Order of the Ministry of Labour No. 24 of September 8, 1971 Enforcement Regulations of the Act on Employment Security of Elderly Persons Pursuant to the provisions of Article 2, paragraphs (1) and (2); Article 7, paragraph (1); Article 10; Article 12, item (iv); Article 13, paragraphs (1) and (2); Article 14, paragraph (1), item (iii); Article 15, paragraph (1), item (iv); and Article 23 of the Act on Special Measures Concerning the Promotion of the Employment of Middle-Aged and Elderly Workers (Act No. 68 of 1971) and for the purpose of enforcing the Act, the Enforcement Regulations of the Act on Special Measures Concerning the Promotion of the Employment of Middle-Aged and Elderly Workers are hereby established as follows: Table of Contents Chapter I General Provisions (Articles 1 through 4) Chapter II Promotion of the Securing of Stable Employment for Elderly Persons by Raising the Mandatory Retirement Age and Introducing a Continuous Employment System (Articles 4-2 through 5) Chapter III Facilitating the Re-Employment of Elderly Persons Section 1 Support for the Re-Employment of Elderly Persons by Employers (Articles 6 through 6-6) Section 2 Special Measures for Middle-Aged and Elderly Unemployed Persons (Articles 7 through 17) Chapter IV Deleted Chapter V Silver Human Resources Centers Section 1 Silver Human Resources Centers (Articles 24 through 25) Section 2 Silver Human Resources Center Association (Articles 26 through 30) Section 3 National Silver Human Resources Center Association (Articles 31 and 31-2) Chapter VI Assistance by the State (Article 32) Chapter VII Miscellaneous Provisions (Articles 33 and 34) Supplementary Provisions Chapter I General Provisions
(Age of Elderly Persons) Article 1 The age specified by Order of the Ministry of Health, Labour and Welfare, under Article 2, paragraph (1) of the Act on Employment Security of Elderly Persons (Act No. 68 of 1971; referred to below as the "Act"), is 55 years of age.
(Age of Middle-Aged and Elderly Persons) Article 2 The age specified by Order of the Ministry of Health, Labour and Welfare, under Article 2, paragraph (2), item (I) of the Act, is 45 years of age.
(The Age Range of Middle-Aged and Elderly Unemployed Persons, etc.) Article 3 (1) The age range specified by Order of the Ministry of Health, Labour and Welfare under Article 2, paragraph (2), item (ii) of the Act, is 45 years of age or older but under 65 years of age. (2) Unemployed persons under 65 years of age who are specified by Order of the Ministry of Health, Labour and Welfare under Article 2, paragraph (2), item (ii) of the Act, as having particular difficulty in finding employment, and who fall under any of the following items: (i) persons with physical disabilities, as defined in Article 2, item (ii) of the Act to Facilitate the Employment of Persons with Disabilities (Act No. 123 of 1960); (ii) persons listed in the items of Article 48 or the items of Article 85, paragraph (1) of the Offender Rehabilitation Act (Act No. 88 of 2007) and for whom the director of a probation office has notified the chief of the public employment security office regarding assistance with employment placement; (iii) persons who face significant obstacles to employment due to social circumstances.
(Designation of a Specified Area) Article 4 (1) The designation of a specified area as provided for in Article 2, paragraph (3) of the Act (referred to below as a "specified area") is to be made with respect to an area that is subject to wide-area employment placement activities as provided for in Article 25, paragraph (1) of the Employment Insurance Act (Act No. 116 of 1974) and that falls under any of the following items: (i) there are a significantly large number of job seekers who are middle-aged and elderly persons as provided for in Article 2, paragraph (2), item (i) of the Act (referred to below as "middle-aged and elderly persons"); (ii) the ratio of job seekers who are middle-aged and elderly to the number of job openings for middle-aged and elderly is extremely high; (iii) the proportion of middle-aged and elderly job seekers who have found employment is extremely low. (2) When the Minister of Health, Labour and Welfare finds it necessary, the Minister may designate as a specified area one that is expected to have many unemployed middle-aged and elderly persons, and is found to be area which falls under any item of the preceding paragraph, or is an area equivalent to the area referred to in the preceding paragraph. (3) The unit of a specified area is based on the jurisdictional district of a public employment security office; provided, however, that if there are special circumstances, the unit is an area separately specified by the Minister of Health, Labour and Welfare.
Chapter II Promotion of the Securing of Stable Employment for Elderly Persons by Raising the Mandatory Retirement Age and Introducing a Continuous Employment System
(Duties Under Article 8 of the Act) Article 4-2 The duties specified by Order of the Ministry of Health, Labour and Welfare under Article 8 of the Act are the duties related to underground work under the business provided for in Article 4 of the Mining Act (Act No. 289 of 1950).
(Specially Related Employers) Article 4-3 (1) An employer specified by Order of the Ministry of Health, Labour and Welfare under Article 9, paragraph (2) of the Act is any of the persons listed in each of the following items: (i) any subsidiary corporation, etc. of the employer; (ii) the parent corporation, etc. that has the employer as its subsidiary corporation, etc.; (iii) any subsidiary corporation, etc. of the parent corporation, etc. that has the employer as its subsidiary corporation, etc. (excluding the employer itself, and the persons listed in the preceding two items); (iv) any affiliated corporation, etc. of the employer; (v) any affiliated corporation, etc. of the parent corporation, etc. that has the employer as its subsidiary corporation, etc. (excluding the persons stated in the preceding item). (2) The term "parent corporation, etc.", as provided for in the preceding paragraph, means a corporation, etc. (referring to a company, partnership, or other equivalent entity (including an equivalent entity in a foreign country); the same applies below) listed in the following items; provided, however, that this does not apply if it is clearly recognized that the corporation, etc. does not control the body that determines the financial and operational policies or business policies (referring to a shareholders' meeting or other equivalent body; referred to below as the "decision-making body") of any other corporation, etc., in light of their financial, operational, or business relationships: (i) a corporation, etc. that holds on its own account a majority of the voting rights of another corporation, etc. (excluding a corporation, etc. that has received an order for commencement of bankruptcy proceedings, commencement of rehabilitation proceedings, commencement of reorganization proceedings, or a corporation or other equivalent entity, for which it is determined that no valid parent-subsidiary relationship exists; the same applies in this paragraph below); (ii) a corporation, etc. that holds on its own account 40 percent or more but not more than 50 percent of the voting rights of another corporation, etc., and satisfies any of the following requirements: (a) the total number of voting rights held by the corporation, etc. on its own account and the voting rights held by persons who are determined to exercise their voting rights in the same manner as the corporation, etc., due to close ties with the corporation, etc. in terms of financing, personnel affairs, funds, technology, transactions, or other matters, as well as by persons who agree to exercise their voting rights in the same manner as the corporation, etc., together constituting a majority of the voting rights of the other corporation, etc.; (b) persons who are or have been officers, members executing the business, or employees of the corporation, etc., and who are capable of influencing decisions on the financial and operational policies or business policies of the other corporation, etc., constitute a majority of the members of the board of directors or other equivalent body of that other corporation, etc.; (c) there is a contract or equivalent agreement between the corporation, etc. and the other corporation, etc. that controls the making of important decisions concerning the financial and operational policies or business policies of that other corporation, etc.; (d) the corporation, etc. provides loans (including guarantees of obligations and provision of collateral; the same applies below) that account for more than half of the total amount of funds procured by the other corporation, etc. (limited to those included in the liabilities section of the balance sheet) (including cases where, when combined with loans provided by persons who have close relationships with the corporation, etc. in terms of financing, personnel affairs, funds, technology, transactions, or other matters, such loans account for more than half of the total amount); (e) there is any other fact that suggests that the corporation, etc. controls the decision-making body of the other corporation, etc. (iii) a corporation, etc. that, if the total number of voting rights held by the corporation, etc. on its own account and the voting rights held by persons who are determined to exercise their voting rights in the same manner as the corporation, etc. due to a close relationship with the corporation, etc. in terms of financing, personnel affairs, funds, technology, transactions, other matters, as well as by persons who agree to exercise their voting rights in the same manner as the corporation, etc. (including cases where the corporation, etc. does not hold any voting rights on its own account), together constitute a majority of the voting rights of another corporation, etc., satisfies any of the requirements listed in (b) through (e) of the preceding item. (3) The term "subsidiary corporation, etc." as provided for in paragraph (1) means another corporation, etc. whose decision-making body is controlled by the parent corporation, etc. In this case, if the parent corporation, etc., together with its subsidiary corporation, etc., or a subsidiary corporation, etc. alone, controls the decision-making body of another corporation, etc., that other corporation, etc. is deemed to be a subsidiary corporation, etc. of the parent corporation, etc. (4) The term "affiliated corporation, etc." as provided for in paragraph (1) means the persons listed in the following items; provided, however, that this does not apply if it is clearly recognized that a corporation, etc. (including its subsidiary corporations, etc.) cannot significantly influence decisions concerning the financial and operational policies or business policies of any other corporation, etc. other than its subsidiary corporations, etc. in light of their financial, operational, or business relationships: (i) if a corporation, etc. (including its subsidiary corporations, etc.) holds on its own account not less than 20 percent of the voting rights of another corporation, etc. that is not a subsidiary corporation, etc. (excluding another corporation, etc. that is not a subsidiary corporation, etc., or another equivalent corporation, etc. that has received an order for commencement of bankruptcy proceedings, commencement of rehabilitation proceedings, or commencement of reorganization proceedings, if it is determined that the corporation, etc. cannot significantly influence decisions on the financial and operational policies or business policies of that other corporation, etc.; the same applies below), the other corporation, etc. that is not a subsidiary corporation, etc.; (ii) if a corporation, etc. (including its subsidiary corporations, etc.) holds on its own account 15 percent or more but less than 20 percent of the voting rights of another corporation, etc., excluding its subsidiary corporations, etc., and that other corporation, etc. satisfies any of the following requirements: (a) persons who are or have been officers, members who execute the business, or employees of the corporation, etc., and who are capable of influencing decisions on the financial and operational policies or business policies of another corporation, etc. that is not its subsidiary corporation, and who hold the office of representative director, director, or an equivalent position of that other corporation, etc.; (b) the other corporation, etc. has received a significant loan from the corporation, etc.; (c) the other corporation, etc. has received significant technology from the corporation, etc.; (d) the other corporation, etc. engaging in significant sales, purchases, or other operational or business transactions with the corporation, etc.; (e) there is a fact suggesting that the corporation, etc. can significantly influence decisions concerning the financial and operational policies or business policies of the other corporation, etc. (iii) another corporation, etc. that is not a subsidiary corporation, etc., in a case where the total number of voting rights held by a corporation, etc. (including its subsidiary corporations, etc.) on its own account and the voting rights held by persons who are determined to exercise their voting rights in the same manner as the corporation, etc. due to a close relationship with that corporation, etc. in terms of financing, personnel affairs, funds, technology, transactions, or other matters, as well as by persons who agree to exercise their voting rights in accordance with the decision-making intent of the corporation, etc. (including cases where the corporation, etc. does not hold any voting rights on its own account), together constitute not less than 20 percent of the voting rights of that other corporation, etc. and that satisfies any of the requirements listed in (a) through (e) of the preceding item.
