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Law Concerning the Improvement of Employment Management, Etc. of Part-Time
Workers (Part-Time Work Law)
CHAPTER IV. PART-TIME WORK SUPPORT CENTER
Designation, Etc.
Article 13. The Minister
of Health, Labour and Welfare may designate a juridical person under Article
34 of the Civil Code (Law No. 89 of 1896) which was established for the
purpose of promoting assistance for the Improvement of Employment Management,
Etc. of Part-Time Workers and promoting their welfare, and which is deemed
to conform to the criteria listed below concerning the business stipulated
in Article 15, as an entity which is to carry out the business stipulated
in said Article, with a single such juridical person to be designated
nationwide upon application thereby:
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(1) |
plans relating to the implementation of business concerning personnel,
operating methods and other matters are deemed to be proper, and the
entity is deemed to have a sufficient financial and technical foundation
to execute the plans reliably; and |
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(2) |
in addition to the matters provided for in the preceding numbered
item, it is recognized that operation of the business will be executed
properly and reliably and that the business will contribute to Improvement
of Employment Management, Etc. of Part-Time Workers and to promotion
of their welfare. |
| 2. |
The Minister of Health, Labour and Welfare
shall, upon making the designation under the preceding paragraph,
make public the name, address, and location of the office of the entity
(hereinafter referred to as “Part-Time Work Support Center”)
designated as prescribed in said paragraph. |
| 3. |
The Part-Time Work Support Center, when
it seeks to alter its title, address or the location of its office,
shall notify the Minister of Health, Labour and Welfare in advance. |
| 4. |
The Minister of Health, Labour and Welfare
shall, when a notification under the preceding paragraph has been
made, make public the matter(s) involved in said notification. |
Conditions of Designation
Article 14. Conditions
may be attached to a designation under the provisions of this Law, and
those conditions may be modified.
| 2. |
The conditions under the preceding paragraph shall be
limited to the minimum necessary for certain implementation of matters
relating to the designation concerned, and shall not be such as to
impose unreasonable obligations on the entity obtaining said designation. |
Business
Article 15. The Part-Time
Work Support Center shall carry out the following business:
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(1) |
conducting surveys and research with respect to the vocational
life of Part-Time Workers; |
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(2) |
conducting training courses, etc. for employers and related persons
concerning the Improvement of Employment Management, Etc. of Part-Time
Workers; |
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(3) |
collect and offering comprehensive information and
materials concerning the vocational life of Part-Time Workers, employers
and other related persons; |
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(4) |
conducting the business stipulated in paragraph 1 of
the following Article; and |
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(5) |
in addition to the matters provided for in each of
the preceding numbered items, performing business matters necessary
to carry out assistance for the Improvement of Employment Management,
Etc. of Part-Time Workers and otherwise to promote the improvement
of welfare of Part-Time Workers. |
Implementation of Business Related to Welfare Programs
for Part-Time Workers By Part-Time Work Support Center
Article 16. The Minister
of Health, Labour and Welfare, upon designating a Part-Time Work Support
Center, shall have the Part-Time Work Support Center perform part or all
of the labour welfare services stipulated in Article 29 of the Workers'
Accident Compensation Insurance Law (Law No. 50 of 1947) or employment
welfare services stipulated in Article 64 of the Employment Insurance
Law (Law No. 116 of 1974) which fall under any of the following numbered
items:
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(1) |
payment of benefits prescribed by Ministry of Health, Labour and
Welfare ordinance to employers who employ Part-Time Workers, or to
associations of such employers; |
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(2) |
providing counseling and other assistance to employers and other
related persons concerning technical matters related to the Improvement
of Employment Management, Etc. of Part-Time Workers, Etc.; |
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(3) |
providing counseling and other assistance to Part-Time Workers
on matters concerning vocational life; |
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(4) |
conducting training for employment managers of Part-Time Workers
and other persons who manage matters concerning the Improvement of
Employment Management of Part-Time Workers; or |
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(5) |
in addition to the matters provided for in each of the preceding
numbered items, carrying out business matters necessary for promoting
the Improvement of Employment Management, Etc. of Part-Time Workers
and otherwise promoting the welfare of Part-Time Workers. |
| 2. |
The requirements for payment of benefits
and the amount of payments provided for in Article 29 of the Workers'
Accident Compensation Insurance Law or in Article 64 of the Employment
Insurance Law which constitute the benefits referred to in numbered
item 1 of the preceding paragraph shall be fixed by Ministry of Health,
Labour and Welfare ordinance. |
| 3. |
The Part-Time Work Support Center, when
it initiates part or all of the business stipulated in paragraph 1
(hereinafter referred to as “Welfare Services for Part-Time
Workers”) shall notify the Minister of Health, Labour and Welfare
of the starting date for the business and the location of the office
carrying out the business in each category of business concerned.
