3-2 /Laws and Guidelines/Japan Institute of Workers' Evolution

Japan Institute of workers' Eevolution

Laws and Guidelines

The Situation of Woman in Japan

HOME > Laws and Guidelines > 3-2

1-1.
Chapter I . | Chapter II.
Chapter III. | Chapter IV.
1-2. | 1-3. | 1-4.
1-5. | 1-6.

2-1. | 2-2.

3-1.
Chapter I. | Chapter II.
Chapter III. | Chapter IV.
Chapter V.
3-2. | 3-3.

4-1.
Chapter I. | Chapter II.
Chapter III. | Chapter IV.
Chapter V. | Chapter VI.
Chapter VII. | Chapter VIII.
4-2.
Chapter I. | Chapter II.
Chapter III. | Chapter III-2.
Chapter III-3. | Chapter IV.
Chapter V. | Chapter VI.
Guidelines Concerning Measures to Be Taken by Employers to Facilitate the Coexistence of the Working Lives and Family Lives of Workers Who Take Care of or Are Going to Take Care of Children or Other Family Members
4-3. | 4-4.

Enforcement Regulations for the Law Concerning the Improvement of Employment Management, Etc. of Part-Time Workers

(Ministry of Health, Labour and Welfare Ordinance No. 34 of 1993)

Cases Prescribed by Ministry of Health, Labour and Welfare Ordinance Provided for in Article 2 of the Law

Article 1. The cases prescribed by Ministry of Health, Labour and Welfare ordinance provided for in Article 2 of the Law Concerning the Improvement of Employment Management, Etc. of Part-Time Workers (hereinafter referred to as “the Law”) shall be cases in which (a) regular employees of the same establishment are engaged in two or more duties, and (b) workers employed by the establishment concerned are engaged in a duty wherein the number of workers engaged in the same duty as regular employees of the establishment greatly exceeds the number of said regular employees (except in the case of a duty for which the prescribed weekly working hours of regular employees engaged therein are longer than the prescribed weekly working hours of regular employees engaged in any other duties).

Number of Part-Time Workers Prescribed by Ministry of Health, Labour and Welfare Ordinance Provided for in Article 9 of the Law

Article 2. The number of Part-Time Workers prescribed by Ministry of Health, Labour and Welfare ordinance provided for in Article 9 of the Law shall be ten.

Appointment of Employment Manager for Part-Time Workers

Article 3. An employer shall appoint as employment manager for Part-Time Workers a person who will manage the matters provided for in Article 9 of the Law, selected from among persons recognized as having the knowledge and experience necessary to manage said matters.

Enforcement Regulations for the Law Concerning the Improvement of Employment Management, Etc. of Part-Time Workers

Delegation of Authority

Article 3-2. The authority of the Minister of Health, Labour and Welfare provided for in Article 10, paragraph 1 of the Law, except where it concerns cases that the Minister finds to be of national importance, shall be vested in the Director of the prefectural Labour Bureau that has jurisdiction over the location of the business establishment of the employer.

Application for Designation

Article 4. An entity that seeks the designation provided for in paragraph 1 of Article 13 of the Law shall submit to the Minister of Health, Labour and Welfare a written application stating the following items:

	(1)	name and address;
	(2)	name of representative; and
	(3)	location of office(s).
2.	The following documents shall be appended to the application referred to in the preceding paragraph:
	(1)	a certified copy of the entity's articles of incorporation or articles of association and of its registration;
	(2)	documents which demonstrate that the entity possesses the necessary financial and technical foundation, such as a business report, balance sheet, settlement of accounts statement, and inventory of assets for a recent business year;
	(3)	basic plans and accompanying budgets for the business year in which the application is made and the following business year, covering the business provided for in Article 15 of the Law; and
	(4)	a document stating the names and brief personal histories of officers.

Notification of Change of Name, Etc.

Article 5. When the Part-Time Work Support Center provided for in paragraph 2 of Article 13 of the Law (hereinafter referred to as “Part-Time Work Support Center”) seeks to give the notice provided for in paragraph 3 of the same Article, it shall submit to the Minister of Health, Labour and Welfare written notification of the following items:

	(1)	the name, address or office location to which the notification applies;
	(2)	the date on which it is intended to make the change; and
	(3)	the reason for the change.