(Persons Specified by Order of the Ministry of Health, Labour and Welfare Under Article 10-2, Paragraph (1) of the Act) Article 4-4 The persons specified by Order of the Ministry of Health, Labour and Welfare under Article 10-2, paragraph (1) of the Act are elderly persons who are employed by an employer pursuant to a contract referred to in Article 9, paragraph (2) of the Act that has been concluded with another employer.
(Plans for the Implementation of Measures for Start-up Support and Other Assistance) Article 4-5 (1) An employer is to prepare a plan concerning the measures for start-up support and other assistance referred to in Article 10-2, paragraph (2) of the Act (referred to below as "measures for start-up support and other assistance"), and obtain consent to the plan from a labor union organized by a majority of the workers, if such a labor union exists, or from a person representing a majority of the workers if no such labor union exists. (2) The plan stated in the preceding paragraph is to include the following matters: (i) reasons for taking the measures for start-up support and other assistance among the measures for securing job opportunities for elderly persons referred to in Article 10-2, paragraph (4) of the Act (referred to below as "measures for securing job opportunities for elderly persons"); (ii) matters concerning the content of the work in which elderly persons are to be engaged based on an entrustment contract, or other contract provided for in Article 10-2, paragraph (2), item (i) or item (ii) of the Act (referred to below as the "contract" in this paragraph); (iii) matters concerning the money to be paid to elderly persons based on a contract; (iv) matters concerning the frequency of entering into a contract; (v) matters concerning deliveries under the contract; (vi) matters concerning amendments to a contract; (vii) matters concerning termination of a contract (including the grounds for cancellation); (viii) matters concerning the handling of miscellaneous expenses; (ix) matters concerning health and safety; (x) matters concerning accident compensation and support for injury or illness not related to business; (xi) if an entrustment contract or other contract concerning the social contribution business provided for in Article 10-2, paragraph (2), item (ii), (b) or (c) of the Act is concluded and measures are taken pursuant to the contract to secure the employment of elderly persons, matters concerning the corporation or other organization implementing that social contribution business; (xii) in addition to the matters listed in the preceding items, if provisions apply to all workers subject to the measures for start-up support and other assistance, matters concerning such provisions. (3) An employer is to prepare the plan stated in paragraph (1), for which consent referred to in the proviso to Article 10-2, paragraph (1) of the Act has been obtained, and make it known to workers at each place of business using any of the following methods: (i) post or display a copy of the plan in a conspicuous location at all times at each place of business; (ii) deliver written copies to workers; (iii) record it in a file on a computer used by the employer, or in a file prepared using an electronic or magnetic recording medium (meaning a record made in an electronic or magnetic record (meaning a record made in an electronic form, a magnetic form, or any other form not perceivable by human senses, which is used for data processing by a computer; the same applies below); the same applies below), and install equipment at the place of business enabling workers to check the content of that record at all times.
(Majority Representatives Under Article 10-2, Paragraph (1) of the Act) Article 4-6 (1) The person representing a majority of the workers provided for in Article 10-2, paragraph (1) of the Act (referred to below as "representative of a majority" in this Article) is to be a person who falls under any of the following: (i) a person who is not in a supervisory or management position provided for in item (ii) of Article 41 of the Labor Standards Act (Act No. 49 of 1947); (ii) a person who has been elected through procedures such as voting or a show of hands to elect a majority representative to give the consent referred to in the proviso to Article 10-2, paragraph (1) of the Act, and who has not been elected based on the employer's intent. (2) If no person falls under item (i) of the preceding paragraph, the majority representative is to be a person who falls under item (ii) of that paragraph. (3) An employer must refrain from treating a worker unfavorably on the grounds that the worker is a majority representative, has attempted to become one, or has performed a legitimate act as a majority representative. (4) An employer must give necessary consideration to ensure that the majority representative can smoothly carry out affairs concerning the consent referred to in the proviso to Article 10-2, paragraph (1) of the Act.
(Cases Specified by Order of the Ministry of Health, Labour and Welfare Under Article 10-2, Paragraph (2), Item (i) of the Act) Article 4-7 (1) The cases specified by Order of the Ministry of Health, Labour and Welfare under Article 10-2, paragraph (2), item (i) of the Act are cases in which an elderly person establishes a new corporation after reaching mandatory retirement age, or after reaching the upper age limit under the continuous employment system referred to in Article 9, paragraph (1), item (ii) of the Act, and the corporation commences a new business. (2) The person specified by Order of the Ministry of Health, Labour and Welfare under Article 10-2, paragraph (2), item (i) of the Act is the corporation in the case referred to in the preceding paragraph.
(Plans for Implementing Measures for Securing Job Opportunities for Elderly Persons) Article 4-8 (1) The plan for implementing the measures for securing job opportunities for elderly persons referred to in Article 10-3, paragraph (2) of the Act (referred to below in this Article as the "plan") is to include the following information: (i) the start and end of the plan; (ii) the measures to be implemented during the plan period and the timing of their implementation; (iii) the upper limit of the mandatory retirement age or the age subject to the measures for securing job opportunities for elderly persons during and at the end of the plan period. (2) Recommendations on the preparation of a plan are to be made in writing. (3) When an employer has prepared a plan, the employer must submit it without delay to the chief of the public employment security office having jurisdiction over the location of its principal place of business (or, if there are two or more such offices, the public employment security office that handles this matter pursuant to the provisions of Article 792 of the Rules on Organization of the Ministry of Health, Labour and Welfare (Order of the Ministry of Health, Labour and Welfare No. 1 of 2001); the same applies below).
(Appointment of a Promoter for the Employment of Elderly Persons) Article 5 An employer is to appoint a promoter for the employment of elderly persons from among persons recognized as having the knowledge and experience necessary to perform the duties referred to in Article 11 of the Act.
Chapter III Facilitating the Re-Employment of Elderly Persons
Section 1 Facilitating the Re-Employment of Elderly Persons by Employers
(The Age Range of Elderly Persons who are Eligible Re-Employment Assistance Measures) Article 6 (1) Persons specified by Order of the Ministry of Health, Labour and Welfare under the first sentence of Article 15, paragraph (1) of the Act are those aged 45 or older but under 70, and who do not fall under any of the following items: (i) persons who are employed daily or on a fixed-term basis (excluding those who have been employed continuously for more than six months by the same employer); (ii) persons who are in a probationary period (excluding those who have been employed continuously for more than 14 days by the same employer); (iii) persons employed in roles not required to work full time; (iv) elderly persons who are employed by an employer pursuant to a contract provided for in Article 9, paragraph (2) of the Act concluded with another employer (excluding those who leave employment for the reasons referred to in paragraph (3), item (iv), (v), or (vii)); (v) elderly persons who are employed by an employer pursuant to a contract provided for in Article 10-2, paragraph (3) of the Act concluded with another employer (excluding those who leave employment for the reasons referred to in paragraph (3), item (vi), or (vii)). (2) The persons specified by Order of the Ministry of Health, Labour and Welfare under the second sentence of Article 15, paragraph (1) of the Act are as follows: (i) a person employed by a specially related employer pursuant to a contract concluded by their employer with that specially related employer, as provided for in Article 9, paragraph (2) of the Act (limited to those who leave employment for the reason referred to in item (ii) of the following paragraph); (ii) a person employed by another employer pursuant to a contract concluded by their employer with that other employer, as provided for in Article 10-2, paragraph (3) of the Act (limited to those who leave employment for the reason referred to in item (iii) of the following paragraph); (iii) a person who concludes an entrustment contract or other contract with an employer, as provided for in Article 10-2, paragraph (2), item (i) or item (ii) of the Act, based on measures for start-up support and other assistance; (iv) a person who concludes an entrustment contract or other contract with the person conducting the business referred to in Article 10-2, paragraph (2), item (ii), (b) or (c) of the Act, as provided for in the same item, based on measures for start-up support and other assistance. (3) The reasons specified by Order of the Ministry of Health, Labour and Welfare under Article 15, paragraph (1) of the Act are as follows: (i) mandatory retirement age (limited to persons who are 65 years of age or older); (ii) leaving employment due to having reached the upper age limit under the continuous employment system referred to in Article 9, paragraph (2) of the Act (limited to persons who are 65 years of age or older); (iii) leaving employment due to having reached the upper age limit under the measures for securing job opportunities for elderly persons (excluding raising the mandatory retirement age and abolishing the fixed mandatory retirement age; the same applies in item (vi)); (iv) leaving employment due to failure to meet the criteria for elderly persons eligible for the continuous employment system referred to in Article 9, paragraph (2) of the Act before its amendment by the Act Partially Amending the Act on Employment Security of Elderly Persons (Act No. 78 of 2012; referred to as the "2012 Amendment Act" in Article 6-3, paragraph (8)), which remains in force pursuant to the provisions of paragraph (3) of the Supplementary Provisions of that Act; (v) leaving employment due to failure to meet the criteria for elderly persons eligible for the continuous employment system referred to in Article 9, paragraph (2) of the Act, where such criteria have been established (limited to those who are 65 years of age or older); (vi) leaving employment due to failure to meet the criteria for elderly persons subject to the measures for securing job opportunities for elderly persons, where such criteria have been established; (vii) dismissal (excluding dismissal on grounds attributable to the persons concerned) or other leaving of for reasons attributable to the employer.
(Number of Elderly Persons Subject to Notification of Multiple Cases of Leaving Employment) Article 6-2 (1) The number of persons specified by Order of the Ministry of Health, Labour and Welfare under Article 16, paragraph (1) of the Act is five. (2) A notification under the provisions of Article 16, paragraph (1) of the Act must be made by submitting a notification of multiple cases of leaving employment (Form No. 1) to the chief of the public employment security office having jurisdiction over the location of the relevant place of business no later than one month before the day on which the leaving employment subject to the notification occurs (or, if all such leaving employment does not occur on the same day, the day on which the final such leaving employment occurs). (3) The number of persons who leave employment under the provisions of Article 16, paragraph (2) of the Act is calculated as the total number of elderly persons eligible for re-employment assistance, etc. (referred to below in this paragraph as "elderly persons eligible for re-employment assistance, etc."), as referred to in Article 15, paragraph (1) of the Act, who leave employment for any of the reasons stated in the items of paragraph (3) of the preceding Article within a one-month period at the same place of business; provided, however, that if any of these elderly persons eligible for re-employment assistance, etc. have already been covered by a notification submitted pursuant to Article 27, paragraph (1) of the Act on Comprehensively Advancing Labor Measures, Stabilizing the Employment of Workers, and Enriching Workers' Vocational Lives (Act No. 132 of 1966) (including applications submitted pursuant to Article 24, paragraph (5) of that Act for certification referred to in Article 24, paragraph (3) of that Act, which are deemed to serve as notifications of significant employment fluctuations under Article 27, paragraph (1) of that Act) (limited to those who leave employment during the period covered by the relevant notification of multiple cases of leaving and for the reasons listed in paragraph (3) of the preceding Article), then the number of such persons is deducted from the total.