The same shall apply when the Part-Time Work Support Center is to
alter the location of the office performing said business. |
| 4. |
The Minister of Health, Labour and Welfare
shall make public the categories of Welfare Services for Part-Time
Workers to be implemented by the Part-Time Work Support Center pursuant
to the provisions of paragraph 1, and matters connected with the notifications
provided for in the preceding paragraph. |
Authorization of Business Regulations
Article 17. The Part-Time
Work Support Center, when carrying out Welfare Services for Part-Time
Workers, prior to starting said business, shall draft regulations (hereinafter
referred to as “Business Regulations”) relating to implementation
of said business, and obtain authorization therefor from the Minister
of Health, Labour and Welfare. The same shall apply when these regulations
are to be modified.
| 2. |
When the Minister of Health, Labour and Welfare deems
that Business Regulations authorized as provided under the preceding
paragraph have become inappropriate for the proper and reliable implementation
of Welfare Services for Part-Time Workers, the Minister may order
that those Business Regulations be modified. |
| 3. |
Matters to be set forth in the Business Regulations
shall be prescribed by Ministry of Health, Labour and Welfare ordinance. |
Authorization by the Minister of Health, Labour and Welfare
Concerning Payment of Benefits Related to Welfare Services for Part-Time
Workers
Article 18. In cases
where the Part-Time Work Support Center carries out business related to
numbered item 1 of paragraph 1 of Article 16 (hereinafter in the following
Article and Article 25 referred to as “Benefits Business”)
among Welfare Services for Part-Time Workers, and the Part-Time Work Support
Center itself is to receive payment of benefits based on Article 23 of
the Workers' Accident Compensation Insurance Law, or based on Article
64 of the Employment Insurance Law, as provided in paragraph 2 of Article
16 of this Law, it shall obtain authorization from the Minister of Health,
Labour and Welfare in accordance with Ministry of Health, Labour and Welfare
ordinance.
Reports
Article 19. The Part-Time
Work Support Center, in carrying on the Benefits Business, may, when it
deems necessary, request employers to submit reports on necessary matters.
Business Plans, Etc.
Article 20. The Part-Time
Work Support Center shall prepare a business plan and budget of income
and expenditures for each business year, in accordance with Ministry of
Health, Labour and Welfare ordinance, and obtain authorization therefor
from the Minister of Health, Labour and Welfare. The same shall apply
when modifications occur.
| 2. |
The Part-Time Work Support Center, in accordance with
Ministry of Health, Labour and Welfare ordinance, shall prepare, at
the end of each business year, a business report, balance sheet, settlement
of accounts statement and an inventory of assets, and submit them
to the Ministry of Health, Labour and Welfare for approval. |
Separate Accounting
Article 21. The Part-Time
Work Support Center, when it carries out Welfare Services for Part-Time
Workers, shall keep the accounting of business related to services for
Part-Time Workers separate from the accounting of other business.
Grants
Article 22. The State,
within the limits of the budget, may grant to the Part-Time Work Support
Center all or part of the expenses required for Welfare Services for Part-Time
Workers.
Delegation to Ministry of Health, Labour and Welfare Ordinance
Article 23.Apart from
the matters provided for in this Section, necessary matters concerning
the financial affairs and accounting of the Part-Time Work Support Center
in its execution of Welfare Services for Part-Time Workers shall be prescribed
by Ministry of Health, Labour and Welfare ordinance.
