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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 VIII. MISCELLANEOUS PROVISIONS
Exception Regarding the Recruitment of Workers Needed to
Handle the Duties of Persons Obtaining Child Care Leave, Etc.
Article 53. In a case
where a small enterprise that is a member of an authorized association
of small enterprises seeks to have said authorized association of small
enterprises perform recruitment of workers needed for the purpose of handling
the duties of workers who take child care leave or family care leave (here
and hereinafter in this paragraph, including leaves that correspond to
the aforementioned) with respect to the period said workers take said
child care leave or family care leave, if said authorized association
of small enterprises seeks to engage in said recruitment, the provisions
of paragraph 1 of Article 36 of the Employment Security Law (Law No. 141
of 1947) shall not apply to said member small enterprise.
| 2. |
As used in this article and the following article, the
definitions of the terms listed in the following numbered items are
as set forth therein. |
|
(1) |
The term “small enterprise” means an employer provided
for in the provisions of paragraph 1 of Article 2 of the Law Concerning
the Promotion of Improvement of Employment Management to Secure the
Labour Force for Small Enterprises (Law No. 57 of 1991). |
|
(2) |
The term “authorized association of small enterprises”
means an entity [a] that is a business cooperative association provided
for in the provisions of paragraph 2 of Article 2 of the Law Concerning
the Promotion of Improvement of Employment Management to Secure the
Labour Force for Small Enterprises, and [b] that has been certified,
based on application by said business cooperative association, etc.,
to be appropriate, according to standards set by the Minister of Health,
Labour and Welfare, as an entity that provides counseling and support
to such member small enterprises with respect to matters such as the
measures employers are to take referred to in Article 22. |
| 3. |
In the event that the Minister of Health,
Labour and Welfare finds that an authorized association of small enterprises
has become inappropriate as an entity that provides the counseling
and support referred to in numbered item 2 of the preceding paragraph,
the Minister of Health, Labour and Welfare may revoke the certification
referred to in the same numbered item. |
| 4. |
If the authorized association of small
enterprises referred to in paragraph 1 seeks to engage in said recruitment,
then pursuant to ordinance of the Ministry of Health, Labour and Welfare,
it shall notify the Minister of Health, Labour and Welfare of the
recruitment period, the number of persons to be recruited, the recruitment
area, and other matters with respect to the recruitment of workers
that are provided for by ordinance of the Ministry of Health, Labour
and Welfare. |
| 5. |
The provisions of paragraph 2 of Article
37 of the Employment Security Law shall apply mutatis mutandis to
a case where the notice referred to in the provisions of the preceding
paragraph is received; the provisions of paragraphs 1 and 3 of Article
5-3, Article 5-4, Article 39, Article 41, Article 48-3, Article 48-4,
paragraphs 1 and 2 of Article 50, and Article 51-2 of the same law
shall apply mutatis mutandis to an entity that engages in the recruitment
of workers by providing notice according to the provisions of the
preceding paragraph; the provisions of Article 40 of the same law
shall apply mutatis mutandis to the payment of remuneration to an
entity that engages in the recruitment of workers by providing notice
according to the provisions of the same paragraph; and the provisions
of paragraphs 3 and 4 of Article 50 of the same law shall apply mutatis
mutandis to cases where the official authority provided for in paragraphs
1 and 2 of the same article is exercised and applied mutatis mutandis
in this paragraph. In such case, the phrase “an entity that
seeks to carry out labour recruitment” contained in paragraph
2 of Article 37 of the same law shall be read as “an entity
that seeks to engage in recruitment of workers by providing the notice
referred to in paragraph 4 of Article 53 of the Law Concerning the
Welfare of Workers Who Take Care of Children or Other Family Members,
Including Child Care and Family Care Leave.” |
| 6. |
In the application of the provisions of
Article 42-2 of the Employment Security Law, the phrase “recruitment
contractor as provided for in Article 39” contained in the same
article shall be read as “entity that engages in recruitment
of workers by providing the notice referred to in paragraph 4 of Article
53 of the Law Concerning the Welfare of Workers Who Take Care of Children
or Other Family Members, Including Child Care and Family Care Leave.”7.