(Drafting a Support Plan for Job Seeking) Article 6-3 (1) Before drafting a support plan for job seeking (referred to below as a "support plan for job seeking") provided for in Article 17, paragraph (1) of the Act, an employer is to hear the opinions of the labor union organized by a majority of the workers at the place of business associated with the support plan for job seeking, or, if no such labor union exists, a person representing a majority of the workers regarding the content of re-employment support measures intended to be applied uniformly to elderly persons who are to leave employment and who are persons as defined in paragraph (9) (referred to below as "elderly persons who are to leave employment"). (2) After an elderly person who is to leave employment has been determined, the employer is to promptly hear that person's wishes regarding the issuance of a support plan for job seeking, and prepare and issue the plan accordingly. (3) In preparing a support plan for job seeking, the employer is to, in advance, hear the wishes of the elderly person who is to leave employment regarding re-employment and job-seeking activities while still employed. (4) In lieu of issuing a support plan for job seeking under the provisions of paragraph (2), an employer may, with the consent of an elderly person who is to leave employment and as provided for in paragraph (6), provide the matters listed in each item of paragraph (10) (referred to below in this Article as "information on the support plan") by means of an electronic data processing system or other information and communications technology listed in the following items (referred to below in this Article as "electronic or magnetic means"). In such a case, the employer is deemed to have issued the support plan for job seeking: (i) a method using an electronic data processing system (meaning an electronic data processing system that connects a computer used by the employer and a computer used by the elderly person who is to leave employment via a telecommunications line), under which the information on the support plan is transmitted through the telecommunications line connecting those computers and recorded in a file on the computer used by the elderly person; (ii) a method of issuing a file prepared on an electronic or magnetic recording medium containing the information on the support plan. (5) The methods listed in the items of the preceding paragraph must enable the elderly person who is to leave employment to prepare a document by outputting the information recorded in a file. (6) When an employer intends to provide the information on the support plan pursuant to the provisions of paragraph (4), the employer must, in advance, inform the elderly person who is to leave employment of the type and content of the electronic or magnetic means listed below that the employer intends to use, and obtain that person's consent to the use of those means in writing or by electronic or magnetic means: (i) the methods prescribed in each item of paragraph (4) that are to be used by the employer; (ii) the format for recording information in a file. (7) An employer that has obtained consent under the provisions of the preceding paragraph must not provide the information on the support plan by electronic or magnetic means if the elderly person who is to leave employment has notified the employer, in writing or by electronic or magnetic means, that they do not wish to receive such information by those means; provided, however, that this does not apply if that person has again given consent under the provisions of the preceding paragraph. (8) The reasons specified by Order of the Ministry of Health, Labour and Welfare under Article 17, paragraph (1) of the Act are a failure to meet the criteria concerning elderly persons who become eligible for the continuous employment system under Article 9, paragraph (2) of the Act before the partial amendment by the 2012 Amendment Act, which remains in force pursuant to the provisions of paragraph (3) of the Supplementary Provisions of that Act if those criteria have been established, and other reasons attributable to the employer. (9) Persons specified by Order of the Ministry of Health, Labour and Welfare under Article 17, paragraph (1) of the Act are those 45 years of age or older but under 70 who do not fall under any of the following: (i) persons who are employed on a daily basis or for a fixed period of employment (excluding those who have been employed continuously for a period of more than six months by the same employer); (ii) persons who are in a probationary period (excluding those who have been employed continuously for a period of more than 14 days by the same employer); (iii) persons who are employed as persons who are not required to work full time; (10) The matters specified by Order of the Ministry of Health, Labour and Welfare under Article 17, paragraph (1) of the Act are as follows: (i) the name, age, and gender of an elderly person who is to leave employment; (ii) the date on which an elderly person who is to leave employment will leave the employment (or, if the date has not been determined, the expected time of leaving employment); (iii) the work history of an elderly person who is to leave employment (including the main duties performed, work experience, performance, and achievements); (iv) the qualifications, licenses, and training courses completed by the elderly person who is to leave employment; (v) matters concerning the skills, knowledge, and other vocational abilities of an elderly person who is to leave employment; (vi) in addition to the matters listed in items (iii) to (v), matters that serve as a reference when an elderly person who is to leave employment prepares a document clarifying their work history, and other matters that may assist in re-employment.
Article 6-4 (1) The duties of the person in charge of re-employment support under the provisions of Article 17, paragraph (2) of the Act are as follows: (i) searching for job openings for elderly persons who are to leave employment, collecting information on job openings, and providing such information obtained through these activities to those persons; (ii) providing necessary consultation to facilitate the re-employment of elderly persons who are to leave employment; (iii) liaising with public employment security offices, public vocational ability development institutions, and other relevant facilities regarding support for the re-employment of elderly persons who are to leave employment; (iv) in addition to the duties listed in the preceding three items, performing other necessary duties for supporting the re-employment of elderly persons who are to leave employment. (2) The employer is to ensure the person responsible for re-employment support carry out their duties, with respect to basic matters concerning the performance of those duties, after hearing the opinions of the labor union organized by a majority of the workers at the relevant place of business related to the support plan for job seeking , or, if no such labor union exists, a person representing a majority of the workers.
Article 6-5 The provisions of Article 4-6, paragraphs (1) and (2) apply mutatis mutandis to a person representing a majority of the workers prescribed in Article 6-3, paragraph (1) and paragraph (2) of the preceding Article, and the provisions of Article 4-6, paragraphs (3) and (4) apply mutatis mutandis to the employer referred to in Article 6-3, paragraph (1) and paragraph (2) of the preceding Article.
(Methods Specified by Order of the Ministry of Health, Labour and Welfare Under Article 20, Paragraph (1) of the Act) Article 6-6 (1) The method specified by the Order of the Ministry of Health, Labour and Welfare Order under Article 20, paragraph (1) of the Act is a method of stating or recording the reason provided for in that paragraph (referred to as the "reason" in paragraph (3)) together with the file prepared as a document or as an electronic or magnetic record used for the recruitment and employment of workers. (2) The files prepared in the form of the documents or electronic or magnetic records referred to in the preceding paragraph are to include the following items: (i) a description or record of the contents of the job placement when an employer posts a job with a public employment security office, or with a person who conducts employment placements after obtaining a license or filing a notification under the provisions of the Employment Security Act (Act No. 141 of 1947) or other applicable laws; (ii) if an employer entrusts the recruitment of workers to a person other than its own employees, after obtaining a license or filing a notification under the provisions of the Employment Security Act or other applicable laws, a description or record of the contents of the recruitment related to that entrustment; (iii) if an employer intends to receive a supply of workers from a person engaged in the business of supplying workers pursuant to the provisions of Article 45 of the Employment Security Act, a clear statement to the business operator supplying workers of the contents of the work the supplied workers are expected to perform. (3) Notwithstanding the provisions of paragraph (1), if workers are recruited and hired through an advertisement in a newspaper, magazine, or other publication, or by other similar methods, or if there is no file prepared in the form of a document or an electronic or magnetic record as referred to in paragraph (1), and it is difficult to present the reason in advance using the methods referred to in that paragraph, the reason may be provided without delay, in response to a job seeker's request, by any of the following methods: (i) the method of delivering a written document; (ii) a method of using an electronic data processing system (meaning an electronic data processing system that connects a computer used by an employer and a computer used by a job seeker through a telecommunications line), or any other method using information and communications technology, that enables a job seeker to prepare a document by outputting a file prepared in the form of an electronic or magnetic record using that method.
Section 2 Special Measures for Middle-Aged and Elderly Unemployed Persons
(Issuance of Pocketbooks) Article 7 (1) The application referred to in Article 22 of the Act is to be filed, in accordance with the procedures and forms specified by the Director-General of the Employment Security Bureau of the Ministry of Health, Labour and Welfare (referred to below as "Director-General of the Employment Security Bureau"), with the chief of the public employment security office having jurisdiction over the domicile of the applicant (or, if the domicile is difficult to establish, the residence) (referred to below in this Section as "public employment security office having jurisdiction"). (2) The requirements specified by the Minister of Health, Labour and Welfare after hearing the opinions of the Labour Policy Council, as provided for in Article 22, item (iv) of the Act, are as follows: (i) a person who wishes to be employed as a full-time worker (referring to a worker who has been employed continuously by the same employer); (ii) the income of a person, calculated using the method specified by the Director-General of the Employment Security Bureau (if a spouse (including a person in a de facto marital relationship without a marriage notification) has income, the total income of both persons is calculated as specified by the Director-General), does not exceed the amount specified by the Director-General of the Employment Security Bureau. This amount is based on the maximum income on which income tax would not be imposed under the Income Tax Act (Act No. 33 of 1965), taking into account the existence of a spouse or dependent relatives and the number of dependent relatives eligible for deduction, when the provisions of Articles 83, 84, and 86 of that Act are applied; (iii) for a person who has received a job application pocketbook for middle-aged and elderly unemployed persons and other persons (referred to below as "pocketbook") provided for in Article 22 of the Act, one year has passed since the day on which the pocketbook (in the event that a person has received a pocketbook at least two times, the last pocketbook that the person has received) has become invalid, except in cases falling under any of the following: (a) for a person who has obtained a job after receiving a pocketbook (excluding those persons whose pocketbook has become invalid because the person no longer fulfills any of the requirements provided for in Article 22, items (i) or (ii) of the Act, or the preceding two items, or the person falls under Article 9, paragraph (1), items (i) or (iii)), when the person separates from employment for reasons which cannot be attributed to the person, or due to other circumstances which cannot be attributed to that person; (b) for a person whose pocketbook has become invalid due to falling under Article 9, paragraph (1), item (ii), when the reason referred to in that item has ceased to exist. (iv) a person has not received, or is not eligible to receive, the authorization of Article 10-2, paragraphs (1) or (2) of the Act on Temporary Measures concerning Ex-Workers of Armed Forces Stationed in Japan (Act No. 158 of 1958), pursuant to the provisions of paragraphs (1) or (2) of that Article (excluding cases in which one year has passed since the day on which the authorization ceases to be effective, pursuant to the provisions of paragraphs (4) or (5) of that Article); (v) a person has not received, or is not eligible to receive a job application pocketbook for unemployed persons in Okinawa, pursuant to the provisions of Article 70, paragraph (1) of the Act on Special Measures for the Promotion and Development of Okinawa (Act No. 14 of 2002) (excluding a person for whom one year has passed since the day on which the job application pocketbook for unemployed persons in Okinawa has become invalid, pursuant to the provisions of paragraph (2) of that Article); (vi) a person who has not received, or is not eligible to receive, a job application pocketbook for retired fishers pursuant to the provisions of Article 4, paragraph (1) of the Act on Temporary Measures Concerning Former Fishers Due to the Conclusion of International Agreements (Act No. 94 of 1977) or Article 3-2 of the Enforcement Regulations of the Act on Temporary Measures Concerning Former Fishers Due to the Conclusion of International Agreements (Order of the Ministry of Labour No. 30 of 1977) (excluding a person for whom one year has passed since the day on which the job application pocketbook became invalid due to the expiration of the period specified by Order of the Ministry of Health, Labour and Welfare under Article 4, paragraph (3) of that Act or pursuant to the provisions of paragraph (4) of that Article); (vii) a person has not received or is not eligible to receive a job application pocketbook for retirees of a regular ferry line service for general passengers, pursuant to the provisions of Article 16, paragraphs (1) or (2) of the Act on Special Measures concerning Regular Ferry Line Service for General Passengers Incidental to the Construction of a Connection Bridge Between Honshu and Shikoku (Act No. 72 of 1981), or Article 1 of the Ministerial Order on Vocational Guidance 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) (excluding cases in which one year has passed since the day on which the job application pocketbook for retirees of a regular ferry line service for general passengers has become invalid, pursuant to the provisions of Article 16, paragraph (3) of that Act); (viii) a person who has not received a job application pocketbook for coal mining retirees pursuant to the provisions of Article 8 or Article 9 of the Supplementary Provisions of the Enforcement Regulations of the Employment Measures Act (Order of the Ministry of Labour No. 23 of 1966) before the amendment by the Ministerial Order on Partial Amendment of the Enforcement Regulations of the Employment Insurance Act (Order of the Ministry of Health, Labour and Welfare No. 82 of 2005) (excluding cases in which one year has passed since the day on which the person's job application pocketbook for coal mining retirees became invalid due to the expiration provided for in Article 12, paragraph (1) of the Supplementary Provisions of that Order or pursuant to the provisions of paragraph (2) of that Article). (3) In principle, when an application for a pocketbook is filed, the chief of the public employment security office having jurisdiction is to examine, within 30 days from the date of receipt, whether the applicant falls under the provisions of Article 22 of the Act. If the applicant does, the chief is to issue a pocketbook to the applicant; if the applicant does not, the chief is to notify the applicant in writing of that fact. (4) When the chief of the public employment security office having jurisdiction finds it necessary to carry out the examination referred to in the preceding paragraph, the chief is to request the applicant to submit a medical certificate of the results of the medical examination or conduct tests to assess the applicant's skills, physical strength, aptitude, and other relevant attributes. (5) The form of the pocketbook is specified by the Director-General of the Employment Security Bureau.