Benefits Paid by the Part-Time Work Support Center

Article 5-2.The benefits prescribed by Ministry of Health, Labour and Welfare ordinance provided for in numbered item 1 of paragraph 1 of Article 16 of the Law shall be the subsidies for improvement of employment management, etc. of Part-Time Workers provided for in Article 27 of the Enforcement Regulations of the Workers' Accident Compensation Insurance Law (Ministry of Health, Labour and Welfare Ordinance No. 22 of 1955; hereinafter referred to as “Workers' Accident Regulations”) and in numbered item 13 of Article 140 of the Enforcement Regulations of the Employment Insurance Law (Ministry of Health, Labour and Welfare Ordinance No. 3 of 1975; hereinafter referred to as “Employment Insurance Regulations”).

Subsidies for Improvement of Employment Management, Etc. of Part-Time Workers

Article 5-3. The subsidies for improvement of employment management, etc. of Part-Time Workers shall constitute: (a) a Small and Medium-Sized Enterprise Subsidy for Improvement of Employment Management, Etc. of Part-Time Workers, and (b) an Employers' Association Subsidy for Improvement of Employment Management, Etc. of Part-Time Workers.

2.	The Small and Medium-Sized Enterprise Subsidy for Improvement of Employment Management, Etc. of Part-Time Workers shall be granted to an operator of a small or medium-sized enterprise who, as provided for in paragraph 2 of Article 27 of the Workers' Accident Regulations and in numbered item 13 (a) of Article 140 of the Employment Insurance Regulations, draws up a plan to improve the employment management of Part-Time Workers, including implementation of health examinations for Part-Time Workers and preparation of office regulations for Part-Time Workers, obtains the approval of the director of the prefectural Labour Bureau, and, based on said plan, takes measures to improve the employment management, etc. of Part-Time Workers in accordance with provisions set forth by the Minister of Health, Labour and Welfare. (Reference: Ministry of Health, Labour and Welfare [Ordinance?] No. 46 of 1997)
3.	The amount of the Small and Medium-Sized Enterprise Subsidy for Improvement of Employment Management, Etc. of Part-Time Workers shall be the amount stipulated separately by the Minister of Health, Labour and Welfare, taking into consideration the costs of implementing the measures for improvement of employment management, etc. of Part-Time Workers provided for in the preceding paragraph. (Reference: Ministry of Health, Labour and Welfare [Ordinance?] No. 46 of 1997)
4.	The Employers' Association Subsidy for Improvement of Employment Management, Etc. of Part-Time Workers shall be granted to an association of operators of small and medium-sized enterprises which, as provided for in paragraph 3 of Article 27 of the Workers' Accident Regulations and numbered item 13 (b) of Article 140 of the Employment Insurance Regulations, draws up a plan to improve the employment management of Part-Time Workers, obtains the approval of the director of the prefectural Labour Bureau, and, based on said plan, conducts studies regarding the improvement of employment management, etc. of Part-Time Workers by its constituent employers and provides said constituent employers with counseling, guidance, and other support.
5.	The amount of the Employers' Association Subsidy for Improvement of Employment Management, Etc. of Part-Time Workers shall be an amount corresponding to two-thirds of the costs incurred in implementing the measures provided for in paragraph 3 of Article 27 of the Workers' Accident Regulations and numbered item 13 (b) of Article 140 of the Employment Insurance Regulations (when that amount exceeds the amount shown in the right-hand column of the table below for the applicable number of constituent employers who employ Part-Time Workers shown in the left-hand column of the table, the said amount shown in the right-hand column).

Number of Constituent Employers Who Employ Part-Time Workers	Amount
Fewer than 100	6 million yen
100 or more but fewer than 500	8 million yen
500 or more	10 million yen

Notification of Changes Pertaining to the Office that Conducts Welfare Services for Part-Time Workers

Article 6. When the Part-Time Work Support Center seeks to make the notification provided for in the second sentence of paragraph 3 of Article 16 of the Law, it shall submit to the Minister of Health, Labour and Welfare written notification of the following items:

	(1)	the location of the office which, after the change is made, will conduct the welfare services for Part-Time Workers provided for in paragraph 3 of Article 16 of the Law (hereinafter referred to as “Welfare Services for Part-Time Workers”);
	(2)	the date on which it is intended to make the change; and
	(3)	the reason for the change.

