Supplementary Provisions
附 則
Supplementary Provisions, Article 1Effective Date
第一条(施行期日)
This Ministerial Order comes into effect as of April 1, 2022; provided, however, that the provisions set forth in the following items come into effect as of the respective dates specified in those items:
この省令は、令和四年四月一日から施行する。ただし、次の各号に掲げる規定は、当該各号に定める日から施行する。
the provisions amending Article 19, Article 31, Articles 31-3 through 31-6, Article 144-2, paragraph (1) and Article 27 of the Supplementary Provisions of the Ordinance for Enforcement of the Employment Insurance Act in Article 1, the provisions amending Form No. 12, Form No. 16 and Form No. 17, and the provisions of Article 5 and Article 8: July 1, 2022;
第一条中雇用保険法施行規則第十九条、第三十一条、第三十一条の三から第三十一条の六まで、第百四十四条の二第一項及び附則第二十七条の改正規定並びに様式第十二号、様式第十六号及び様式第十七号の改正規定並びに第五条及び第八条の規定 令和四年七月一日
the provisions amending Article 116, paragraph (3), item (i) of the Ordinance for Enforcement of the Employment Insurance Act in Article 1 (limited to the part that reads "(for an employer that has specified a period during which the scheduled start date for parental leave can be designated pursuant to Article 9-3, paragraph (4) of the Childcare and Caregiver Leave Act, three or more of the measures)"): October 1, 2022.
第一条中雇用保険法施行規則第百十六条第三項第一号の改正規定(「(育児・介護休業法第九条の三第四項の規定に基づき出生時育児休業開始予定日を指定することができる期間を定めた事業主は、三以上の措置)」とする部分に限る。) 令和四年十月一日
Supplementary Provisions, Article 2Transitional Measures Accompanying the Partial Amendment of the Ordinance for Enforcement of the Employment Insurance Act
第二条(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 grant for promoting employment beyond age 65 to an employer that, during the period from July 25, 2021 to October 31 of the same year, took any of the measures under Article 104, item (i), (a), (1), (i) through (vii) of the Ordinance for Enforcement of the Employment Insurance Act before amendment by the provisions of Article 1 (hereinafter referred to as the "former Employment Insurance Ordinance") and that bore the whole of the expenses (excluding personnel expenses) required for the implementation of that measure by the day on which two months have passed counting from the day following the day of implementation of that measure, that employer is deemed to be an employer falling under Article 104, item (i), (a), (1) of the Ordinance for Enforcement of the Employment Insurance Act as amended by the provisions of Article 1 (hereinafter referred to as the "new Employment Insurance Ordinance"), and the provisions of that Article apply. In this case, the provisions of (a), (3) of that item do not apply.
The amount of the grant for promoting employment beyond age 65 paid, as falling under Article 104, item (i), (a) of the new Employment Insurance Ordinance, to an employer that, before April 1, 2021, received payment of the grant for promoting employment beyond age 65 (hereinafter in this paragraph referred to as the "former grant") as falling under Article 104, item (i), (a) of the Ordinance for Enforcement of the Employment Insurance Act before amendment by the provisions of Article 1 of the Ministerial Order Partially Amending the Ordinance for Enforcement of the Employment Insurance Act, etc. (Order of the Ministry of Health, Labour and Welfare No. 81 of 2021) is the amount obtained by deducting the amount of the former grant received by that employer from the amount specified in Article 104, item (ii), (a) of the new Employment Insurance Ordinance (where that amount falls below zero, it is zero).
令和三年四月一日前に雇用保険法施行規則等の一部を改正する省令(令和三年厚生労働省令第八十一号)第一条の規定による改正前の雇用保険法施行規則第百四条第一号イに該当するものとして六十五歳超雇用推進助成金(以下この項において「旧助成金」という。)の支給を受けた事業主に対する新雇保則第百四条第一号イに該当するものとして支給する六十五歳超雇用推進助成金の額は、同条第二号イに定める額から当該事業主が支給を受けた旧助成金の額を控除した額(その額が零を下回る場合には、零とする。)とする。
With regard to the payment of the incentive for the Lifelong Active Worker Startup Support Course to an employer that, before the day of enforcement of this Ministerial Order (hereinafter referred to as the "Effective Date"), submitted to the Director of the Prefectural Labor Bureau the plan concerning recruitment, hiring and educational training for employment creation prescribed in Article 110-4, paragraph (6), item (i), (b) of the former Employment Insurance Ordinance and received its certification, the provisions then in force continue to govern, limited to the payment pertaining to that plan.
