Enforcement Regulations for the Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members, Including Child Care and Family Care Leave

CHAPTER VI. MISCELLANEOUS PROVISIONS

Application for Authorization

Article 61. A business cooperative association, etc. as provided for in Article 53, paragraph 2, numbered item 2 of the Law that seeks to obtain the authorization provided for in the same numbered item shall submit to the Minister of Health, Labour and Welfare, through the director of the prefectural Labour Bureau that has jurisdiction over the district where its main office is located, an application stating that it seeks to obtain said authorization and setting forth matters pertaining to the standards referred to in the same numbered item.

Delegation of Authority

Article 62. Among the powers of the Minister of Health, Labour and Welfare provided for in Article 37, paragraph 2 and Article 41 of the Employment Security Law (Law No. 141 of 1947) when applied mutatis mutandis as prescribed in Article 53, paragraphs 4 and 5 of the Law, those that concern the following categories of recruitment shall be delegated to the director of the prefectural Labour Bureau that has jurisdiction over the district where the main office of the authorized association of small enterprises is located (here and hereinafter, this refers to an authorized association of small enterprises as provided for in Article 53, paragraph 2, numbered item 2 of the Law):

	(1)	recruitment for which the recruitment area is a district or districts of the prefecture in which the main office of the authorized association of small enterprises is located;
	(2)	in the event that the number of workers to be recruited in districts outside the prefecture in which the main office of the authorized association of small enterprises is located (excluding districts designated by the Minister of Health, Labour and Welfare in view of the state of the labour market, etc. in said districts) is less than 100 (less than 30 in the event that the number of workers to be recruited in a single prefecture is 30 or more), recruitment for which the recruitment area is a district or districts outside said prefecture (excluding recruitment that involves businesses belonging to an industry designated by the Minister of Health, Labour and Welfare in view of the state of the labour market, etc. in said industry).

Matters to Be Notified

Article 63. The matters with respect to the recruitment of workers to be provided for by ordinance of the Ministry of Health, Labour and Welfare as prescribed in Article 53, paragraph 4 of the Law shall be as follows:

	(1)	the name and address of the business establishment involved in the recruitment;
	(2)	the recruitment period;
	(3)	the recruitment area;
	(4)	the job categories, periods of leave, and total number of workers taking child care leave or family care leave whose duties are to be handled by workers involved in the recruitment as provided for in Article 53, paragraph 1 of the Law;
	(5)	the job categories and number of workers to be recruited; and
	(6)	the working conditions pertaining to the recruitment, including wages, working hours, and period of employment.

Notification Procedure

Article 64. The notification provided for in Article 53, paragraph 4 of the Law shall be made separately for (a) recruitment for which the recruitment area is a district or districts of the prefecture in which the main office of the authorized association of small enterprises referred to in the same paragraph is located; (b) recruitment for which the recruitment area is a district or districts outside said prefecture (referred to hereafter in this paragraph as “recruitment outside the prefecture”) and to which the provisions of Article 62, numbered item 2 apply; and (c) recruitment outside the prefecture to which the provisions of the same numbered item do not apply.

Report on Worker Recruitment

Article 65. An authorized association of small enterprises that engages in recruitment as provided for in Article 53, paragraph 4 of the Law shall prepare a report on worker recruitment for each quarter (this refers to the periods January through March, April through June, July through September, and October through December) in accordance with a format prescribed by the director of the Employment Security Bureau, and shall submit it to the director of the Public Employment Security Office involved in the notification referred to in paragraph 2 of the preceding article not later than the last day of the first month of the following quarter.

Application Mutatis Mutandis

Article 66. The provisions of Article 31 of the Enforcement Regulations of the Employment Security Law shall apply mutatis mutandis to a small enterprise that contracts recruitment of workers to an authorized association of small enterprises as provided for in Article 53, paragraph 4 of the Law.

Delegation of Authority

Article 67. The powers of the Minister of Health, Labour and Welfare provided for in Article 56 of the Law, except those involving matters deemed by the Minister to be of national importance, shall be executed by the director of the prefectural Labour Bureau in whose jurisdiction the employer's business establishment is located.

(Supplementary Provisions omitted.)

 

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