The Minister of Health, Labour and Welfare may request that an authorized
association of small enterprises submit a report with respect to the
status of implementation of the counseling and support referred to
in numbered item 2 of paragraph 2. |
Article 54.
The Public Employment Security Office shall endeavor to promote the effective and
appropriate implementation of recruitment of workers pursuant to paragraph
4 of the preceding article by means of providing such things as employment
information and the results of surveys and research regarding employment
to authorized associations of small enterprises who engage in said recruitment
and providing guidance based on the above with respect to the contents
and methods of said recruitment.
Surveys, Etc.
Article 55. In order
to contribute to the promotion, etc. of the coexistence of the working
and family life of Subject Workers, Etc., the Minister of Health, Labour
and Welfare shall implement surveys and research necessary with respect
to the employment management, development of working abilities, advancement,
and other matters relating to these workers.
| 2. |
With respect to the enforcement of this Law, the Minister
of Health, Labour and Welfare may request that the heads of administrative
bodies concerned provide data and other necessary cooperation. |
| 3. |
With respect to the enforcement of this Law, the Minister
of Health, Labour and Welfare may request necessary survey information
of the prefectural governors. |
Collection of Information, Advice, Guidance and Recommendations
Article 56.
When he or she finds it necessary to the enforcement of this Law,
the Minister of Health, Labour and Welfare may request information of,
or give advice, guidance, or recommendations to employers.
Inquiries to the Labour Policy Council
Article 57.
When planning the enactment or revision of an ordinance of the Ministry of Health, Labour and Welfare
pertaining to numbered items 3, 4 or 5 of Article 2, paragraph 2 or numbered item 2 of paragraph 3 of Article 5,
numbered items 2 or 3 of paragraph 1 of Article 6 (including cases where the same provisions are applied mutatis
mutandis in paragraph 2 of Article 12 or paragraph 2 of Article 16-3), paragraph 3 of Article 6, paragraph 2 or paragraph 3
of Article 7 (including cases where the same provisions are applied mutatis mutandis in Article 13), paragraph 2 or paragraph 3
of Article 8 (including cases where the same provisions are applied mutatis mutandis in paragraph 3 of Article 14),
numbered item 1 of paragraph 2 of Article 9, numbered item 1 or numbered item 2-B of paragraph 1 of Article 11, paragraph 3
of Article 12, numbered item 1 of paragraph 3 of Article 15, numbered item 2 or numbered item 3 of paragraph 1 of Article 17,
paragraph 3 or numbered item 1 of paragraph 4 of Article 17 (including cases where the same provisions are applied mutatis
mutandis in paragraph 1 of Article 18), numbered item 2 or numbered item 3 of paragraph 1 of Article 19,
or paragraph 3 or numbered item 1 of paragraph 4 of Article 19
(including cases where the same provisions are applied mutatis mutandis in paragraph 1 of Article 20),
or Article 23, or numbered item 2 of paragraph 1 or paragraph 2 of Article 39; when formulating the guidelines referred to in Article 28;
or when otherwise making decisions with regard to important matters concerning the enforcement of this Law,
the Minister of Health, Labour and Welfare shall hear the views of the Labour Policy Council in advance.
Delegation of Authority
Article 58.
Part of the authority of the Minister of Health, Labour and Welfare
provided for in this Law may be delegated to the director of a prefectural
Labour Bureau pursuant to ordinance of the Ministry of Health, Labour
and Welfare.
Referral to Ministry of Health, Labour and Welfare Ordinance
Article 59. Other
than matters provided for in this Law, procedural and other matters necessary
for the implementation of this Law shall be provided for by ordinance
of the Ministry of Health, Labour and Welfare.