With regard to the payment of the grant for supporting work-family balance, etc. to an employer that falls under Article 116, paragraph (3) of the former Employment Insurance Ordinance and in which, before June 1, 2022, there arose an insured person who took the childcare leave prescribed in paragraph (3), item (i), (a), (1) of that Article and the leave that can be used for a purpose relating to childcare prescribed in (b), (1) of that item, the provisions then in force may continue to govern.
With regard to the payment of the grant for supporting work-family balance, etc. to an employer that, before the Effective Date or the day of enforcement of the provisions set out in item (ii) of the preceding Article, fell under Article 116, paragraph (3) of the former Employment Insurance Ordinance, the provisions then in force continue to govern, and with regard to the payment of the grant for supporting work-family balance, etc. to an employer that, before the Effective Date, fell under paragraphs (4) and (9) of that Article, the provisions then in force continue to govern.
The provisions of Article 116, paragraph (10) of the new Employment Insurance Ordinance apply to the payment of the grant for the Work-Family Balance Support for Fertility Treatment Course to a small and medium-sized enterprise employer that, on or after the Effective Date, has had a covered insured person start using any of the systems listed in item (i), (a) of that paragraph, and with regard to the payment of the grant for the Work-Family Balance Support for Fertility Treatment Course to a small and medium-sized enterprise employer that, before the Effective Date, had a covered insured person start using any of the systems listed in Article 116, paragraph (10), item (i), (a) of the former Employment Insurance Ordinance and that fell under item (ii), (b) of that paragraph by March 31, 2026, the provisions then in force continue to govern.
With regard to the payment of the grant for the Human Resources Securing, etc. Support Course to an employer that, before the Effective Date, submitted to the Director of the Prefectural Labor Bureau the plan for development of employment management systems under Article 118, paragraph (2), item (i), (b), (2) of the former Employment Insurance Ordinance or the plan concerning the development of the personnel evaluation system, etc. under (d), (3) of that item, the provisions then in force continue to govern.
With regard to the payment of the career advancement grant to an employer that, before the Effective Date, took the measures under Article 118-2, paragraph (2), item (i), paragraph (5), item (i), paragraph (8), item (i), paragraph (10), item (i) and paragraph (13), item (i) of the former Employment Insurance Ordinance, and Article 118-2, paragraph (13), item (i) of the former Employment Insurance Ordinance as applied with replaced terms pursuant to Article 17-3 of the Supplementary Provisions of the former Employment Insurance Ordinance, the provisions then in force continue to govern.
With regard to the payment of the grant for the Human Resources Development Support Course to an employer or employers' organization, etc. that, before the Effective Date, submitted the annual vocational ability development plan under Article 125, paragraph (2), item (i), (a), (1), (i) of the former Employment Insurance Ordinance to the Director of the Prefectural Labor Bureau and that implements specified training, specified employment-type training or specified field training, the provisions then in force continue to govern.
With regard to the payment of the grant for the Human Resources Development Support Course to an employer that, before the Effective Date, submitted to the Director of the Prefectural Labor Bureau the plan for introducing and applying a system under Article 125, paragraph (2), item (i), (d), (1), (iii) of the former Employment Insurance Ordinance and the plan for introducing and applying a system under (d), (2), (iii) of that item, the provisions then in force continue to govern.
With regard to the payment of the human resources development support grant to an employer that, before the Effective Date, implemented the general vocational training, fixed-term practical training or training for developing core human resources in small and medium-sized enterprises, etc. prescribed in Article 125, paragraph (6), item (i), (a) of the former Employment Insurance Ordinance, the provisions then in force continue to govern.
With regard to the payment of the grant for the Women's Empowerment Acceleration Course to a small and medium-sized enterprise employer that, before the Effective Date, fell under Article 139, paragraph (2), item (i) of the former Employment Insurance Ordinance, the provisions then in force continue to govern.
With regard to the payment of the grant for the COVID-19 Response Trial Course to an employer that, before the Effective Date, concluded, through a referral under Article 15-6, paragraph (2), item (i), (a) of the Supplementary Provisions of the former Employment Insurance Ordinance, the labor contract under that item, the provisions then in force continue to govern.
The grant for the Childcare Leave, etc. Support Course prescribed in Article 17-2-4, paragraph (1) of the Supplementary Provisions of the Ordinance for Enforcement of the Employment Insurance Act is not to be paid for the paid leave under item (i), (a) or (b) of that paragraph during the period from April 1, 2022 to June 30 of the same year.
