Law Concerning the Welfare of Workers Who Take Care of Children or Other Family Members Including Child Care and Family Care Leave
| Chapter I. | General Provisions |
| Chapter II. | Child Care Leave |
| Chapter III. | Family Care Leave |
| Chapter III-2. | Leave To Take Care of a Sick Child |
| Chapter IV. | Limitation on Extension of Working Hours |
| Chapter V. | Limitation on Late-Night Work |
| Chapter VI. | Measures That Employers Should Endeavor to Adopt |
| Chapter VII. | Measures for Supporting Subject Workers, Etc. |
| Section I. | Support from the State, Etc. |
| Section II. | Designated Juridical Person |
| Chapter VIII. | Miscellaneous Provisions |
Article 1.The purposes of this Law are to promote the welfare of workers who take care of children or other family members and to contribute to the development of the economy and society. These purposes will be accomplished by contributing to the coexistence of such persons' working life and family life by means of promoting the continuous employment and the re-employment of said workers, etc. through such steps as establishing a system for child care leave, family care leave, and leave to take care of a sick child; prescribing measures that the employers are to take concerning working hours, etc. for the purpose of facilitating the care of children and other family members; and taking support measures with regard to said workers, etc.
Article 2.As used in this Law, the definitions of the terms listed in the following numbered items are as set forth therein.
Article 3.As set forth in this Law, the promotion of the welfare of workers, etc. who take care of children or other family members has the principal objective of enabling such workers to engage in a full working life by making effective use of their abilities throughout their working life, and to smoothly fulfill their roles as family members with regard to caring for their children or other family members.
2. A worker who takes leave for the purpose of taking care of children or other family members shall endeavor to make necessary efforts in order to smoothly perform work following the leave.
Article 4.Employers, the State, and local public bodies shall, in compliance with the basic principles provided for in the preceding article, endeavor to promote the welfare of workers, etc. who take care of children or other family members.
Article 5.A worker may take child care leave upon application to his or her employer provided the child to be cared for is less than one year of age. However, persons employed for a fixed period of time shall only be able to make such application when all the following criteria are fulfilled:
| (1) | Persons employed by the employer for a continuous period of at least one year. | |
| (2) | Persons likely to continue to be employed after the date on which their dependent child reaches one year of age (hereinafter referred to as "date on which one year of age reached,"; excludes persons whose labor contract will expire during the next year after the date on which the child reaches one year of age when it is clear that the labor contract will not be renewed). |
3. A worker may take child care leave to care for a child between one year and one year and six months of age upon application to his or her employer only all the following circumstances apply. However, workers employed for a fixed period of time and whose spouse is taking child care leave on the date on which the child reaches one year of age may only make said application when all the following criteria are listed under numbered items of paragraph 1 applies.
| (1) | The worker or the worker's spouse is taking child care leave with regard to the child for whom application is made until the date on which said child reaches one year of age. | |
| (2) | Leave during the period after said child reaches one year of age is deemed particularly necessary for continued employment as set forth by ordinance of the Ministry of Health, Labour and Welfare. |
Article 6.When an employer receives an application for child care leave from a worker, the employer may not refuse said application for child care leave. However, the foregoing shall not apply to cases in which an employer receives an application for child care leave from a worker who comes under the purview of any of the following categories and is provided for as a person who cannot take child care leave by a written agreement between said employer and either a labour union (if there exists a labour union organized by a majority of workers at the workplace where said worker is employed) or the person who represents the majority of such workers (if no labour union organized by a majority of workers at the workplace where said worker is employed exists):
3. When an employer receives an application for child care leave from a worker, if the day defined as the scheduled starting day of child care leave in said application for child care leave is a day before that on which one month (two weeks in the case of applications made under the provisions of paragraph 3 of the preceding article) will have passed calculated from the day following that on which said application for child care leave was received (hereinafter in this paragraph referred to as "day after one month, etc. passes"), then pursuant to ordinance of the Ministry of Health, Labour and Welfare, the employer may designate as the scheduled starting day of child care leave any day from the day defined as said scheduled starting day of child care leave until the day after one month, etc. passes (if a reason provided for in an ordinance of the Ministry of Health, Labour and Welfare, such as the birth of a child before the expected date of birth, arises before said application for child care leave is received, then a day that is provided for in an ordinance of the Ministry of Health, Labour and Welfare and that falls before said day after one month, etc. passes).