Matters to Be Set Forth in the Business Regulations

Article 7. The matters to be set forth in the business regulations provided for in paragraph 3 of Article 17 of the Law shall be as follows:

	(1)	matters relating to the payment of benefits provided for in numbered item 1 of paragraph 1 of Article 16 of the Law;
	(2)	matters relating to the counseling and other assistance provided for in numbered item 2 of paragraph 1 of Article 16 of the Law;
	(3)	matters relating to the counseling and other assistance provided for in numbered item 3 of paragraph 1 of Article 16 of the Law;
	(4)	matters relating to the [counseling and other assistance? MISPRINT FOR “training”?] provided for in numbered item 4 of paragraph 1 of Article 16 of the Law; and
	(5)	business matters necessary for promoting the Improvement of Employment Management, Etc. of Part-Time Workers and otherwise promoting the welfare of Part-Time Workers as provided for in numbered item 5 of paragraph 1 of Article 16 of the Law.

Application for Authorization of Changes in Business Regulations

Article 8. When the Part-Time Work Support Center seeks to obtain the authorization provided for in the second sentence of paragraph 1 of Article 17 of the Law, it shall submit to the Minister of Health, Labour and Welfare an application stating the following items:

	(1)	the matter(s) to be changed;
	(2)	the date on which it is intended to make the change; and
	(3)	the reason for the change.

Authorization by the Minister of Health, Labour and Welfare for the Payment of Benefits Related to Welfare Programs for Part-Time Workers

Article 9. When the Part-Time Work Support Center seeks to obtain the authorization provided for in Article 18 of the Law, it shall submit an application stating the following items:

	(1)	the name of the benefit which it seeks to receive;
	(2)	the amount of the benefit which it seeks to receive, and the basis of calculation of that amount; and
	(3)	other matters deemed necessary by the Minister of Health, Labour and Welfare.

Accounting Principles

Article 10. In order to establish clearly the financial condition of its business, the Part-Time Work Support Center shall keep accounts of any increase, decrease, or change in its assets, based on the facts pertaining thereto.

Method of Separate Accounting

Article 11. The Part-Time Work Support Center shall establish a special account for all accounting related to Welfare Services for Part-Time Workers (referred to in paragraph 2 of Article 17 and paragraph 3 of Article 19 as “Special Account for Welfare Services for Part-Time Workers”), and shall keep this account separate from the accounts for other business.

Application for Authorization of Business Plans, Etc.

Article 12. When the Part-Time Work Support Center seeks to obtain the authorization provided for in the first sentence of paragraph 1 of Article 20 of the Law, it shall make application by submitting to the Minister of Health, Labour and Welfare a business plan and budget prior to the start of each business year (during the business year in which it received designation, without delay after receiving designation).

Items to be Stated in the Business Plan

Article 13. The business plan provided for in paragraph 1 of Article 20 of the Law shall set forth plans regarding the following matters:

	(1)	matters relating to payment of the benefits provided for in numbered item 1 of paragraph 1 of Article 16 of the Law;
	(2)	matters relating to the counseling and other assistance provided for in numbered item 2 of paragraph 1 of Article 16 of the Law;
	(3)	matters relating to the counseling and other assistance provided for in numbered item 3 of paragraph 1 of Article 16 of the Law;
	(4)	matters relating to the training provided for in numbered item 4 of paragraph 1 of Article 16 of the Law;
	(5)	business matters necessary for promoting the Improvement of Employment Management, Etc. of Part-Time Workers and for otherwise promoting the welfare of Part-Time Workers as provided for in numbered item 5 of paragraph 1 of Article 16 of the Law; and
	(6)	in addition to those listed in the preceding numbered items, matters relating to the business listed in each numbered item of Article 15 of the Law.

Budget

Article 14. The budget shall be itemized according to the nature of income and the purpose of expenditures.

Documents to Be Appended to the Budget

Article 15. When the Part-Time Work Support Center seeks to obtain the budget authorization provided for in the first sentence of paragraph 1 of Article 20 of the Law, it shall submit the following appended documents to the Minister of Health, Labour and Welfare:

	(1)	estimated balance sheet for the preceding business year;
	(2)	estimated balance sheet for the business year concerned; and
	(3)	documents other than those listed in the preceding two numbered items that serve as reference materials for the said budget.