Exception for Seafarers
Article 60. The provisions
of Chapter IV, Articles 36 through 54, and Articles 62 through 67 shall
not apply with respect to persons seeking to become seafarers provided
for in paragraph 1 of Article 6 of the Seafarers Employment Security Law
(No. 130 of 1948) and seafarers to whom the provisions of the Seafarers
Law (No. 100 of 1947) apply (hereinafter referred to collectively in the
following paragraph as “seafarers, etc.”).
| 2. |
With respect to seafarers, etc., the readings of certain phrases of this Law shall be changed as follows.
The phrase “ordinance of the Ministry of Health, Labour and Welfare” contained in the following provisions
shall be read as “ordinance of the Ministry of Land, Infrastructure and Transport”: numbered items,
3, 4 and 5 of Article 2; paragraph 2, numbered item 2 of paragraph 3 or paragraph 4 of Article 5; numbered items
2 and 3 of paragraph 1 of Article 6 (including cases where the same provisions are applied mutatis mutandis in paragraph
2 of Article 12 or paragraph 2 of Article 16-3); paragraph 3 of Article 6; Article 7 (including cases
where the same provisions are applied mutatis mutandis in Article 13); paragraph 2 and 3 of Article 8
(including cases where the same provisions are applied mutatis mutandis in paragraph 3 of Article 14);
numbered item 1 of paragraph 2, and paragraph 3 of Article 9; numbered item 1, item 2-B of paragraph
2 or paragraph 3 of Article 11; paragraph 3 of Article 12; numbered item 1 of paragraph 3, and paragraph
4 of Article 15; paragraph 2 of Article 16-2; numbered items 2 and 3 of paragraph 1, paragraph 2, paragraph
3, and item 1 of paragraph 4 of Article 19 (including cases where the same provisions are applied mutatis
mutandis in paragraph 1 of Article 20); paragraph 5 of Article 19; paragraph 2 of Article 20;
numbered item 3 of paragraph 1 and paragraph 2 of Article 21; Article 23; Article 29; Article 57; Article 58; and Article 59.
The phrase “leave based on the provisions of paragraphs 1 and 2 of Article 65 of the Labour Standards Law
( Law No. 49 of 1947)” contained in numbered item 3 of paragraph 2 of Article 9 shall be read as “absence
from work as provided for in paragraphs 1 and 2 of Article 87 of the Seafarers' Law (Law No. 100 of 1947)”.
The phrase “leave based on the provisions of paragraphs 1 and 2 of Article 65 of the Labour Standards Law”
contained in numbered item 2 of paragraph 3 of Article 15 and numbered item 3 of paragraph 4 of Article 19 shall be read
as “absence from work as provided for in paragraphs 1 and 2 of Article 87 of the Seafarers' Law.”
The phrase “a worker who is taking care of” contained in paragraph 1 of Article 19 shall be read
as “a worker (except, here and hereinafter in this chapter, Articles 23 through 26, and Articles 28 and 29,
a day labourer) who is taking care of.” The phrase “annual paid leave pursuant to the provisions of Article
39 of the Labour Standards Law” contained in Article 25 shall be read as “paid leave pursuant to the provisions
of Articles 74 through 78 of the Seafarers' Law.” The phrase “Minister of Health, Labour and Welfare”
contained in Article 28 and Articles 55 through 58 shall be read as “Minister of Land, Infrastructure and Transport.
” The phrase “numbered item 1 of paragraph 3 of Article 15, numbered item 2 or numbered item 3 of paragraph 1 of Article 17,
paragraph 3 or numbered item 1 of paragraph 4 of Article 17 (including cases where the same provisions are applied mutatis
mutandis in paragraph 1 of Article 18)” contained in Article 57 shall be read as “numbered item 1 of paragraph 3 of Article 15.”