4. The provisions of the proviso to paragraph 1 and the provisions of the preceding paragraph shall not apply for workers making application for child care leave pursuant to paragraph 5 of the preceding article.
Article 7.If a reason provided for in an ordinance of the Ministry of Health, Labour and Welfare referred to in paragraph 3 of the preceding article arises, a worker who has applied for child care leave pursuant to provisions of paragraph 1 of Article 5 may thereafter, on or before the day preceding the day defined as the scheduled starting day of child care leave in said application for child care leave (here and hereinafter in this paragraph, if the employer makes a designation based on paragraph 3 of the preceding article, then said employer-designated day), by applying to his or her employer, and for one time only, change the day defined as the scheduled starting day of child care leave in said application for child care leave to a day before said day defined as the scheduled starting day of child care leave in said application for child care leave.
2. In the event that an employer receives an application based on the provisions of the preceding paragraph from a worker, when the said post-change day defined as the scheduled starting day of child care leave in said application is a day before that on which a period provided for in an ordinance of the Ministry of Health, Labour and Welfare as being within one month calculated from the day following that on which said application was received (hereinafter referred to in this paragraph as "day when the period passes"), then pursuant to ordinance of the Ministry of Health, Labour and Welfare, the employer may designate as the scheduled starting day of child care leave for said worker any day from the said post-change day defined as the scheduled starting day of childcare leave in said application until said day when the period passes (if such day is a day after the pre-change day defined as the scheduled starting day of child care leave in said application [here and hereinafter in this paragraph, if the employer makes a designation based on paragraph 3 of the preceding article, then said employer-designated day], then the pre-change day defined as the scheduled starting day of child care leave in said application).
3. A worker who has applied for child care leave may, by applying to his or her employer on or before the day provided for by ordinance of the Ministry of Health, Labour and Welfare, and for one time only, change said day defined as the scheduled ending day of child care leave in said application for child care leave to a day after said day defined as the scheduled ending day of child care leave in said application for child care leave.
Article 8.A worker who has applied for child care leave may withdraw said application for child care leave on or before the day preceding the day defined as the scheduled starting day of child care leave in said application for child care leave (here and hereinafter in paragraph 3 of this article and paragraph 1 of the following article, if the employer makes a designation based on the provisions of paragraph 3 of Article 6 or paragraph 2 of the preceding article, then said employer-designated day; if the scheduled starting day of child care leave is changed based on paragraph 1 of the preceding article, such post-change day defined as the scheduled starting day of child care leave).
2. Except where there are special circumstances as provided by ordinance of the Ministry of Health, Labour and Welfare, a worker who has withdrawn an application for child care leave based on the provisions of the preceding paragraph may not apply for child care leave with regard to the child involved in said application for child care leave, notwithstanding the provisions of paragraph 1 and paragraph 3 of Article 5.
3. If, after an application for child care leave is made and on or before the day preceding the day defined as the scheduled starting day of child care leave, there arises a reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as a reason that cancels the worker's taking care of said child involved in said application for child care leave, such as the death of the child, then said application for child care leave shall be regarded as not filed. In such case, the worker must notify the employer to the effect that said reason has arisen without delay.
Article 9.The period for which a worker who has applied for child care leave may take child care leave (hereinafter referred to as "term of child care leave") shall be the period from the day defined as said scheduled starting day of child care leave until the day defined as said scheduled ending day of child care leave (here and hereinafter in the following paragraph, if said scheduled ending day of child care leave is changed based on the provisions of paragraph 3 of the Article 7, such post-change day defined as the scheduled ending day of child care leave).
2. In the event that any of the circumstances listed in the following numbered items arises, the term of child care leave shall end on the day said circumstance arises (in the case of numbered item 3, the preceding day) notwithstanding the provisions of the preceding paragraph:
Article 10.An employer may not dismiss or otherwise treat a worker disadvantageously by reason of said worker applying for or taking child care leave.