Appointment and Dismissal of Officers
Article 24. The appointment
and dismissal of officers of the Part-Time Work Support Center shall not
come into effect without authorization of the Minister of Health, Labour
and Welfare.
| 2. |
In case an officer of the Part-Time Work Support Center
violates the provisions of this Section (including orders or dispositions
based on said provisions), violates the Business Regulations authorized
under the provisions of paragraph 1 of Article 17, or performs a notable
inadmissible act concerning the business stipulated in Article 15,
the Minister of Health, Labour and Welfare may order the dismissal
of the said officer of the Part-Time Work Support Center. |
Status of Officers and Personnel as Public Employees
Article 25. With regards
to application of the Criminal Code (Law No. 45 of 1907) and other penal
provisions, officers and personnel of the Part-Time Work Support Center
who engage in Benefits Business shall be regarded as personnel engaged
in public service pursuant to all laws and ordinances.
Reports and Inspections
Article 26. The Minister
of Health, Labour and Welfare may, within the limits necessary for securing
proper operation of the business stipulated in Article 15, have the Part-Time
Work Support Center submit necessary reports concerning the conditions
of said business or assets, or have Ministry employees enter the offices
of the Part-Time Work Support Center and inspect the state of business,
books, documents and other articles.
| 2. |
Personnel conducting inspections provided for in the
preceding paragraph shall carry identification cards indicating their
status, and shall show such identification to the persons concerned. |
| 3. |
The authority to enter and inspect provided in paragraph
1 shall not be construed as having been recognized for criminal investigations. |
Supervisions and Orders
Article 27. The Minister
of Health, Labour and Welfare may, within the limits necessary for the
implementation of the provisions of this Section, give the Part-Time Work
Support Center orders necessary for the supervision of the businesses
stipulated in Article 15.
Cancellation of Designation, Etc.
Article 28. When the
Part-Time Work Support Center falls under any one of the following numbered
items, the Minister of Health, Labour and Welfare may cancel the designation
under paragraph 1 of Article 13 (hereinafter referred to as “Designation”),
or order suspension of all or part of the business stipulated in Article
15 for a fixed period of time:
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(1) |
when it is deemed that the business stipulated in Article 15 cannot
be executed properly and reliably; |
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(2) |
when there has been an improper act in connection with the Designation; |
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(3) |
when it has violated provisions of this Chapter or
orders or dispositions based on those provisions; |
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(4) |
when it has violated the conditions referred to in
paragraph 1 of Article 14; or |
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(5) |
when it has carried out Welfare Services for Part-Time
Workers without following the Business Regulations authorized pursuant
to the provisions of paragraph 1 of Article 17. |
| 2. |
When, pursuant to the provisions of the preceding paragraph,
the Minister of Health, Labour and Welfare has canceled the Designation
or has ordered the suspension of all or part of the businesses stipulated
in Article 15, the Minister shall make this public. |
Implementation of Welfare Services for Part-Time Workers
by the Minister of Health, Labour and Welfare
Article 29. When the
Minister of Health, Labour and Welfare, pursuant to the provisions of
paragraph 1 of the preceding Article, has canceled the Designation or
ordered the suspension of all or part of the Welfare Services for Part-Time
Workers, or when the Minister of Health, Labour and Welfare deems it necessary
in a case where it has become difficult for the Part-Time Work Support
Center to conduct Welfare Services for Part-Time Workers, the Minister
shall conduct said Welfare Services for Part-Time Workers.
| 2. |
When the Minister of Health, Labour and Welfare decides
to conduct Welfare Services for Part-Time Workers pursuant to the
provisions of paragraph 1, or to cease performing Welfare Services
for Part-Time Workers which he or she is then performing under the
provisions of said paragraph, the Minister shall make this public
in advance. |
| 3. |
When the Minister of Health, Labour and Welfare decides
to conduct Welfare Services for Part-Time Workers pursuant to the
provisions of paragraph 1, or to cease performing Welfare Services
for Part-Time Workers which he or she is then performing under the
provisions of said paragraph, the transfer of business related to
the said Welfare Services for Part-Time Workers and other necessary
matters shall be prescribed by Ministry of Health, Labour and Welfare
ordinance. |
Article 30. Deleted.
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