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Chapter I. | Chapter II.
Chapter III. | Chapter IV.
Chapter V. | Chapter VI.
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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
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Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members, Including Child Care and Family Care Leave

CHAPTER VII. MEASURES FOR SUPPORTING SUBJECT WORKERS, ETC.

Section I. Support from the State, Etc.

Support for Employers, Etc.

Article 30. In order to promote the welfare, such as the continuous employment and the re-employment, of workers who take care of or are going to take care of children or other family members (hereinafter referred to as “Subject Workers”) as well as former employees who left employment due to child care, etc. (hereinafter referred to collectively as “Subject Workers, Etc.”), the State may offer necessary support, such as provision of counseling, advice, and benefits to employers, employers' associations and other parties concerned with respect to the employment management, special measures for re-employment and other measures at workplaces where Subject Workers are employed.

Counseling, Training Courses, Etc.

Article 31. In order to contribute to the promotion, etc. of the coexistence of the working and family life of Subject Workers, the State shall take such measures as providing such persons with necessary guidance, counseling, and training courses.

2.	Local public bodies shall endeavor to take measures that correspond to the measures to be taken by the State as set forth in the preceding paragraph.

Support for Re-employment

Article 32. In order to provide opportunities for former employees who left employment due to child care, etc. to be re-employed when they so desire, the State shall [a] consider the implementation through effective coordination of such measures as vocational guidance, employment services, and vocational retraining and [b] provide the necessary support in order to promote the smooth re-employment of former employees who left employment due to child care, etc.

Measures to Increase Understanding of the Coexistence of Working and Family Life

Article 33. The State shall take necessary measures, including publicity activities, to increase the understanding of employers, workers, and the general public regarding the coexistence of working and family life for Subject Workers, Etc., in order to eliminate workplace practices and other factors that impede said coexistence.

Family Support Facilities for Workers

Article 34. Local public bodies shall, as necessary, endeavor to establish family support facilities for workers.

2.		Family support facilities for workers shall be established with the goal of conducting a comprehensive set of activities aimed at promoting the welfare of Subject Workers, Etc. by conducting various consultations, necessary guidance, training courses, and practical training, etc. regarding the coexistence of working and family life for Subject Workers, Etc., and by providing facilities for rest and recreation, etc.
3.		The Minister of Health, Labour and Welfare shall prescribe suitable standards with regard to the establishment and operation of family support facilities for workers.
4.		The State may provide necessary advice, guidance and other support to local public bodies with regard to the establishment and operation of family support facilities for workers.

Advisors of Family Support Facilities for Workers

Article 35. Family support facilities for workers shall endeavor to appoint personnel who take charge of the counseling and guidance activities for Subject Workers, Etc. (hereinafter referred to in the following paragraph as “advisors of family support facilities for workers”).

Advisors of family support facilities for workers should possess enthusiasm and insight, and shall be selected from among persons who have qualifications prescribed by the Minister of Health, Labour and Welfare.

Section II. Designated Juridical Person

Designation, Etc.

Article 36. The Minister of Health, Labour and Welfare may, based on petition therefor, designate one sole entity for the entire nation established with the goal of promoting the welfare of Subject Workers, Etc. that is [a] a corporation under Article 34 of the Civil Code (Law No. 89 of 1896), and [b] found to be in conformity with the following listed standards concerning the services provided for in Article 38, as an entity that is to conduct the services provided for in the same article.

	(1)	Plans regarding implementation of work with respect to matters such as employees and work methods are appropriate, and the entity is found to possess a financial and technical basis sufficient to reliably execute such plans; and
	(2)	In addition to the matters provided for in the preceding paragraph, it is found that the operation of the entity's services will be appropriately and reliably conducted and contribute to promoting the welfare of Subject Workers, Etc.
2.	The Minister of Health, Labour and Welfare shall, upon making the designation provided for in the preceding paragraph, make public the name, address and office location of the entity that received the designation provided for in the same paragraph (hereinafter referred to as “designated corporation”).
3.	When the designated corporation seeks to change its name, address or office location, it shall give notice to the Minister of Health, Labour and Welfare to that effect in advance.
4.	The Minister of Health, Labour and Welfare shall, when it receives the notice provided for in the preceding paragraph, make public the matters involved in said notice.

Conditions of Designation

Article 37. Conditions may be attached to the designation provided for in paragraph 1 of the preceding article, and such conditions may be changed.