Application for Authorization of Changes in Business Plan, Etc.

Article 16. When the Part-Time Work Support Center seeks to obtain the authorization of changes in the business plan or budget provided for in the second sentence of paragraph 1 of Article 20 of the Law, it shall submit to the Minister of Health, Labour and Welfare an application stating the matters to be changed and the reason for the change. In such case, when a change in the budget is accompanied by a change in a document listed in numbered item 2 or numbered item 3 of the preceding paragraph, the revised document containing the said change shall be appended.

Reserve Fund

Article 17. The Part-Time Work Support Center may establish a reserve fund in the budget to offset any shortfall against budgeted expenditure due to unforeseeable circumstances.

2.	When the Part-Time Work Support Center has used a reserve fund in the Special Account for Welfare Services for Part-Time Workers, it shall promptly notify the Minister of Health, Labour and Welfare to that effect.
3.	The notification provided for in the preceding paragraph shall consist of documents that clearly state the reason for the use, the amount used, and the basis of calculation.

Diversion, Etc. of Budget

Article 18. The Part-Time Work Support Center shall not use budgeted expenditures for any purpose other than those stipulated in the budget. However, when appropriate and necessary for reasons of budget implementation, it may reciprocally divert expenditures regardless of the itemization provided for in Article 14.

2.	With regard to expenditures for which the amounts have been designated by the Minister of Health, Labour and Welfare, the Part-Time Work Support Center shall not make reciprocal diversions between two or more such expenditures, nor between such expenditures and other expenditures, nor use a reserve fund for the purpose of such expenditures, unless so authorized by the Minister of Health, Labour and Welfare.
3.	When the Part-Time Work Support Center seeks to obtain the authorization of the Minister of Health, Labour and Welfare for a budgetary diversion or use of a reserve fund provided for in the preceding paragraph, it shall submit to the Minister of Health, Labour and Welfare documents that clearly state the reason for the said diversion or use, the amount thereof, and the basis of calculation.

Carrying Forward of Budget

Article 19. When necessary for reasons of budget implementation, the Part-Time Work Support Center may carry forward for use in the following business year amounts of budgeted expenditures whose disbursement has not been finalized within the current business year. However, when carrying over expenditures for which the amounts have been designated by the Minister of Health, Labour and Welfare, it shall obtain the prior authorization of the Minister.

2.	When the Part-Time Work Support Center seeks to obtain the authorization provided for in the proviso of the preceding paragraph, before the end of the current business year it shall submit to the Minister of Health, Labour and Welfare documents stating clearly, for each item, the reason why it is necessary to carry forward the expenditure and the amount thereof.
3.	When the Part-Time Work Support Center has carried forward amounts of budgeted expenditures in the Special Account for Welfare Services for Part-Time Workers as provided for in paragraph 1, it shall submit an account of amounts carried forward to the Minister of Health, Labour and Welfare within two months after the end of the business year concerned.
4.	The account of amounts carried forward referred to in the preceding paragraph shall be itemized in the same way as the budgeted expenditures, and shall state the actual amount of each budgeted expenditure involved in the carrying forward, together with a breakdown of the said amount into the amount for which disbursement has been finalized, the amount carried forward to the following business year, and the amount not used.

Application for Approval of Business Report, Etc.

Article 20. When the Part-Time Work Support Center seeks to obtain the approval provided for in paragraph 2 of Article 20 of the Law, it shall apply within three months after the end of the business year concerned.

Settlement of Accounts Statement

Article 21. The settlement of accounts statement shall be itemized in the same way as the budget, and shall show the following items:

(1)	Income
	(a)	budgeted income amount
	(b)	finalized income amount
	(c)	difference between the budgeted and finalized income accounts
(2)	Expenditure
	(a)	budgeted expenditure amount
	(b)	amount brought forward from the previous business year
	(c)	amount used from reserve funds and the reason therefor
	(d)	amount diverted and the reason therefor
	(e)	actual amount of budgeted expenditure
	(f)	amount for which disbursement has been finalized
	(g)	amount carried forward to the following business year
	(h)	amount not used

Accounting Rules

Article 22. The Part-Time Work Support Center shall stipulate accounting rules other than those prescribed by law and by this ordinance, pertaining to its financial affairs and accounting practices.