CHAPTER III. FAMILY CARE LEAVE
Article 11.A worker may take family care leave upon application to his or her employer. However, persons employed for a fixed period of time shall only be able to make such application when all of the following criteria are fulfilled:
| (1) | Persons employed by the employer for a continuous period of at least one year. | |
| (2) | Persons likely to continue to be employed after the date on which 93 days elapse beginning with the scheduled starting day of family care leave set forth in paragraph 3 (hereinafter referred to as "date on which 93 days elapse"; excludes persons whose labor contract will expire during the next year after the date on which 93 days elapse when it is clear that the labor contract will not be renewed). |
| (1) | The subject family member has been in a condition that requires continued care from the date on which said family care leave commenced (excluding special circumstances as provided by ordinance of the Ministry of Health, Labour and Welfare). | |
| (2) | With regards to the subject family member, the number of days calculated as shown below (referred to as "term of family care leave, etc." in paragraph 1 of Article 15 and paragraph 2 of Article 23) has reached or exceeded 93 days. |
| A. | Number of days of family care leave (number of days as counted from the day on which family care leave commenced until the day on which family care leave ended; in the case of multiple family care leaves, the number of days found by totaling the number of days from the day on which family care leave commenced until the day on which family care leave ended for each family care leave). |
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| B. | The number of days for which shortened work hours or other measures as set forth in paragraph 2 of Article 23 were provided as set forth in an ordinance of the Ministry of Health, Labour and Welfare (the number of days as counted from the day on which the first of said measures commenced until the day on which the last of said measures ended [when there is a period of family care leave during this time, the number of days from the day on which family care leave commenced until the day on which family care leave ended shall be subtracted], when measures are provided for two or more "in need of care" situations, the number of days found by totaling the number of days from the day on which the first measure commenced until the day on which the final measure ended [when there is a period of family care leave during this time, the number of days from the day on which family care leave commenced until the day on which family care leave ended shall be subtracted]). |
Article 12.When an employer receives an application for family care leave from a worker, the employer may not refuse said application for family care leave.
2. The provisions of the proviso of paragraph 1 (except numbered item 2) and paragraph 2 of Article 6 shall apply mutatis mutandis to the case where an employer receives an application for family care leave from a worker. In such case, the phrase "the proviso of the preceding paragraph" contained in paragraph 2 of Article 6 shall be read as "the proviso of paragraph 1 of Article 6, as applied mutatis mutandis in paragraph 2 of Article 12," and the phrase "paragraph 1 or paragraph 3 of the preceding article" shall be read as " paragraph 1 of Article 11."
3. When an employer receives an application for family care leave from a worker, if the day defined as the scheduled starting day of family care leave in said application for family care leave is a day before that on which two weeks will have passed calculated from the day following that on which said application for family care leave was received (hereinafter in this paragraph referred to as "day after two weeks pass"), then pursuant to ordinance of the Ministry of Health, Labour and Welfare, the employer may designate as the scheduled starting day of family care leave any day from the day defined as said scheduled starting day of family care leave until the day after two weeks pass.
4. The provisions of paragraph 2 and paragraph 3 of this shall not apply when the worker has applied for family care leave pursuant to paragraph 4 of the preceding article.
Article 13.The provisions of paragraph 3 of Article 7 shall apply mutatis mutandis to an application for a change of the scheduled ending day of family care leave.
Article 14.A worker who has applied for family care leave may withdraw said application for family care leave on or before the day preceding the day defined as the scheduled starting day of family care leave in said application for family care leave (here and hereinafter in paragraph 3 of this article, when paragraph 3 of Article 8 is applied mutatis mutandis; in paragraph 1 of the following article; and in paragraph 2 of Article 23, if the employer makes a designation based on the provisions of paragraph 3 of Article 12, then said employer-designated day).
2. If a withdrawal of an application for family care leave is made based on the provisions of the preceding paragraph, then, except for the first application for family care leave made after said withdrawal, an employer may refuse an application for family care leave with respect to the subject family member involved in said withdrawal notwithstanding the provisions of paragraph 1 of Article 12.