The conditions referred to in the preceding paragraph shall be limited to the minimum necessary to promote the reliable implementation of the matters involved in the said designation, and shall not be such as to impose unreasonable duties on the entity that receives said designation.

Services

Article 38. The designated corporation shall conduct the following services:

	(1)	Conducting surveys and research with respect to the working life and family life of Subject Workers, Etc.;
	(2)	Comprehensively compiling information and materials with respect to the working life and family life of Subject Workers, Etc., and providing said information and materials to Subject Workers, Etc., employers and other parties concerned;
	(3)	Conducting the service provided for in paragraph 1 of the following article; and
	(4)	In addition to the matters listed in the preceding three numbered items, performing services necessary to promote the welfare of Subject Workers, Etc.

Implementation of Welfare-Related Services by Designated Juridical Person

Article 39. Upon designating the designated corporation, the Minister of Health, Labour and Welfare shall have the designated corporation perform all or part of the following services among the services conducted by the State as provided for in Articles 30 through 34 (hereinafter referred to as “welfare-related services”):

	(1)	Providing counseling and support to employers and other parties concerned with regard to technical matters with respect to employment management and special measures for re-employment of Subject Workers;
	(2)	Providing the benefits that are referred to in Article 30 and provided for by ordinance of the Ministry of Health, Labour and Welfare;
	(3)	Providing Subject Workers with counseling, training courses, and other support necessary with respect to the coexistence of their working and family life;
	(4)	Providing re-employment support to former employees who left employment due to child care, etc.;
	(5)	Providing Work-Family Coexistence Facilitation Officers with training in the knowledge necessary to carry out smoothly the duties provided for in Article 29;
	(6)	Conducting publicity activities and other services to increase understanding with regard to the coexistence of working and family life for Subject Workers, Etc.; and
	(7)	In addition to the matters listed in the each of the preceding numbered items, performing services necessary to promote the welfare of Subject Workers, Etc. such as their continuous employment and their re-employment.
2.	The requirements for provision of benefits and the amount of the benefits referred to in numbered item 2 of the preceding paragraph shall be provided for by ordinance of the Ministry of Health, Labour and Welfare.
3.	When the designated corporation commences all or part of the welfare-related services, it shall, for each type of said service, give notice to the Minister of Health, Labour and Welfare of the starting date of said service and the location of the office performing the service. The same shall apply if the designated corporation seeks to change the location of the office performing said service.
4.	The Minister of Health, Labour and Welfare shall make public [a] the types of welfare-related service he or she has the designated corporation perform based on paragraph 1, and [b] the matters involved in the notice provided for in the preceding paragraph.

Authorization of Service Regulations

Article 40. When the designated corporation performs a welfare-related service, it shall prepare regulations with respect to the implementation of said service (hereinafter referred to as “service regulations”) and receive the authorization of the Minister of Health, Labour and Welfare prior to commencing said service. The same shall apply if the designated corporation seeks to change said regulations.

2.		In the event that the Minister of Health, Labour and Welfare finds that service regulations authorized as referred to in the preceding paragraph have become inappropriate as they relate to the proper and reliable implementation of the welfare-related service, the Minister of Health, Labour and Welfare may order that those service regulations be amended.
3.		Matters to be contained in the service regulations shall be provided for by ordinance of the Ministry of Health, Labour and Welfare.

The Minister of Health, Labour and Welfare's Authorization Concerning Provision of Benefits Related to Welfare

Article 41. In a case where the designated corporation performs, among its welfare-related services, the service involved in numbered item 2 of paragraph 1 of Article 39 (hereinafter referred to in the following article and Article 48 as “benefits service”), if the designated corporation itself seeks to receive the provision of benefits set forth in the same numbered item, then pursuant to ordinance of the Minister of Health, Labour and Welfare, the designated corporation shall receive authorization from the Minister of Health, Labour and Welfare.

Reports

Article 42. In performing the benefits service, the designated corporation may, when it finds it necessary with respect to said service, request that employers make reports with regard to necessary matters.

Business Plan, Etc.

Article 43. The designated corporation shall, pursuant to ordinance of the Ministry of Health, Labour and Welfare, prepare a business plan and budget of income and expenditures for each business year and receive the authorization of the Minister of Health, Labour and Welfare. The same shall apply if the designated corporation seeks to change said plan or budget.