2.	When the Part-Time Work Support Center seeks to stipulate the accounting rules referred to in the preceding paragraph, it shall obtain the authorization of the Minister of Health, Labour and Welfare regarding the basic items thereof. The same shall apply when it seeks to make a change therein.
3.	When the Part-Time Work Support Center has established or modified the accounting rules provided for in paragraph 1, it shall submit them without delay to the Minister of Health, Labour and Welfare with a statement making clear the reasons for and contents of the newly established or modified rules.

Application for Authorization of Appointment or Dismissal of Officers

Article 23. When the Part-Time Work Support Center seeks to obtain the authorization provided for in paragraph 1 of Article 24 of the Law, it shall submit to the Minister of Health, Labour and Welfare an application stating the following items:

	(1)	name and brief personal history of the officer to be appointed or dismissed; and
	(2)	reason for the appointment or dismissal.

Identification Card for On-Site Inspection

Article 24. The identification card referred to in paragraph 2 of Article 26 of the Law shall conform to a format prescribed by the Minister of Health, Labour and Welfare

Transfer, Etc. of Welfare Services for Part-Time Workers

Article 25. When the Minister of Health, Labour and Welfare decides to perform Welfare Services for Part-Time Workers as provided for in paragraph 1 of Article 29 of the Law, the Part-Time Work Support Center shall carry out the following items:

	(1)	transfer of the Welfare Services for Part-Time Workers to the Minister of Health, Labour and Welfare;
	(2)	transfer of the account books and documents pertaining to Welfare Services for Part-Time Workers to the Minister of Health, Labour and Welfare; and
	(3)	other matters deemed necessary by the Minister of Health, Labour and Welfare.
2.	When the Minister of Health, Labour and Welfare decides to cease performing Welfare Services for Part-Time Workers which he or she is then performing under the provisions of paragraph 1 of Article 29 of the Law, he or she shall carry out the following items:
	(1)	transfer of the Welfare Services for Part-Time Workers to the Part-Time Work Support Center;
	(2)	transfer of the account books and documents pertaining to Welfare Services for Part-Time Workers to the Part-Time Work Support Center; and
	(3)	other matters deemed necessary by the Minister of Health, Labour and Welfare.

SUPPLEMENTARY PROVISIONS

This ordinance shall enter into force on the date of promulgation of the Law (December 1, 1993).

SUPPLEMENTARY PROVISIONS

(Ministry of Health, Labour and Welfare [Ordinance?] No. 24 of 1997) (SUMMARY)

Date of Enforcement

Article 1. This ordinance shall enter into force on the date of its promulgation.

Interim Measures

Article 2. With regard to the payment of a Small and Medium-Sized Enterprise Subsidy for Improvement of Employment Management, Etc. of Part-Time Workers to an employer who, before the date on which this ordinance entered into force, was deemed eligible to receive said subsidy pursuant to Article 27 of the Enforcement Regulations of the Workers' Accident Compensation Insurance Law prior to its revision and Article 5-3 of the Enforcement Regulations of the Law Concerning the Improvement of Employment Management, Etc. of Part-Time Workers prior to its revision, the existing eligibility shall remain in force.

Article 3. An employers' association that, before the date on which this ordinance entered into force, was deemed eligible to receive an Employers' Association Subsidy for Improvement of Employment Management, Etc. of Part-Time Workers pursuant to Article 28 of the Enforcement Regulations of the Workers' Accident Compensation Insurance Law prior its revision and Article 5-4 of the Enforcement Regulations of the Law Concerning the Improvement of Employment Management, Etc. of Part-Time Workers prior to its revision, shall be deemed to constitute an employers' association that has been deemed eligible to receive a Subsidy for Improvement, Etc. of Employment Management of Part-Time Workers as provided for in Article 27 of the Enforcement Regulations of the Workers' Accident Compensation Insurance Law after its revision and Article 5-3 of the Enforcement Regulations of the Law Concerning the Improvement of Employment Management, Etc. of Part-Time Workers after its revision.

| HOME | Japan Institute of Workers' Evolution
Laws and Guidelines | The Situation of Women in Japan |