(Validity Period of a Pocketbook) Article 8 (1) Under Article 23, paragraph (1) of the Act, the period specified by Order of the Ministry of Health, Labour and Welfare is six months from the date of issuance of the pocketbook; provided, however, that if, pursuant to the provisions of Article 26, paragraph (1) of the Act, the chief of the public employment security office having jurisdiction instructs an unemployed person to receive the measures listed in Article 25, paragraph (1), item (ii) or item (iii) of the Act (limited to training designed to facilitate adaptation to the working environment) in accordance with the plan referred to in that paragraph, and those measures are not completed within the six month period, the period is extended until the measures are completed. (2) The extension of the validity period of a pocketbook under the provisions of Article 23, paragraph (2) of the Act is to be made for a person who has received a pocketbook and falls under any of the following items, and is found to still be in need of the measures (referred to below as "employment promotion measures") stated in the items of Article 25, paragraph (1) of the Act, in accordance with the plan provided for in that paragraph: (i) persons 55 years of age or older but under 65 (excluding those listed in item (iii)); (ii) for persons who reside in a specified area, in addition to those listed in the preceding item, persons 45 years of age or older but under 55 (excluding those listed in the following item); (iii) a person who is found by the chief of the public employment security office having jurisdiction, in accordance with criteria specified by the Director-General of the Employment Security Bureau, to have particular difficulty in finding employment. (3) Under Article 23, paragraph (2) of the Act, the period specified by Order of the Ministry of Health, Labour and Welfare is six months for those listed in items (i) and (iii) of the preceding paragraph who reside outside the specified area, and for those listed in item (ii) of that paragraph, and one year for those listed in items (i) and (iii) of the preceding paragraph who reside in the specified area, counted from the day after the last day of the period provided for in paragraph (1).
(Expiration of a Pocketbook) Article 9 (1) The requirements specified by the Minister of Health, Labour and Welfare, after hearing the opinions of the Labour Policy Council, as provided for in Article 24, paragraph (1), item (iii) of the Act, are as follows: (i) when a person fails to follow the instructions referred to in Article 26, paragraph (1) or (2) of the Act or Article 27, paragraph (2) of the Act, and the person does not fall under any of the following items, the determination of whether the person falls under any of the following items is to be made according to the standards prepared by the Director-General of the Employment Security Bureau in accordance with the criteria referred to in Article 32, paragraph (3) of the Employment Insurance Act: (a) when the instructed employment promotion measures, or the employment that a person has been referred to, are not appropriate, in light of the abilities of the person; (b) when a change to a current domicile or residence would be required to receive the instructed employment promotion measures, or to take up the employment to which the person has been referred to, and it is difficult to make that change; (c) when the wage offered by the employer is unjustifiably low in comparison to the wage level deemed usual for work of the same type of skills and business, and in the same area; (d) when a person is referred to a place of business where a labor dispute has arisen, in violation of the provisions of Article 20 of the Employment Security Act; (e) when there is any other justifiable reason. (ii) when a person is unable to receive the employment promotion measures due to sickness, injury, or any other reason, and it is difficult to expect the effect of those measures; (iii) when a person, by deception or other wrongful acts, has received or attempted to receive job-change benefits referred to in Article 18 of the Act on Comprehensive Promotion of Labor Policies, Stability of Employment of Workers, and Enhancement of Vocational Life, benefits for unemployment, etc. or benefits for childcare leave, etc. under the provisions of the Employment Insurance Act, or other benefits equivalent to these under the provisions of laws, regulations, or Prefectural Ordinance; provided, however, that this does not apply when deemed unavoidable. (2) The notice provided for in Article 24, paragraph (2) of the Act is to be given in writing, specifying a deadline by which the pocketbook that has expired pursuant to the provisions of paragraph (1) of that Article is to be returned.
(Returning a Pocketbook) Article 10 Any person who has received a pocketbook must return it to the chief of the public employment security office having jurisdiction promptly upon the expiration of the period provided for in Article 8, paragraphs (1) or (3), when a pocketbook becomes invalid due to expiration of the period, or by the deadline provided for in paragraph (2) of the preceding Article, when the pocketbook becomes invalid pursuant to the provisions of Article 24, paragraph (1) of the Act.
(Reissuance of a Pocketbook) Article 11 (1) A person who has lost or damaged a pocketbook may apply to the chief of the public employment security office having jurisdiction for the reissuance of a pocketbook pursuant to the procedures and form specified by the Director-General of the Employment Security Bureau. (2) When a person who has received reissuance of a pocketbook due to its loss finds it, that person must promptly return it to the chief of the public employment security office having jurisdiction.
(Register of Recipients of a Job Application Pocketbook for Middle-Aged and Elderly Unemployed Persons) Article 12 The chief of the public employment security office having jurisdiction is to keep a register for each person who has received a job application pocketbook for middle-aged and elderly unemployed persons, and other persons, etc., and record in the register the issuance and expiration of the pocketbook and any other necessary matters concerning that person.
Article 13 Deleted
(Instructions by the Chief of the Public Employment Security Office) Article 14 (1) The instructions provided for in Article 26, paragraph (1) of the Act are to be given at the same time as the issuance of a pocketbook, and the instructions provided for in paragraph (2) of that Article are to be given at the same time as the extension of the validity period of that pocketbook. (2) The instructions referred to in Article 26, paragraphs (1) and (2) of the Act are to be given by entering the matters listed in the following items in the pocketbook: (i) the types of employment promotion measures to be received and their order; (ii) the period during which the employment promotion measures are to be received, and their start and end dates; (iii) if a person is instructed to receive the measures stated in Article 25, paragraph (1), item (i) of the Act, the days on which that person is to appear regularly at the public employment security office having jurisdiction; (iv) if a person is instructed to receive the measures (referred to below in this item as "training") stated in Article 25, paragraph (1), items (ii) or (iii) of the Act, the type of work and the facility for the training; (v) any other matters necessary in relation to receiving the employment promotion measures, as specified by the Director-General of the Employment Security Bureau. (3) When the chief of the public employment security office having jurisdiction issues instructions as provided for in Article 26, paragraph (1) or (2) of the Act, the chief must consult in advance with the head of a public vocational training facility, and any other relevant entities implementing the employment promotion measures, concerning those instructions. (4) When the chief of the public employment security office having jurisdiction issues the instructions provided for in Article 26, paragraph (1) or (2) of the Act, the chief must promptly notify the entities implementing the employment promotion measures regarding those instructions.
(Plan Referred to in Article 31 of the Act) Article 15 The matters to be specified in the plan provided for in Article 31 of the Act are as follows: (i) a basic policy for promoting the employment of middle-aged and elderly unemployed persons, etc. in accordance with Article 2, paragraph (2) of the Act; (ii) matters concerning vocational guidance, job placement, and vocational training; (iii) matters concerning the setting of the absorption ratio of unemployed persons under the public works projects referred to in Article 32, paragraph (1) of the Act (referred to below as "public works projects"); (iv) matters concerning the implementation of specified regional development employment projects; (v) matters concerning the coordination of the implementation of public works projects and specified regional development employment projects; (vi) matters concerning coordination and cooperation with local governments and other relevant entities.
(Approval for Direct Employment of Workers in Public Works Projects) Article 16 To obtain approval from a public employment security office under the provisions of Article 32, paragraph (3) of the Act, a project operator of a public works project referred to in paragraph (2) of that Article (referred to below as a "project operator of a public works project") is to submit a written application in the form specified by the Director-General of the Employment Security Bureau to the public employment security office having jurisdiction over the area where the main project is implemented.
(Notice of the Number of Workers Employed in a Public Works Project) Article 17 A project operator of a public works project is to, before the commencement of the project (or, if it is necessary to urgently commence the project or if there are other unavoidable grounds, promptly after the commencement), notify the public employment security office having jurisdiction over the area where the main project is to be implemented of the number of workers to be employed in the project, classified by the job type. In such cases, the chief of the public employment security office may, when it considers it necessary, request the project operator to submit documents proving the names, addresses, and dates of birth of the workers it employs, as well as other documents certifying that such workers are employed.