At the end of each business year, the designated corporation shall, pursuant to ordinance of the Ministry of Health, Labour and Welfare, prepare a business statement, a balance sheet, income and expenditures statement of settlement of accounts, and an inventory of assets, submit these to the Minister of Health, Labour and Welfare and receive the Minister's approval.

Separate Accounting

Article 44. When the designated corporation conducts the welfare-related services, it shall organize the accounting concerned with the welfare-related services separately from the accounting concerned with other services.

Grants

Article 45. Within the limits of the budget, the State may grant to the designated corporation the amount of money equivalent to all or part of the cost necessary for welfare-related services.

Referral to Ministry of Health, Labour and Welfare Ordinance

Article 46. Other than matters provided for in this section, necessary matters with respect to the financial matters and accounting of the designated corporation in the conduct of its welfare-related services shall be provided for by ordinance of the Ministry of Health, Labour and Welfare.

Appointment and Dismissal of Officers

Article 47. No appointment or dismissal of an officer of the designated corporation shall be effective without the authorization of the Minister of Health, Labour and Welfare.

In the event that an officer of the designated corporation commits any act in violation of either any provision of this section (including any order or disposition based on said provision) or any of the service regulations for which authorization was received based on the provisions of paragraph 1 of Article 40, or commits a materially improper act with respect to the services provided for in Article 38, the Minister of Health, Labour and Welfare may order the designated corporation to dismiss such officer.

Status of Officers and Personnel as Public Employees

Article 48. With regard to the application of the Criminal Code (Law No. 45 of 1907) and other penal provisions, officers and personnel of the designated corporation who engage in the benefits service shall be regarded as personnel engaged in public service pursuant to all laws and ordinances.

Reports and Inspections

Article 49. The Minister of Health, Labour and Welfare may, within the limits necessary to secure the proper operation of the services provided for in Article 30, have the designated corporation submit necessary reports with respect to the services provided for in the same article or the conditions of assets, or may have Ministry personnel enter the offices of the designated corporation and inspect the state of the services, accounting books, documents and other articles.

2.		Personnel who conduct inspections based on the preceding paragraph shall carry identification cards that indicate their status, and shall show such identification to the parties concerned.
3.		The authority to enter and inspect provided for in paragraph 1 shall not be interpreted as a recognition of such authority for the purpose of any criminal investigation

Supervisory Orders

Article 50. The Minister of Health, Labour and Welfare may, within the limits necessary to implement the provisions of this section, give the designated corporation orders necessary for the supervision of the services provided for in Article 38.

Revocation of Designation

Article 51. In the event that any of the following numbered items applies to the designated corporation, the Minister of Health, Labour and Welfare may revoke the designation provided for in paragraph 1 of Article 36 (hereinafter referred to as “designation”) or set a period of time for suspension and order suspension of all or part of the services provided for in Article 38:

	(1)	When it is found that the services provided for in Article 38 cannot be appropriately and reliably implemented;
	(2)	When there has been an improper act with respect to the designation;
	(3)	When any provision of this section or any order or disposition based on said provision has been violated;
	(4)	When any condition of paragraph 1 of Article 37 has been violated; or
	(5)	When a welfare-related service has been performed not in accordance with service regulations authorized pursuant to the provisions of paragraph 1 of Article 40.
2.	In the event that, pursuant to the provisions of the preceding paragraph, the Minister of Health, Labour and Welfare orders revocation of designation or suspension of all or part of the services provided for in Article 38, the Minister shall make such order public.

The Minister of Health, Labour and Welfare's Implementation of Welfare-related Services

Article 52. In the event that the Minister of Health, Labour and Welfare orders revocation of designation or suspension of all or part of a welfare-related service pursuant to the provisions of paragraph 1 of the preceding article, or in the event that the Minister of Health, Labour and Welfare finds it necessary in a case where the designated corporation had difficulty performing a welfare-related service, the Minister of Health, Labour and Welfare shall perform said welfare-related service.

2.		In the event that the Minister of Health, Labour and Welfare decides, pursuant to the provisions of the preceding paragraph, either to perform the welfare-related service or to discontinue performance thereof, the Minister of Health, Labour and Welfare shall make such decision public in advance.
3.		The Minister of Health, Labour and Welfare shall provide by ordinance of the Ministry of Health, Labour and Welfare for the continuation of said welfare-related service and other necessary matters pertaining to the case where the Minister of Health, Labour and Welfare decides, pursuant to the provisions of paragraph 1, either to perform the welfare-related service or to discontinue performance thereof.

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