雇用保険法施行規則附則第十七条の二の四第一項に規定する育児休業等支援コース助成金は、令和四年四月一日から同年六月三十日までの間における同項第一号イ又はロの有給休暇については、支給しないものとする。
Supplementary Provisions, Article 4Transitional Measures Concerning Forms
第四条(様式に関する経過措置)
Documents that are actually submitted or issued on the Effective Date or the day of enforcement of the provisions set out in Article 1, item (i) of the Supplementary Provisions (hereinafter in the following paragraph referred to as the "item (i) Effective Date") and are in use in accordance with the forms before amendment by this Ministerial Order (referred to as the "Former Forms" in the following paragraph) are deemed to be in accordance with the forms as amended by this Ministerial Order.
Paper forms in accordance with the Former Forms that actually exist on the Effective Date or the item (i) Effective Date may be used for the time being with corrections made to them.
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
Childcare and Caregiver Leave Actmachine translation
「育児・介護休業法」
Short name for the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members (Act No. 76 of 1991).
Short name set inArticle 14-4, paragraph (1)
small and medium-sized enterprise employermachine translation
「中小企業事業主」
An employer whose capital or total contributions do not exceed 300 million yen (50 million yen where its main business is retail or services, 100 million yen where it is wholesale), or whose regular workforce does not exceed 300 (50 where its main business is retail, 100 where it is wholesale or services).
Defined inArticle 102-3, paragraph (1), item (ii), (a), (5)
childcare leavemachine translation
「育児休業」
From Article 116, paragraph (3), item (i)(b)(2) on, childcare leave as Article 2, item (i) of the Act on Childcare Leave, Caregiver Leave, and Other Measures for the Welfare of Workers Caring for Children or Other Family Members defines it, together with leave under measures equivalent to the childcare leave system under Article 23, paragraph (2) of that Act and leave under measures taken in line with that system under Article 24, paragraph (1) of that Act.
Defined inArticle 116, paragraph (3), item (i), (b), (2)
covered insured personmachine translation
「対象被保険者」
In Article 116, paragraph (18), item (i), (c), an insured person the employer employs who is dealing with physical or mental problems of menopause.
Short name set inArticle 116, paragraph (18), item (i), (c), (1)
insured personmachine translation
「被保険者」
In Article 118-2, paragraph (12), item (i)(c), an insured person of health insurance under the Health Insurance Act or of employees' pension insurance under the Employees' Pension Insurance Act.
Short name set inArticle 118-2, paragraph (12), item (i), (c)
plan for introducing and applying a systemmachine translation
「制度導入・適用計画」
In Article 125, paragraph (2), an employer's plan, drawn up under its in-house vocational ability development plan (事業内職業能力開発計画) and made known to its insured persons, for newly introducing and applying a measure that gives them leave or shorter working hours so that they can develop their vocational abilities on their own initiative.
Short name set inArticle 125, paragraph (2), item (i), (e), (3), (iii)
new Employment Insurance Ordinancemachine translation
「新雇保則」
This Ministerial Order as amended by Article 1 of Ministry of Health, Labour and Welfare Order No. 73 of 2022.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
former Employment Insurance Ordinancemachine translation
「旧雇保則」
This Ministerial Order as it stood before Article 1 of Ministry of Health, Labour and Welfare Order No. 73 of 2022 amended it.
Short name set inSupplementary Provisions, Article 2, paragraph (1)
former grantmachine translation
「旧助成金」
In Article 2, paragraph (2) of the supplementary provisions (附則) of Ministry of Health, Labour and Welfare Order No. 73 of 2022, the grant for promoting employment beyond age 65 (六十五歳超雇用推進助成金) paid, before 1 April 2021, to an employer under Article 104, paragraph (1), item (i), (a) of this Ordinance as it stood before Article 1 of Ministry of Health, Labour and Welfare Order No. 81 of 2021 amended it — one that had newly taken measures of the kinds listed there under a collective agreement or its work rules.
Short name set inSupplementary Provisions, Article 2, paragraph (2)· applies only in this paragraph
the Effective Datemachine translation
「施行日」
The date Ministry of Health, Labour and Welfare Order No. 73 of 2022, the amending Ministerial Order these supplementary provisions (附則) belong to, comes into effect.
Short name set inSupplementary Provisions, Article 2, paragraph (3)
the Former Formsmachine translation
「旧様式」
The forms as they stood before the Ministerial Order (省令) these supplementary provisions belong to amended them; documents already in use on those forms count as being on the amended ones.
Short name set inSupplementary Provisions, Article 4, paragraph (1)· applies only in this provision and in Supplementary Provisions, Article 4, paragraph (2)
item (i) Effective Datemachine translation
「第一号施行日」
1 July 2022, the date the provisions listed in Article 1, item (i) of the supplementary provisions (附則) of Ministry of Health, Labour and Welfare Order No. 73 of 2022 came into effect.
Short name set inSupplementary Provisions, Article 4, paragraph (1)· applies only in this provision and in Supplementary 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.