The phrase “or Article 23, or numbered item 2 of paragraph 1 or paragraph 2 of Article 39” contained in Article 57
shall be read as “or Article 23.” The phrase “Labour Policy Council” contained in Article 57
shall be read as “Seafarers' Central Labour Commission.” The phrase “Director of the prefectural Labour Bureau”
contained in Article 58 shall be read as “District Transport Bureau Chief (including Director of Marine Transport Control Department).” |
Exception for Civil Servants
Article 61. The provisions
of Chapters II through VI, Article 30, Article 53, Article 54, Article
56, the preceding article, the following article, Article 63 and Article
65 shall not apply to members of the national civil service or local civil
service.
| 2. |
With respect to members of the national civil service and local
civil service, the phrase “former employee who left employment
due to child care, etc.” contained in Article 32 shall be read
as “former employee who left employment due to child care, etc.
(here and hereinafter, this means the former employee who left employment
due to child care, etc. provided for in Article 27)”; and the
phrase “Subject Workers, Etc.” in paragraph 2 of Article
34 shall be read as “Subject Workers, Etc. (here and hereinafter,
this means the Subject Workers, Etc. provided for in Article 30).” |
| 3. |
A member of the national civil service to whom the Special Law Concerning
Wages, Etc. of Personnel Working in National Enterprises (Law No.
141 of 1954; hereinafter in this paragraph referred to as “Special
Wage Law”) applies (except, here and hereinafter in this article,
a member of the national civil service who is not required to work
full-time, other than a person who holds an official post with part-time
working hours as provided for in paragraph 1 of Article 81-5 of the
National Public Service Law [Law No. 120 of 1947]) may, upon receiving
the approval of the competent minister provided for in Article 4 of
the Special Wage Law or a person delegated by such minister pursuant
to a cabinet order (hereinafter referred to as “competent minister,
etc.”), take leave in order to care for a person who is a spouse,
parent, child, or parent of a spouse of said member of the national
civil service and who, due to injury, sickness, or physical or mental
disability, has difficulty engaging in ordinary daily life for a period
provided for in the ordinance of the Ministry of Health, Labour and
Welfare referred to in numbered item 3 of Article 2 (hereinafter in
this article referred to as “family member in need of care”). |
| 4. |
The period provided for in the preceding paragraph for which the
leave may be taken shall be a period that is found necessary, up to
three continuous months, for each single continuous condition that
requires care as provided for in the same paragraph per each family
member in need of care. |
| 5. |
When a request for approval is received from a member of the national
civil service who seeks to take the leave provided for in the provisions
of paragraph 3, the competent minister, etc. shall grant such approval,
except for days or hours among those involved in the request which
are found to interfere with the operation of official duties. |
| 6. |
The provisions of the preceding three paragraphs shall apply mutatis
mutandis to an employee of a specified independent administrative
institution as defined in paragraph 2 of Article 2 of the Independent
Administrative Institution General Law (Law No. 103 of 1999; except
a member of the national civil service who is not required to work
full-time, other than a person who holds an official post with part-time
working hours as provided for in paragraph 1 of Article 81-5 of the
National Public Service Law [Law No. 120 of 1947]; hereinafter in
this article referred to as “Employee of a Specified IAI”).
In this case, the phrase “A member of the national civil service
to whom the Special Law Concerning Wages, Etc. of Personnel Working
in National Enterprises (Law No. 141 of 1954; hereinafter in this
paragraph referred to as .Special Wage Law') applies” contained
in paragraph 3 shall be read as “An employee of a specified
independent administrative institution as defined in paragraph 2 of
Article 2 of the Independent Administrative Institution General Law
(Law No. 103 of 1999; hereinafter in this article referred to as .Specified
IAI')”; the phrase “a member of the national civil service
who is not required” contained in paragraph 3 shall be read
as “an employee who is not required”; the phrase “the
competent minister provided for in Article 4 of the Special Wage Law
or a person delegated by such minister pursuant to a cabinet order
(hereinafter referred to as .competent minister, etc.')” contained
in paragraph 3 shall be read as “the head of the Specified IAI
at which the said employee works”; the phrase “said member
of the national civil service” contained in paragraph 3 shall
be read as “said employee”; the phrase “the competent
minister, etc.” contained in paragraph 5 shall be read as “the
head of the Specified IAI”; and the phrase “a member of
the national civil service” contained in paragraph 5 shall be
read as “an employee.” |
| 7. |
The provisions of paragraphs 3 through 5 above shall apply mutatis
mutandis to leave for the purpose of personnel provided for in paragraph
1 of Article 4 of the Local Officials Law (No. 261 of 1950; except,
here and hereinafter in this article, part-time personnel other than
personnel who hold posts with part-time working hours as provided
for in paragraph 1 of Article 28-5 of the same law) taking care of
a family member in need of care. In such case, the phrase “the
competent minister provided for in Article 4 of the Special Wage Law
or a person delegated by such minister pursuant to a cabinet order
(hereinafter referred to as “competent minister, etc.”)”