Chapter IV Deleted
Articles 18 to 23 Deleted
Chapter V Silver Human Resources Centers
Section 1 Silver Human Resources Centers
(Criteria Specified by Order of the Ministry of Health, Labour and Welfare Under Article 37, Paragraph (1) of the Act) Article 24 The criteria specified by Order of the Ministry of Health, Labour and Welfare under Article 37, paragraph (1) of the Act are applied when a prefectural governor intends to designate two or more municipal areas, if those municipal areas satisfy the following requirements: (i) that two or more municipal areas are close to each other, and there are a considerable number of mandatorily retired persons and other elderly retirees in those areas; (ii) when the operations provided for in Article 38, paragraph (1) of the Act are carried out in two or more municipal areas, in light of the situation, etc. regarding employment opportunities for temporary and short-term work and other light work, those operations are expected to be carried out more efficiently than when the operations are carried out in a single municipal area.
(Application for Designation) Article 24-2 (1) A person seeking designation under the provisions of Article 37, paragraph (1) of the Act must submit a written application to the prefectural governor containing the following information: (i) name and address; (ii) name of the representative; (iii) location of the place of business; (2) The following documents must be attached to the written application referred to in the preceding paragraph: (i) articles of incorporation and a certificate of registered matters; (ii) the total amount of assets, their types, and documents certifying them; (iii) a basic plan for the operations provided for in Article 38, paragraph (1) of the Act; (iv) a document containing the names and brief biographies of officers;
(Notification of Change of Name) Article 24-3 A silver human resources center (referred to below as "silver human resources center") referred to in Article 37, paragraph (2) of the Act that intends to submit a notification under the provisions of paragraph (4) of that Article must submit a document to the prefectural governor containing the following information: (i) name, address or location of the place of business after the change; (ii) proposed date of the change; (iii) reason for the change.
(Notification of a Fee-based Employment Placement Service) Article 24-4 (1) A silver human resources center intending to provide a fee-based employment placement service pursuant to the provisions of Article 38, paragraph (2) of the Act must notify the director of the prefectural labor bureau having jurisdiction over the location of its principal place of business (referred to below as "director of the prefectural labor bureau having jurisdiction"). (2) In making the notification provided for in the preceding paragraph, the notifier must attach provisions concerning the provision of the fee-based employment placement service. (3) When the director of the prefectural labor bureau having jurisdiction accepts the notification provided for in paragraph (1), the director must notify the notifier of the date of acceptance. (4) The procedures and forms for the notification referred to in paragraph (1) are to be specified by the Director-General of the Employment Security Bureau. (5) If a silver human resources center providing a fee-based employment placement service discontinues all or part of that service after having submitted a notification pursuant to the provisions of Article 38, paragraph (2) of the Act, it must notify the director of the prefectural labor bureau having jurisdiction in writing of the discontinuation within 10 days from the date of discontinuation. (6) The provisions of the Enforcement Regulations of the Employment Security Act (Order of the Ministry of Labour No. 12 of 1947) that apply to public employment security offices are applied mutatis mutandis, as specified by the Director-General of the Employment Security Bureau, to fee-based employment placement services conducted by silver human resources centers.
(Submission of Reports) Article 24-5 (1) A silver human resources center that provides a fee-based employment placement service, after filing a notification pursuant to the provisions of Article 38, paragraph (2) of the Act, must keep books and records in accordance with the procedures and forms specified by the Director-General of the Employment Security Bureau, prepare reports, and submit them to the Director-General of the Employment Security Bureau via the director of the prefectural labor bureau having jurisdiction. (2) When the director of the prefectural labor bureau having jurisdiction receives the reports referred to in the preceding paragraph, the director must promptly forward them to the Director-General of the Employment Security Bureau.
(Matters Specified by Order of the Ministry of Health, Labour and Welfare Under Article 32-4, Paragraph (2) of the Employment Security Act, as Applied by Deemed Replacement of Terms Pursuant to Article 38, Paragraph (3) of the Act) Article 24-6 The matters specified by Order of the Ministry of Health, Labour and Welfare under Article 32-4, paragraph (2) of the Employment Security Act, as applied by deemed replacement of terms pursuant to Article 38, paragraph (3) of the Act are as follows: (i) name, and name of the representative; (ii) name and address of the place of business.
(Notification of Worker Dispatching Services) Article 24-7 A silver human resources center intending to carry out worker dispatching services pursuant to the provisions of Article 38, paragraph (5) of the Act must notify the director of the prefectural labor bureau having jurisdiction.
(Matters Specified by Order of the Ministry of Health, Labour and Welfare Under Article 8, Paragraph (2) of the Worker Dispatching Act as Applied by Deemed Replacement of Terms Pursuant to Article 38, Paragraph (6) of the Act) Article 24-8 The matters specified by Order of the Ministry of Health, Labour and Welfare under Article 8, paragraph (2) of the Act on Securing the Proper Operation of Temporary Labor Services and Protecting Temporary Workers (Act No. 88 of 1985; referred to below as the "Worker Dispatching Act"), as applied by deemed replacement of terms pursuant to the provisions of Article 38, paragraph (6) of the Act, are as follows: (i) name, and name of the representative; (ii) name and address of the place of business.
(Special Provisions of the Enforcement Regulations of the Worker Dispatching Act) Article 24-9 (1) Notwithstanding the provisions of Article 1-2, paragraph (1) of the Enforcement Regulations of the Act on Ensuring the Proper Operation of Worker Dispatching Services and Protecting Dispatched Workers (Order of the Ministry of Labour No. 20 of 1986; referred to below as the "Enforcement Regulations of the Worker Dispatching Act"), the written notice referred to in Article 5, paragraph (2) of the Worker Dispatching Act, as applied by deemed replacement of terms pursuant to Article 38, paragraph (6) of the Act, is to be submitted using the form specified by the Director-General of the Employment Security Bureau. (2) Notwithstanding the provisions of Article 1-2, paragraph (3) of the Enforcement Regulations of the Worker Dispatching Act, the business plan that a silver human resources center is to attach pursuant to the provisions of Article 5, paragraph (3) of the Worker Dispatching Act is to be submitted using the form specified by the Director-General of the Employment Security Bureau. (3) Notwithstanding the provisions of Article 8, paragraph (1) of the Enforcement Regulations of the Worker Dispatching Act, a silver human resources center intending to submit a notification under the provisions of Article 11, paragraph (1) of the Worker Dispatching Act must submit a written notice to the director of the prefectural labor bureau having jurisdiction, using the form specified by the Director-General of the Employment Security Bureau, within 30 days from the day following the day on which the relevant change occurred in the case of a notification concerning changes listed in Article 5, paragraph (2), item (iv) of the Worker Dispatching Act, and within 10 days from the day following the day on which the relevant change occurred in the case of a notification concerning changes other than those listed in that item (30 days if a certificate of registered matters is to be attached pursuant to the provisions of Article 8, paragraph (3) of the Enforcement Regulations of the Worker Dispatching Act). (4) Notwithstanding the provisions of Article 10 of the Enforcement Regulations of the Worker Dispatching Act, a silver human resources center intending to submit a notification under the provisions of Article 13, paragraph (1) of the Worker Dispatching Act must submit a written notice to the director of the prefectural labor bureau having jurisdiction, using the form specified by the Director-General of the Employment Security Bureau, within 10 days from the day following the day on which the worker dispatching service was discontinued. (5) Notwithstanding the provisions of Article 17, paragraph (2) and Article 17-2 of the Enforcement Regulations of the Worker Dispatching Act, the submission of the operating report and statement of accounts by a silver human resources center under the provisions of Article 23, paragraph (1) of the Worker Dispatching Act, as applied by deemed application pursuant to the provisions of Article 38, paragraph (6) of the Act, and the submission of the report on the ratio of dispatched workers to the relevant client workplaces under the provisions of Article 23, paragraph (3) of the Worker Dispatching Act, as applied by deemed application pursuant to the provisions of Article 38, paragraph (6) of the Act, are to be submitted using the form specified by the Director-General of the Employment Security Bureau. (6) For the application of the provisions of the Enforcement Regulations of the Worker Dispatching Act listed in the left column of the table below, as they relate to worker dispatching services under the provisions of Article 38, paragraph (5) of the Act, the terms listed in the middle column of the table appearing in those provisions are to be replaced with the corresponding terms listed in the right column of the table, and the provisions of Article 1-2, paragraph (2), item (i), (g) and (j) through (l) and Article 4 of the Enforcement Regulations of the Worker Dispatching Act do not apply. Article 1-2, paragraph (2), item (i), (h) documents certifying the contents of assets concerning the general worker dispatching undertaking and the certificate of registered matters for the building, and other documents certifying the contents of theose assets concerning the place of business that engages in Article 8, paragraph (2) the written notification of changes in a temporary labor services referred to in the preceding paragraph the written notice in the form specified by the Director-General of the Employment Security Bureau under Article 24-9, paragraph (3) of the Enforcement Regulations of the Act on Employment Security of Elderly Persons and (h) through (l) , (h), and (i) Article 8, paragraph (3) the written notice of changes in a worker dispatching service or the written notice of changes in a worker dispatching service and the written application for the rewriting of the license certificate referred to in paragraph (1) the written notice in the form specified by the Director-General of the Employment Security Bureau under Article 24-9, paragraph (3) of the Enforcement Regulations of the Act on Employment Security of Elderly Persons must be attached (in the case of a notification of a change relating to the abolition of a place of business, the license certificate for the place of business so abolished) must be attached
(Criteria Specified by Order of the Ministry of Health, Labour and Welfare Under Article 39, Paragraph (1) of the Act) Article 24-10 The criteria specified by Order of the Ministry of Health, Labour and Welfare under Article 39, paragraph (1) of the Act are as follows: (i) it is recognized that the designation will not unduly harm the interests of business operators who provide a fee-based employment placement service or a worker dispatching service in the business type and job category to be designated, or of business operators providing similar services within the municipal area to which the designation applies; (ii) it is recognized that the designation will not have a significant effect on employment opportunities or working conditions of workers in the municipal area to which the designation applies.
(Submission of Business Plans) Article 25 (1) A business plan and a budget for income and expenditure provided for in the first sentence of Article 41, paragraph (1) of the Act must be submitted before the start of each business year (or, in the business year in which designation is received, without delay after the date of designation). (2) When a silver human resources center changes a business plan or a budget for income and expenditure pursuant to the provisions of the second sentence of Article 41, paragraph (1) of the Act, it must, without delay, submit to the prefectural governor a document stating the changes made and the reasons for those changes. (3) An operating report and a statement of accounts provided for in Article 41, paragraph (2) of the Act must be submitted within three months after the end of each business year.