3. The provisions of paragraph 3 of Article 8 shall apply mutatis mutandis with regard to applications for family care leave. In such case, "child" and "child care" in the same paragraph shall be read respectively as "subject family member" and "family care."
Article 15.The period for which a worker who has applied for family care leave may take family care leave (hereinafter referred to as "term of family care leave") shall be the period from the day defined as said scheduled starting day of family care leave in said application for family care leave until the day defined as said scheduled ending day of family care leave (if that ending day is a day after found by subtracting from 93 days the number of days of family care leave, etc. taken for the subject family member in the application for family care leave filed by the worker, the day on which said period elapses, and so in paragraph 3 of this article).
2. In this article, in the event that said scheduled ending day of family care leave is changed based on the provisions of paragraph 3 of Article 7 as applied mutatis mutandis in Article 13, the scheduled ending day of family care leave shall refer to the post-change scheduled ending day of family care leave.
3. In the event that any of the circumstances listed in the following numbered items arises, the term of family care leave shall end on the day said circumstance arises (in the case of numbered item 2, the preceding day) notwithstanding the provisions of paragraph 1:
Article 16.The provisions of Article 10 shall apply mutatis mutandis with regard to applying for and taking family care leave.
Chapter 3-2 Leave to Take Care of a Sick Child
Application for Leave to Take Care of a Sick Child
Article 16-2. A worker raising a child not yet of elementary school age may obtain leave to care for said child in the event of injury and/or illness to said child upon application to his or her employer, said leave to be limited to five working days per fiscal year (hereinafter referred to as "leave to take care of a sick child" in this chapter).
2. Applications made under the provisions of the preceding paragraph shall clearly state the days to be obtained as leave to take care of a sick child as provided by ordinance of the Ministry of Health, Labour and Welfare.
3. "Fiscal year" for the purposes of paragraph 1 shall refer to a period that begins on April 1 and ends on March 31 of the following year unless specified to the contrary by the employer.
Obligations of Employers, Etc. upon Receiving an Application for Leave to Take Care of a Sick Child
Article 16-3. When an employer receives an application for leave to take care of a sick child from a worker, the employer may not refuse said application for leave to take care of a sick child.
2. The proviso to paragraph 1 of Article 6 (except numbered item 2) and the provisions of paragraph 2 of Article 6 shall apply mutatis mutandis in the event that the worker has made an application under the provisions of paragraph 1 of the preceding article. In such cases, the words "one year" in numbered item 1 of paragraph 1 of Article 6 shall be read "six months," the words "proviso of the preceding paragraph" in paragraph 2 of Article 6 shall be read "the proviso to paragraph 1 of Article 6 as applied mutatis mutandis in paragraph 2 of Article 16-3," and the phrase "paragraph 1 and paragraph 3 of the preceding article" shall be read "paragraph 1 of Article 16-2."
Application Mutatis Mutandis
Article 16-4.The provisions of Article 10 shall apply mutatis mutandis to applications and leave to take care of a sick child pursuant to paragraph 1 of Article 16-2.
CHAPTER IV. LIMITATION ON EXTENSION OF WORKING HOURS
Article 17.
In cases where, pursuant to the provisions of the main text of paragraph 1 of Article 36 of the Labour Standards Law, an employer can extend the working hours referred to in the same paragraph (hereinafter in this article referred to as "Working Hours"), in the event that a worker who is taking care of a child that has not yet begun attending elementary school, and to whom none of following numbered items applies, so requests in order to take care of said child, an employer shall not extend said worker's Working Hours beyond the standards limiting the extension of Working Hours (here and in the next paragraph, 24 hours per month and 150 hours per year). However, the foregoing shall not apply to cases in which said request would impede normal business operations.
3. If, after a request based on the provisions of paragraph 1 is made and on or before the day preceding the day defined as the scheduled starting day of limitation period, there arises a reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as a reason that cancels the worker's taking care of said child involved in said request, such as the death of the child, then said request shall be regarded as not filed. In such case, the worker must notify the employer to the effect that said reason has arisen without delay.