contained in paragraph 3 shall be read as “the official with
the authority to appoint provided for in paragraph 1 of Article 6
of the Local Officials Law (Law No. 261 of 1950) or a person delegated
by such official (here and hereinafter, with respect to educational
personnel whose prefecture bears the expenses provided for in paragraph
1 of Article 37 of the Law Concerning the Organization and Operation
of Local Educational Administration [Law No. 162 of 1956], the municipal
boards of education),” and “competent minister, etc.”
contained in paragraph 5 shall be read as “the official with
authority to appoint provided for in paragraph 1 of Article 6 of the
Local Officials Law or a person delegated by such official.” |
| 8. |
In cases where, pursuant to the provisions of the main text of paragraph
1 of Article 36 of the Labour Standards Law, the competent minister,
etc. can extend the working hours referred to in the same paragraph
for a member of the national civil service to whom the Special Wage
Law applies, when a member of the national civil service to whom the
Special Wage Law applies who is taking care of a child that has not
yet begun attending elementary school, and to whom none of the numbered
items in paragraph 1 of Article 17 applies, so requests in order to
take care of said child, the competent minister, etc. shall not extend
said member's working hours beyond the standards limiting the extension
of working hours (here and hereinafter in this article, the standards
limiting the extension of Working Hours referred to in the same paragraph),
except that the foregoing shall not apply to cases in which said request
would interfere with the operation of official duties. |
| 9. |
Members of the national civil service to whom the Special Wage Law applies and
who are caring for a child who has not yet reached elementary school age may obtain leave to care for the injury
and/or illness of said child with the approval of the Minister of Agriculture, Forestry and Fisheries, etc. |
| 10. |
The number of days that may be obtained for leave under the provisions of the preceding paragraph shall be five days per year. |
| 11. |
Upon receipt of a request for approval from a member of the civil service desiring the approval of leave under the provisions of paragraph 9,
the Minister of Agriculture, Forestry and Fisheries, etc. shall grant approval in all cases except those in which
there would be impairment to the operation of the civil service. |
| 12. |
The provisions of paragraph 3 shall apply mutatis mutandis to employees of designated
independent administrative institutions. In such cases, the following phrase shall be substituted for the phrase
in paragraph 9: for “members of the national civil service to whom the Special Wage Law applies”
substitute “employees of designated independent administrative institutions,” for
“Minister of Agriculture, Forestry and Fisheries, etc.” substitute “head of the designated
independent administrative institution as set forth in paragraph 2 of Article 2
of the Independent Administrative Institutions General Law for the designated independent administrative institution
where the worker is employed.” In addition, the following phrase shall be substituted
for the phrase in the preceding paragraph: for “Minister of Agriculture, Forestry and Fisheries, etc.”
substitute “head of the designated independent administrative institution as set forth in paragraph 2 of Article 2
of the Independent Administrative Institutions General Law,” for “member of the civil service” substitute
“employee of the designated independent administrative institution.” |
| 13. |
The provisions of paragraph 9 through paragraph 11 shall apply mutatis mutandis to employees of Japan Post.