Section 2 Silver Human Resources Center Association
(Criteria Specified by Order of the Ministry of Health, Labour and Welfare Under Article 44, Paragraph (1) of the Act) Article 26 The criteria specified by Order of the Ministry of Health, Labour and Welfare under Article 44, paragraph (1) of the Act are that a municipal area to be designated by the prefectural governor as the area subject to the designation provided for in Article 44, paragraph (1) of the Act concerning a silver human resources center association (referred to below as the "silver human resources center association") provided for in Article 37, paragraph (1) of the Act (referred to as the "area subject to the association's designation" in paragraph (1), item (iv) of the following Article) satisfies the following requirements: (i) the municipal area is in proximity to the area subject to the designation provided for in Article 37, paragraph (1) of the Act concerning a silver human resources center that is a member of a person seeking designation under the provisions of Article 44, paragraph (1) of the Act, or there is a significant number of persons who have retired at the mandatory retirement age and other elderly retirees in the municipal area or in two or more neighboring municipal areas; (ii) when the operations provided for in Article 38, paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act, are carried out by a silver human resources center association in the municipal area, in light of the situation, etc. regarding employment opportunities for temporary and short-term work and other light work, those operations are expected to be carried out more efficiently than when the operations provided for in Article 38, paragraph (1) of the Act are carried out by a silver human resources center in that municipal area.
(Application for Designation) Article 27 (1) Any person seeking designation under the provisions of Article 44, paragraph (1) of the Act must submit a written application to the prefectural governor containing the following information: (i) name and address; (ii) name of the representative; (iii) location of the place of business; (iv) areas for which designation as part of the association requested. (2) The following documents must be attached to the written application referred to in the preceding paragraph: (i) articles of incorporation and a certificate of registered matters; (ii) the total amount and types of assets, and documents certifying them; (iii) a basic plan for the operations provided for in Article 38, paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act; (iv) a document containing the names and brief biographies of officers; (v) a document containing the names and addresses of the silver human resources centers that are members.
(Notification of the Addition of Members of the Silver Human Resources Center Association) Article 28 When a silver human resources center association intends to submit a notification under the provisions of Article 44, paragraph (2) of the Act, it must submit a document to the prefectural governor containing the names and addresses of the silver human resources centers that have become a member.
(Request for a Change of the Designated Area of the Silver Human Resources Center Association) Article 29 When the silver human resources center association intends to make a request under the provisions of Article 44, paragraph (4) of the Act, it must submit a written request to the prefectural governor identifying the areas to be included in the association's designated areas after the change, as provided for in the proviso to Article 37, paragraph (1) of the Act, and attach the documents provided for in Article 27, paragraph (2), item (iii) concerning the association's designated areas after the change.
(Special Provisions of the Enforcement Regulations of the Worker Dispatching Act) Article 29-2 For the application of the provisions of Article 29, item (i) of the Enforcement Regulations of the Worker Dispatching Act to a worker dispatching service under the provisions of Article 38, paragraph (5) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act, the phrase "appoint from among the workers employed by the business" in that item is to be read as "appoint".
(Mutatis Mutandis Application) Article 30 The provisions of Articles 24-3 to 25 apply mutatis mutandis to the silver human resources center association. In such cases: "Article 37, paragraph (4) of the Act" in Article 24-3 is to be read as "Article 37, paragraph (4) of the act, as applied mutatis mutandis pursuant to Article 45 of the Act"; "Article 38, paragraph (2) of the Act" in Article 24-4, paragraphs (1) and (5) and Article 24-5, paragraph (1), is to be read as "Article 38, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act"; "Article 38, paragraph (5) of the Act" in Article 24-7 and Article 24-9, paragraph (6), is to be read as "Article 38, paragraph (5) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act"; "Article 38, paragraph (6) of the Act" in Article 24-8 and Article 24-9, paragraph (1), is to be read as "Article 38, paragraph (6) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act"; "Article 24-9, paragraph (3)" in the rows of Article 8, paragraphs (2) and (3) in the table of Article 24-9, paragraph (6), is to be read as "Article 24-9, paragraph (3) of that Order, as applied mutatis mutandis pursuant to Article 30"; "Article 39, paragraph (1) of the Act" in Article 24-10 is to be read as "Article 39, paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act"; "the first sentence of Article 41, paragraph (1) of the Act" in Article 25, paragraph (1), is to be read as "the first sentence of Article 41, paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act"; "the second sentence of Article 41, paragraph (1) of the Act" in Article 25, paragraph (2), is to be read as "the second sentence of Article 41, paragraph (1) of the act, as applied mutatis pursuant to Article 45 of the Act"; and "Article 41, paragraph (2) of the Act" in Article 25, paragraph (3), is to be read as "Article 41, paragraph (2) of the Act, as applied mutatis mutandis pursuant to Article 45 of the Act".
Section 3 National Silver Human Resources Center Association
(Criteria for Designation) Article 31 The criteria for designation under the provisions of Article 46 of the Act are as follows: (i) the plan for the implementation of operations with respect to personnel, operational procedures, and other matters is appropriate, and the person is recognized as having a sufficient financial and technical basis to carry out that plan; (ii) in addition to what is provided for in the preceding item, the operations are recognized as being carrying out in a proper and reliable manner and as contributing to the improved welfare of elderly persons.
Article 31-2 The provisions of Article 24-2 apply mutatis mutandis to persons wishing to receive a designation under the provisions of Article 46 of the Act, and the provisions of Article 24-3 and Article 25 are to apply mutatis mutandis to the National Silver Human Resources Center Association provided for in Article 47 of the Act. In this case, "Article 37, paragraph (1) of the Act" in Article 24-2, paragraph (1) is to be read as "Article 46 of the Act"; "the prefectural governor" is to be read as "the Minister of Health, Labour and Welfare"; "Article 38, paragraph (1) of the Act" in paragraph (2), item (iii) of that Article is to be read as "Article 47 of the Act"; "Article 37, paragraph (4) of the Act" in Article 24-3 is to be read as "Article 37, paragraph (4) of the Act as applied mutatis mutandis pursuant to Article 48 of the Act"; "the prefectural governor" is to be read as "the Minister of Health, Labour and Welfare"; "the first sentence of Article 41, paragraph (1) of the Act" in Article 25, paragraph (1) is to be read as "the first sentence of Article 41, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 48 of the Act"; "the second sentence of Article 41, paragraph (1) of the Act" in paragraph (2) of the Article is to be read as "the second sentence of Article 41, paragraph (1) of the Act as applied mutatis mutandis pursuant to Article 48 of the Act"; "the prefectural governor" is to be read as "the Minister of Health, Labour and Welfare"; and "Article 41, paragraph (2) of the Act" in paragraph (3) of that Article is to be read as "Article 41, paragraph (2) of the Act as applied mutatis mutandis pursuant to Article 48 of the Act."
Chapter VI Support from the National Government
(Persons Specified by Order of the Ministry of Health, Labour and Welfare Under Article 49, Paragraph (1) of the Act) Article 32 Persons specified by Order of the Ministry of Health, Labour and Welfare under Article 49, paragraph (1) of the Act, in cases where the Japan Organization for Employment of the Elderly, Persons with Disabilities and Job Seekers, as provided for in paragraph (2) of that Article, carries out the operations listed in each item of paragraph (1) of that Article, are middle-aged and elderly unemployed persons, etc. as provided for in Article 2, paragraph (2), item (ii) of the Act who are under 55 years of age.
Chapter VII Miscellaneous Provisions
(Reporting on the Employment Conditions of Elderly Persons) Article 33 (1) Every year, an employer must report to the Minister of Health, Labour and Welfare, via the chief of the public employment security office having jurisdiction over the location of its principal place of business (referred to below as the "public employment security office having jurisdiction" in paragraph (2) of the following Article), on the status of the mandatory retirement age, the continuous employment system, the continuous employment system for persons aged 65 or older, measures for start-up support and other assistance, and other matters concerning the securing of employment opportunities for elderly persons. The report must be submitted using the report on the employment conditions of elderly persons (Form No. 2) as of June 1, by the 15th day of the following month. (2) When the Minister of Health, Labour and Welfare requests an employer to report on necessary matters concerning the conditions provided for in Article 52, paragraph (1) of the Act, pursuant to the provisions of paragraph (2) of that Article, the Minister is to notify the employer in writing of the matters to be reported.
(Delegation of Authority) Article 34 (1) Pursuant to the provisions of Article 54, paragraph (1) of the Act, the following authorities of the Minister of Health, Labour and Welfare are delegated to the director of the prefectural labor bureau; provided, however, that this does not prevent the Minister from personally exercising the authorities listed in items (i) through (iv) and item (viii): (i) the authority of the Minister of Health, Labour and Welfare provided for in Article 10 of the Act; (ii) the authority of the Minister of Health, Labour and Welfare provided for in Article 10-3, paragraphs (1), (2), and (4) of the Act; (iii) the authority of the Minister of Health, Labour and Welfare provided for in Article 18 of the Act; (iv) the authority of the Minister of Health, Labour and Welfare provided for in Article 20, paragraph (2) of the Act. (v) the authority of the Minister of Health, Labour and Welfare provided for in Article 38, paragraph (2) of the Act (including cases applied mutatis mutandis pursuant to Article 45 of the Act); (vi) the authority of the Minister of Health, Labour and Welfare provided for in Article 38, paragraph (5) of the Act (including cases applied mutatis mutandis pursuant to Article 45 of the Act); (vii) the authority of the Minister of Health, Labour and Welfare provided for in Article 5, paragraph (2) of the Worker Dispatching Act, as applied by deemed replacement of terms pursuant to Article 38, paragraph (6) of the Act, as well as in Article 11, paragraph (1), Article 13, paragraph (1), and Article 23, paragraph (1) of the Worker Dispatching Act, as applied pursuant to Article 38, paragraph (6) of the Act; (viii) the authority of the Minister of Health, Labour and Welfare provided for in Article 52, paragraph (2) of the Act. (2) The authority listed in items (i) through (iv) and item (viii) of the preceding paragraph is delegated to the chief of the public employment security office having jurisdiction, pursuant to the provisions of Article 54, paragraph (2) of the Act; provided, however, that this does not prevent the director of the prefectural labor bureau from personally exercising such authority.
