former Regional Employment Development Actmachine translation
「旧地域法」
The Act on Promotion of Job Opportunities in Certain Regions (Act No. 23 of 1987) as it stood before an amendment: in the supplementary provisions (附則) of Ministry of Health, Labour and Welfare Order No. 189 of 2001, before Article 5 of the 2001 amending law (平成十三年改正法), when it was still titled the regional employment development promotion law (地域雇用開発等促進法), and in those of Order No. 102 of 2007, before Article 2 of the amending Act (改正法, Act No. 79 of 2007).
Short name set inSupplementary Provisions, Article 4, paragraph (1)
former Employment Insurance Ordinancemachine translation
「旧雇保則」
This Ministerial Order as it stood before Article 4 of Ministry of Health, Labour and Welfare Order No. 102 of 2007 amended it.
Short name set inSupplementary Provisions, Article 4, paragraph (1)
new Employment Insurance Ordinancemachine translation
「新雇保則」
This Ministerial Order as amended by Article 4 of Ministry of Health, Labour and Welfare Order No. 102 of 2007.
Short name set inSupplementary Provisions, Article 4, paragraph (2)
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.