In such cases, the following phrase shall be substituted for the phrase in paragraph 9:
for “members of the national civil service to whom the Special Wage Law applies”
substitute “employees of Japan Post,” for “Minister of Agriculture, Forestry and Fisheries, etc.”
substitute “Governor of Japan Post.” In addition,
the following phrase shall be substituted for the phrase in paragraph 11: for “Minister of Agriculture, Forestry and Fisheries, etc.”
substitute “Governor of Japan Post,” for “member of the national civil service”
substitute “employee of Japan Post.” |
| 14. |
The provisions of paragraph 9 through paragraph 11 shall apply mutatis mutandis to those employees specified
in paragraph 1 of Article 4 of the Local Civil Service Law. In such cases, the following phrase shall be substituted
for the phrase in paragraph 9: for “members of the national civil service to whom the Special Wage Law applies”
substitute “employees specified in paragraph 1 of Article 4 of the Local Civil Service Law,”
for “Minister of Agriculture, Forestry and Fisheries, etc.”
substitute “person with appointment authority pursuant to paragraph 1 of Article 6 of said Law or his delegate
(the municipal education committee for educators paid by the prefecture pursuant to paragraph 1 of Article 37
of the Law concerning the Organization and Management of Local Educational Administration (Law No. 62 of 1956),
and so hereinafter).” In addition, the following phrase shall be substituted for the phrase in paragraph 11:
for “Minister of Agriculture, Forestry and Fisheries, etc.”
substitute “person with the appointment authority pursuant to paragraph 1 of Article 6
of the Local Civil Service Law or his delegate,” for “member of the national civil service”
substitute “employee as specified in paragraph 1 of Article 4 of said Law.” |
| 15. |
The provisions of the preceding paragraph shall apply mutatis mutandis
to a member of the national civil service to whom the Special Wage
Law applies who is taking care of a family member in need of care.
In such case, the phrase “none of the numbered items in paragraph
1 of Article 19” contained in the same paragraph shall be read
as “none of the numbered items in paragraph 1 of Article 19,
as applied mutatis mutandis in paragraph 1 of Article 20,” and
“to take care of said child” shall be read as “to
take care of said family member in need of care.” |
| 16. |
When an employee of a Specified IAI provided for in paragraph 2
of Article 2 of the Independent Administrative Institution General
Law who is taking care of a child that has not yet begun attending
elementary school, and to whom none of the numbered items in paragraph
1 of Article 19 applies, so requests in order to take care of said
child, the head of the Specified IAI shall not make said employee
work in the late night period, except that the foregoing shall not
apply to cases in which said request would interfere with the operation
of duties. |
| 17. |
The provisions of the preceding paragraph shall apply mutatis mutandis
to an employee of a Specified IAI who is taking care of a family member
in need of care. In such case, the phrase “none of the numbered
items in paragraph 1 of Article 19” contained in the same paragraph
shall be read as “none of the numbered items in paragraph 1
of Article 19, as applied mutatis mutandis in paragraph 1 of Article
20,” and “to take care of said child” shall be read
as “to take care of said family member in need of care.” |
| 18. |
When an employee to whom the provisions of paragraph 1 of Article
4 of the Local Public Service Law applies who is taking care of a
child that has not yet begun attending elementary school, and to whom
none of the numbered items in paragraph 1 of Article 19 applies, so
requests in order to take care of said child, the official with the
authority to appoint provided for in paragraph 1 of Article 6 of the
Local Officials Law (Law No. 261 of 1950) or a person delegated by
such official (here and hereinafter, with respect to educational personnel
whose prefecture bears the expenses provided for in paragraph 1 of
Article 37 of the Law Concerning the Organization and Operation of
Local Educational Administration [Law No. 162 of 1956], the municipal
board of education) shall not make said employee work in the late
night period, except that the foregoing shall not apply to cases in
which said request would interfere with the operation of official
duties. |
| 19. |
The provisions of the preceding paragraph shall apply mutatis mutandis
to an employee to whom the provisions of paragraph 1 of Article 4
of the Local Public Service Law applies who is taking care of a family
member in need of care. In such case, the phrase “none of the
numbered items in paragraph 1 of Article 19” contained in the
preceding paragraph shall be read as “none of the numbered items
in paragraph 1 of Article 19, as applied mutatis mutandis in paragraph
1 of Article 20,” and “to take care of said child”
shall be read as “to take care of said family member in need
of care.” |
Penal Provisions
Article 62.