Supplementary Provisions (Effective Date) (1) This Ministerial Order comes into effect on the date the Act is enforced (October 1, 1971). (Transitional Measures for the Application of the Provisions of Article 7) (2) Persons who have obtained the certification referred to in Article 27, paragraph (1) of the Employment Security Act before amendment by the Act (referred to below as the "Former Employment Security Act") at the time of the enforcement of this Ministerial Order (limited to those who have received the instructions referred to in that paragraph, and excluding those who have been issued a pocketbook pursuant to the provisions of Article 22 of the Act), and persons who have obtained that certification before the date of enforcement of this Ministerial Order, are deemed to have received a pocketbook for the purposes of the application of the provisions of Article 7, paragraph (2), item (iii). In such cases, the date on which the certification concerning those persons ceased to be effective is deemed to be the date on which the pocketbook ceased to be effective. (Transitional Measures for the Application of the Provisions of Article 8) (3) Notwithstanding the provisions of Article 8, paragraph (1), the validity period of a pocketbook issued to a person who, at the time of enforcement of this Ministerial Order, has received instructions referred to in Article 27, paragraph (1) of the Former Employment Security Act and falls under the provisions of Article 22 of the Act, is the period from the date of issuance of the pocketbook until the completion of the employment promotion measures referred to in Article 26, paragraph (1) of the Former Employment Security Act regarding the instructions; provided, however, that if the period of those employment promotion measures is less than six months, the validity period of the pocketbook is the period from the date of issuance until the day on which six months have elapsed from the start of the measures. (Extension of the Validity Period of Pocketbooks for Persons Leaving Employment at Approved Small and Medium-Sized Enterprises) (4) Notwithstanding the provisions of Article 8, paragraphs (2) and (3), the extension of the validity period of a pocketbook under the provisions of Article 23, paragraph (2) of the Act for a person who has left employment at an approved small or medium-sized enterprise (meaning a person who was engaged in a business operated by a small or medium-sized enterprise prescribed in Article 4 of the Act on Temporary Measures for Small and Medium-Sized Enterprises in Line with the Implementation of International Economic Adjustment Measures (Act No. 124 of 1971) and who left that business on or after February 14, 1973; or a person who was engaged in a business operated by a small or medium-sized enterprise that received the approval referred to in Article 3, paragraph (1) of that Act before its amendment by the Act Partially Amending the Act on Temporary Measures for Small and Medium-sized Enterprises in Line with the Implementation of International Economic Adjustment Measures (Act No. 47 of 1973), and who left that business on or after the date of enforcement of that Act), and who filed an application for issuance of a pocketbook as referred to in Article 22 of the Act by the day on which five years have elapsed from the date of enforcement of that Act, is six months for a person residing outside a specified area and one year for a person residing in a specified area, calculated from the day following the last day of the period referred to in paragraph (1) of that Article. (Employment of Middle-Aged and Elderly Persons Associated with Business Offices of the National Government, etc.) (5) The employment of middle-aged and elderly persons by the national government, local government, and corporations listed in the items of paragraph (2) of the Supplementary Provisions of the Enforcement Order of the Act on Employment Security of Elderly Persons (Cabinet Order No. 252 of 1976) is to be governed by the provisions of Article 4, Article 5, and Appended Table 1 of the Enforcement Regulations of the Act on Special Measures Concerning the Promotion of the Employment of Middle-Aged and Elderly Workers before amendment by the Ministerial Order for Partial Amendment of the Enforcement Regulations of the Act on Special Measures Concerning the Promotion of the Employment of Middle-Aged and Elderly Workers (Order of the Ministry of Labour No. 37 of 1976). (6) When applying the provisions of Article 25, paragraph (3) to the submission of an operating report and a statement of accounts under Article 41, paragraph (2) of the Act for the business year 2019, the phrase "within three months after the end of each business year" in that paragraph is to be read as "by the last day of August, 2020". (7) In the business year 2020, in applying the provisions of Article 33, paragraph (1) to the reporting of the mandatory retirement age, the status of the continuous employment system, and other matters concerning the employment of elderly persons under the provisions of Article 52, paragraph (1) of the Act, the phrase "by the 15th day of the following month" in that paragraph is to be read as "by the last day of August, 2020". Supplementary Provisions (1) This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions This Ministerial Order comes into effect on September 1, 1973. Supplementary Provisions This Ministerial Order comes into effect on the date the Employment Insurance Act comes into effect (April 1, 1975). Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date the Act Partially Amending the Act on the Promotion of the Employment of Disabled Persons and the Act on Special Measures Concerning the Promotion of the Employment of Middle-Aged and Elderly Persons (Act No. 36 of 1976) comes into effect (October 1, 1976).
Supplementary Provisions (1) This Ministerial Order comes into effect on January 2, 1978. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on January 2, 1978.
Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date the Act comes into effect (July 1, 1983).
Supplementary Provisions This Ministerial Order comes into effect on April 1, 1985. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on October 1, 1986.
(Special Provisions on the Amount of the Subsidy for Securing Employment of Elderly Persons Due to Grounds Arising Before December 31, 1985) Article 2 Notwithstanding the provisions of Article 19-3, paragraph (2) of the Enforcement Regulations of the Act on Employment Security of Elderly Persons, for the amount of the subsidy for securing employment of elderly persons payable due to the first occurrence of the insured person under Article 105 of the Regulation for Enforcement of the Employment Insurance Act on or before December 31, 1985, the amounts specified in Article 19-3, paragraph (2) of the Enforcement Regulations of the Act on Employment Security of Elderly Persons are replaced such that "450,000 yen" is read as "300,000 yen", "600,000 yen" is read as "400,000 yen", "225,000 yen" is read as "150,000 yen", and "300,000 yen" is read as "200,000 yen".
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions (Effective Date) (1) This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 1988.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation and applies from April 1, 1988.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on July 1, 1988.
Supplementary Provisions (1) This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on October 1, 1989.
(Transitional Measures for the Partial Amendment of the Regulation for Enforcement of the Employment Insurance Act) Article 4 For the payment of the subsidy for securing the employment of elderly persons prescribed in the Regulations for Enforcement of the Employment Insurance Act before the amendment (referred to below as the "Former Regulations") to an employer that implemented the employment extension system prescribed in Article 105 of those Regulations (limited to the system for part-time workers prescribed in that Article) before the effective date, prior laws and regulations continue to govern until December 31, 1993.
(Transitional Measures for the Partial Amendment of the Enforcement Regulations of the Act on Employment Security of Elderly Persons ) Article 6 The provisions of Article 19-2 and Article 19-3 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons before amendment remain in force regarding the payment of the subsidy for securing the employment of elderly persons referred to in Article 105 of the Former Regulations, which are to continue to be applied in accordance with prior laws and regulations pursuant to the provisions of Article 4, paragraph (1) of the Supplementary Provisions. In such cases, the phrases "Article 105 of the Regulations" and "Article 105 of the Enforcement Regulations of the Employment Insurance Act" in Article 19-2 and Article 19-3 of those Regulations are to be read as "Article 105 of the Enforcement Regulations of the Employment Insurance Act before amendment by the provisions of Article 1 of the Ministerial Order Partially Amending the Enforcement Regulations of the Employment Insurance Act (Order of the Ministry of 1989.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of its promulgation. The provisions of Article 19-3 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons, as amended by the provisions of Article 1, and the provisions of Article 106 of the Enforcement Regulations of the Employment Insurance Act, as amended by the provisions of Article 2 (referred to below as the "New Regulations"), apply from January 1, 1990.
Supplementary Provisions This Ministerial Order comes into effect on the date the Act Partially Amending the Act on Employment Security of Elderly Persons comes into effect (October 1, 1990). Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 1993.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions (1) This Ministerial Order comes into effect on the date of promulgation. (2) Prior laws and regulations continue to apply to the payment of the special incentive for employing a large number of elderly persons, as referred to in Article 24, paragraph (2) of the Act on Employment Security of Elderly Persons (Order of the Ministry of Labour No. 3 of 1975), to an employer who, pursuant to Article 106, paragraph (3), item (i), (a) of the Enforcement Regulations of the Employment Insurance Act, submitted a workplace improvement plan for elderly persons to the Central Employment Stabilization Center for Elderly Persons before the date of enforcement of this Ministerial Order. Supplementary Provisions This Ministerial Order comes into effect on July 1, 1994. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation. The provisions of Article 106 of the Enforcement Regulations of the Employment Insurance Act, as amended by the provisions of Article 1 (referred to below as the "New Regulations"), and the provisions of Article 19-3 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons, as amended by the provisions of Article 2, apply from January 1, 1994.
Supplementary Provisions This Ministerial Order comes into effect on the date the Administrative Procedure Act (Act No. 88 of 1993) comes into effect (October 1, 1994). Supplementary Provisions This Ministerial Order comes into effect on the date part of the Act Partially Amending the Act on Employment Security of Elderly Persons (Act No. 34 of 1994) comes into effect (November 1, 1994). Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 1995.
Supplementary Provisions This Ministerial Order comes into effect on April 1, 1995; provided, however, that the provisions amending the Table of Contents (limited to the part amending "Article 5" to "Article 4-2") and the provisions adding an Article before Article 5 in Chapter II come into effect on April 1, 1998. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 1996.
(Transitional Measures for the Partial Amendment of the Enforcement Regulations of the Act on Employment Security of Elderly Persons) Article 3 Until otherwise provided for by law, the written application for a license for a general worker dispatching service referred to in Article 1, paragraph (1) of the New Regulations, as applied by deemed replacement of terms pursuant to the provisions of Article 6-11 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons after the amendment, the written application for reissuance of a license certificate referred to in Article 3 of the New Regulations, the written application for renewal of the validity period of a license for a general worker dispatching service referred to in Article 5, paragraph (1) of the New Regulations, the written notice of changes in a general worker dispatching service and the written application for rewriting a license certificate referred to in Article 8, paragraph (1) of the New Regulations, the written notice of a specified worker dispatching service referred to in Article 11, paragraph (1) of the New Regulations, and the written notice of changes in a specified worker dispatching service referred to in Article 14, paragraph (1) of the New Regulations may be prepared using the corresponding forms under the Enforcement Regulations of the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers, as applied by deemed replacement of terms pursuant to Article 6-11 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons before the amendment.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 1996.
(Transitional Measures for the Partial Amendment of the Enforcement Regulations of the Act on Employment Security of Elderly Persons) Article 2 The provisions of Article 2, paragraph (2) of the Enforcement Regulations of the Act on Employment Security of Elderly Persons before amendment by the provisions of Article 1 remain in force regarding any person listed in the items of Article 1 of the Act on Urgent Aftercare for Discharged Persons (Act No. 203 of 1950) before its repeal under the provisions of Article 1 of the Act on Enforcement of the Offenders Rehabilitation Services Act and the Accompanying Improvement of Related Laws (referred to as a "subject person" in the following Article), for whom the Director of a Probation Office has communicated with the chief of a public employment security office regarding employment placement before the date on which this Ministerial Order comes into effect (referred to as the "effective date" in the following Article).
Supplementary Provisions This Ministerial Order comes into effect on the date the Act Partially Amending the Act on Employment Security of Elderly Persons (Act No. 37 of 1996) comes into effect (October 1, 1996). Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on December 16, 1996.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
(Transitional Measures for the Partial Amendment of the Enforcement Regulations of the Act on Employment Security of Elderly Persons) Article 3 The provisions of Articles 19-2, 19-3, and 49 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons before amendment remain in force regarding the payment of the incentive for the employment of a large number of elderly persons referred to in Article 106 of the Former Regulations, which continues to be governed by prior laws and regulations pursuant to the provisions of Article 2 of the Supplementary Provisions of the New Regulations.
Supplementary Provisions This Ministerial Order comes into effect on the date the provisions stated in Article 1, item (iv) of the Supplementary Provisions of the Act Partially Amending the Act on Employment Security of Elderly Persons come into effect (April 1, 1998). Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 1999.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation; provided, however, that the provisions of Articles 3 to 8 of the Supplementary Provisions come into effect on the date the Act partially comes into effect (October 1, 1999).
Supplementary Provisions (1) This Ministerial Order comes into effect on December 1, 1999. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 2000.