A person who engages in labour recruitment by violating an order of suspension
of services provided in the provisions of Article 41 of the Employment
Security Law where the same provisions are applied mutatis mutandis pursuant
to paragraph 5 of Article 53 shall be sentenced to not more than one year
or be liable to a fine not exceeding 1,000,000 yen.
Article 63. A person
who falls under any one of the following items shall be sentenced to not
more than six months or shall be liable to a fine not exceeding 300,000
yen:
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(1) |
a person who engages in labour recruitment without notification
provided in the provisions of paragraph 4 of Article 53; |
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(2) |
a person who did not obey instructions provided in the provisions
of paragraph 2 of Article 37 of the Employment Security Law where
the same provisions are applied mutatis mutandis pursuant to paragraph
5 of Article 53; or |
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(3) |
a person who violates the provisions of Article 39 or 40 of the
Employment Security Law where the same provisions are applied mutatis
mutandis pursuant to paragraph 5 of Article 53. |
Article 64. A person
who falls under any one of the following items shall be liable to a fine
not exceeding 500,000 yen:
| |
(1) |
a person who fails to submit a report stipulated in Article 42,
or makes a false report; or |
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(2) |
a person who fails to submit a report stipulated in paragraph 1
of Article 49, submit a false report, or refuses, obstructs or evades
the entry of inspection stipulated in the same paragraph. |
Article 65.
A person who fails to submit a report stipulated in paragraph 1 of Article 50 of
the Employment Security Law where the same provisions are applied mutatis
mutandis pursuant to paragraph 5 of Article 53, or submits a false report,
or refuses, obstructs or evades the entry of inspection stipulated in
the same paragraph, or inspection stipulated in paragraph 2 of Article
50 of the same Law where the same provisions are applied mutatis mutandis
pursuant to paragraph 5 of Article 53 shall be liable to a fine not exceeding
300,000 yen.
Article 66. In case
a representative of a corporation, corporation, or representative of another
party, an employer, or other employee has committed a violation of Articles
62 through 65 with respect to the business of corporation or other party,
the person who committed the violation shall be punished, and said corporation
or the other party shall also be liable to a fine under each of the Articles.
Article 67. In accordance
with the provisions of Article 41, in obtaining the authorization from
the Minister of Health, Labour and Welfare, after failing to obtain said
authorization, an executive of designated corporation who has committed
the violation shall be liable for a non-penal fine not exceeding 200,000
yen.
SUPPLEMENTARY PROVISIONS (ABRIDGED)
Supplementary Provisions (Law No. 160 of December 8, 2004) (Summary)
Date of Enforcement
Article 1.
This law shall enter into force on April 1, 2005.
Studies
Article 2.
The government, if it deems necessary in light of the state of enforcement of the Law concerning
the Welfare of Workers Who Take Care of Children or Other Family Members,
Including Child Care and Family Care Leave as amended pursuant to Article 1
(hereinafter referred to as the “New Law” ), may,
at an appropriate time after the New Law has come into force,
shall carry out comprehensive studies regarding the systems provided for in the New Law for child care leave, etc.
for persons employed for a fixed period of time, and shall take any necessary measures based on the results thereof.
Interim Measures Concerning Application for Child Care Leave
Article 3.
Workers who desire to make application for child care leave under the provisions of paragraph
3 of Article 5 of the New Law after the date on which the law comes into force
(hereinafter referred to as “Effective Date”) may make said application prior to the Effective Date
pursuant to the example set forth in said paragraph and in paragraph 4 of said article.
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