(Transitional Measures Concerning Dispositions and Applications) Article 2 When applying the respective amended Acts, or the Orders of the Ministry of Labour based on these Acts, after the date of enforcement of the Act on the Improvement of Related Laws for Promoting Decentralization (referred to below as the "Decentralization Promotion Act"), dispositions such as permissions and other acts (referred to below as "dispositions and other acts") made by the director of the prefectural labor standards bureau or a prefectural governor pursuant to the provisions of the respective Acts or Cabinet Orders before amendment (including provisions of other Acts or Orders applied mutatis mutandis; the same applies below), or applications for permissions and other acts (referred to below as "applications and other acts") that have already been submitted to the director of the prefectural labor standards bureau or a prefectural governor pursuant to the provisions of the respective Acts or Cabinet Orders before amendment at the time of enforcement of the Decentralization Promotion Act, for which the administrative affairs are to be conducted by the director of the prefectural labor bureau pursuant to the amended provisions of the respective Acts or related Orders.
Article 3 For the purpose of applying the respective Ministerial Orders after amendment on and after the date this Ministerial Order comes into effect, any disposition or other act made pursuant to the respective Ministerial Orders before amendment before this Ministerial Order comes into effect, or any application or other act made pursuant to the respective Ministerial Orders that is pending at the time this Ministerial Order comes into effect, for which the person responsible for the relevant administrative affairs changes on that date, is considered to have been made pursuant to the corresponding provisions of the respective Ministerial Orders after amendment.
Article 4 If, before the enforcement of this Ministerial Order, a report, notification, submission, or other procedure was required pursuant to the provisions of the respective Ministerial Orders before amendment, and the procedure has not yet been carried out by the date of enforcement, then, for the purposes of applying the amended provisions of the respective Ministerial Orders, the procedure is deemed not to have been made to the corresponding entity or personnel of the State or local government.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 2000.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on October 1, 2000.
(Transitional Measures) Article 2 Prior laws and regulations continue to apply to the preparation and submission of a re-employment support plan by an employer who received a request for its preparation before the date of enforcement of this Ministerial Order, pursuant to the provisions of Article 6-6 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons before amendment by the provisions of Article 1.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date the Act Partially Amending the Cabinet Act (Act No. 88 of 1999) comes into effect (January 6, 2001).
(Transitional Measures Concerning Forms) Article 6 A written application, etc. that has been submitted or delivered in the form specified by the respective Ministerial Orders before their amendment by this Ministerial Order at the time this Ministerial Order comes into effect is considered to be a written application, etc. in the corresponding form specified by the respective Ministerial Orders, after amendment.
Article 7 forms of a written applications, etc. prepared according to the formats specified by the respective Ministerial Orders before their amendment by this Ministerial Order that exist at the time this Ministerial Order comes into effect may continue to be used, after making any necessary revisions, until otherwise provided for by law.
Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on June 30, 2001.
(Transitional Measures) Article 2 (1) (2) The provisions of Article 7, paragraph (2) of the Regulation for Enforcement of the Act on Employment Security of Elderly Persons before amendment by the provisions of Article 5 apply only to the persons prescribed in the preceding paragraph, and only during the period in which the pocketbook issued to each of those persons remains effective or until one year has elapsed from the day on which it ceased to be effective.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on October 1, 2001.
Supplementary Provisions This Ministerial Order comes into effect on December 1, 2001. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on March 31, 2002.
(Transitional Measures) Article 2 The provisions of Chapter I-2 and Chapter II of the Regulation for Enforcement of the Act on Temporary Measures Concerning Stabilization of Employment of Coal Mine Workers before the repeal under Article 1 (referred to below as the "Former Regulations for Enforcement of the Coal Mine Workers Act") and the provisions of Chapter IV (limited to the parts concerning coal mine workers who have left employment (meaning coal mine workers who have left employment as prescribed in Article 2, paragraph (2) of the Act on Temporary Measures Concerning Stabilization of Employment of Coal Mine Workers (Act No. 199 of 1959; referred to below as the "Former Coal Mine Workers Act") before repeal under Article 2 of the Act on the Arrangement of Related Acts Incidental to Completion of the Structural Adjustment of the Coal Mining Industry (referred to below as the "Arrangement Act"); the same applies below)), the provisions of Article 1, paragraph (1), item (iii); paragraph (2); paragraph (8); and paragraphs (10) through (13), Article 2, paragraph (2), items (vi) and (viii), paragraphs (3) and (5), Article 3, paragraph (1), item (v), and Article 7, paragraphs (3) through (5) of the Regulation for Enforcement of the Employment Measures Act before amendment by Article 2; the provisions of Article 7, paragraph (2), item (iv) of the Regulation for Enforcement of the Act on Employment Security of Elderly Persons before amendment by Article 4; the provisions of Article 83, paragraph (4), item (ii), Article 102-3, paragraph (1), item (ii), (a), Article 106, paragraph (5), item (i), Article 110, paragraph (2), item (i), (a), 8., Article 119, paragraphs (12) (limited to the part concerning coal mine retirees) and (14) of the Regulation for Enforcement of the Employment Insurance Act before amendment by Article 5; and the provisions of Article 16 of the Supplementary Provisions, are to apply only to persons who fell under the provisions of Article 8, paragraph (1), Article 9, paragraph (1), or Article 9-2, paragraph (1) or (2) of the Former Coal Mine Workers Act before the enforcement date of this Ministerial Ordinance, and only for as long as the pocketbooks issued to those persons (meaning the pocketbooks prescribed in Article 8, paragraph (1) of the Former Coal Mine Workers Act) remain in effect.
Supplementary Provisions (1) This Ministerial Order comes into effect on the date the Act on Special Measures for the Promotion and Development of Okinawa comes into effect (April 1, 2002). (2) The provisions of Article 1, paragraph (1), item (iii) and Article 6, paragraph (1), item (ii) of the Regulation for Enforcement of the Employment Measures Act before the amendment by this Ministerial Order, the provisions of Article 7, paragraph (2), item (v) of the Regulation for Enforcement of the Act on Employment Security of Elderly Persons, and the provisions of Article 83, paragraph (4), item (ii) and Article 110, paragraph (2), item (i), (a), 8. of the Regulation for Enforcement of the Employment Insurance Act remain in force regarding a person who has received a job application pocketbook for Okinawan unemployed persons under Article 41, paragraph (1) of the Act on Special Measures for the Promotion and Development of Okinawa (Act No. 131 of 1971) before its expiration. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on December 16, 2002.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions This Ministerial Order comes into effect on October 1, 2003. Supplementary Provisions (1) This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on December 1, 2004.
(Transitional Measures for the Partial Amendment of the Enforcement Regulations of the Act on Employment Security of Elderly Persons) Article 2 (1) Prior laws and regulations continue to apply to the preparation and submission of a re-employment support plan by an employer who received a request for such preparation before the date on which this Ministerial Order comes into effect (referred to below as the "effective date"), pursuant to the provisions of Article 6-3 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons before amendment by the provisions of Article 1.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date the Real Property Registration Act comes into effect (March 7, 2005).
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 2005.
(Transitional Measures) Article 2 The provisions of Articles 19 to 22 of the Enforcement Regulations of the Act on Employment Security of Elderly Persons, as they exist before amendment by this Ministerial Order, remain in force after this Ministerial Order comes into effect with respect to any corporation that, at the time this Ministerial Order comes into effect, has already been designated pursuant to the provisions of Article 32, paragraph (1) of the Act on Employment Security of Elderly Persons, as it existed before amendment by the provisions of Article 2 of the Act Partially Amending the Act on Employment Security of Elderly Persons.
Supplementary Provisions This Ministerial Order comes into effect on April 1, 2006. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date the Act on General Incorporated Associations and General Incorporated Foundations comes into effect (December 1, 2008).
Supplementary Provisions This Ministerial Order comes into effect on April 1, 2009, and the provisions of Article 3, paragraph (2), item (ii) of the Enforcement Regulations of the Act on Employment Security of Elderly Persons, as amended by this Ministerial Order, apply from December 1, 2007. Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on October 1, 2011.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date the Act Partially Amending the Act for Securing the Proper Operation of Worker Dispatching Undertakings and Improved Working Conditions for Dispatched Workers is enforced (October 1, 2012).
Supplementary Provisions This Ministerial Order comes into effect on April 1, 2013. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on September 30, 2015.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 2016.
Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions (Effective Date) (1) This Ministerial Order comes into effect on the date the provisions listed in Article 1, item (i) of the Supplementary Provisions of the Act on the Arrangement of Related Acts for Promoting Work Style Reform (Act No. 71 of 2018) are enforced. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
(Transitional Measures) Article 2 (1) Documents that were used in accordance with the formats specified by the respective Ministerial Orders before amendment by this Ministerial Order (referred to as the "old format" in the following paragraph) are deemed to comply with the formats specified by the respective Ministerial Orders as amended by this Ministerial Order. (2) Forms implementing the old format may be used by modifying them to an extent considered reasonably necessary, until otherwise provided for by law.
Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on April 1, 2020.
Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions This Ministerial Order comes into effect on the date the provisions listed in Article 1, item (iv) of the Supplementary Provisions of the Act Partially Amending the Employment Insurance Act (Act No. 14 of 2020) (April 1, 2021) are enforced. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date of promulgation.
(Transitional Measures) Article 2 (1) Documents in use at the time this Ministerial Order comes into effect that follow the format before amendment by this Ministerial Order (referred to as the "old format" in the following paragraph) are considered to follow the format after amendment by this Ministerial Order. (2) Forms in the old format existing at the time this Ministerial Order comes into effect may continue to be used after making any necessary adjustments, until otherwise provided for by law.
Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions This Ministerial Order comes into effect on April 1, 2023. Supplementary Provisions This Ministerial Order comes into effect on April 1, 2022. Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions (1) This Ministerial Order comes into effect on the date the Act on Support for Women Facing Difficult Problems (referred to below as the "Act") is enforced (April 1, 2024). (2) An unemployed person under 65 years of age who was placed under probationary supervision pursuant to the provisions of Article 26, paragraph (1) of the Anti-Prostitution Act (Act No. 118 of 1956) before amendment by the Act, and for whom the director of a probation office has communicated with the chief of the public employment security office regarding employment placement before the date of enforcement of this Ministerial Order (referred to as the "date of enforcement" in the following paragraph), is deemed to be an unemployed person with particular difficulty in finding employment, as provided for in Article 3, paragraph (2) of the Enforcement Regulations of the Act on Employment Security of Elderly Persons after amendment by the provisions of Article 9 of the Act. Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions This Ministerial Order comes into effect on the date of promulgation. Supplementary Provisions
(Effective Date) Article 1 This Ministerial Order comes into effect on the date the provisions listed in Article 1, item (iv) of the Supplementary Provisions of the Act Partially Amending the Child and Child-Rearing Support Act (Act No. 47 of 2024) come into effect (April 1, 2025).
Form 1 (Re: Art. 6-2) Form 2 (Re: Art. 33)