4. In the event that any of the circumstances listed in the following numbered items arises, the limitation period shall end on the day said circumstance arises (in the case of numbered item 3, the preceding day):
Article 18.The provisions of paragraph 1 (except numbered item 2), paragraph 2, paragraph 3, and paragraph 4 (except numbered item 2) of the preceding article shall apply mutatis mutandis with regard to a worker who takes care of a subject family member in need of care. In such case, the phrase "take care of said child" contained in paragraph 1 of the same article shall be read as "take care of said subject family member"; and the term "child" contained in paragraph 3 and numbered item 1 of paragraph 4 of the same article shall be read as "subject family member."
2. The provisions of the second sentence of paragraph 3 of the preceding article shall apply mutatis mutandis with regard to cases where a reason provided for in an ordinance of the Ministry of Health, Labour and Welfare arises as set forth in numbered item 1 of paragraph 4 of the same article, as applied mutatis mutandis in the preceding paragraph.
CHAPTER V. LIMITATION ON NIGHT WORK
Article 19.In the event that a worker who is taking care of a child that has not yet begun attending elementary school, and to whom none of following numbered items applies, so requests in order to take care of said child, an employer shall not make said worker work in the period between the hours of 10 p.m. and 5 a.m. (hereinafter referred to in this article as "night"). However, the foregoing shall not apply to cases in which said request would impede normal business operations.
3. If, after a request based on the provisions of paragraph 1 is made and on or before the day preceding the day defined as the scheduled starting day of limitation period, there arises a reason provided for in an ordinance of the Ministry of Health, Labour and Welfare as a reason that cancels the worker's taking care of said child involved in said request, such as the death of the child, then said request shall be regarded as not filed. In such case, the worker must notify the employer to the effect that said reason has arisen without delay.
4. In the event that any of the circumstances listed in the following numbered items arises, the limitation period shall end on the day said circumstance arises (in the case of numbered item 3, the preceding day):
Article 20.The provisions of paragraphs 1 through 3 and paragraph 4 (except numbered item 2) of the preceding article shall apply mutatis mutandis with regard to a worker who takes care of a subject family member in need of care. In such case, the phrase "take care of said child" contained in paragraph 1 of the same article shall be read as "take care of said subject family member"; the term "child" contained in numbered item 2 of the same paragraph shall be read as "subject family member"; and the term "child" contained in paragraph 3 and numbered item 1 of paragraph 4 of the same article shall be read as "subject family member."
2. The provisions of the second sentence of paragraph 3 of the preceding article shall apply mutatis mutandis with regard to cases where a reason provided for in an ordinance of the Ministry of Health, Labour and Welfare arises as set forth in numbered item 1 of paragraph 4 of the same article, as applied mutatis mutandis in the preceding paragraph.
CHAPTER VI. MEASURES THAT EMPLOYERS SHOULD ENDEAVOR TO ADOPT
Article 21.Employers shall, with regard to child care leave and family care leave, endeavor to determine the following items in advance and take measures to make them widely known to workers:
Article 22.In order that application for child care leave and family care leave, as well as work following the taking of child care leave and family care leave, are smoothly performed, employers shall endeavor to take necessary measures with regard to [a] the employment management, such as worker assignments, at the workplace where workers who take child care leave or family care leave are employed and [b] the development and improvement, etc. of the working abilities of workers who are taking child care leave or family care leave.
Article 23.Pursuant to ordinance of the Ministry of Health, Labour and Welfare, with regard to a worker among those in its employ who takes care of a child under one year of age(one year and six months in the event that said worker makes an application under paragraph 3 of Article 5 and so for the remainder of this paragraph) but who does not take child care leave, an employer shall take measures, such as shortening of working hours based on application from the worker (hereinafter in this paragraph and in paragraph 1 of Article 24 referred to as "Measures for Shortening Working Hours, Etc."), to facilitate said worker taking care of such child while working, and with regard to a worker among those in its employ who takes care of a child over one year of age and under three years of age, an employer shall take measures in accordance with a system of child care leave or Measures for Shortening Working Hours, Etc.
2. With regard to a worker among those in its employ who takes care of a subject family member in need of care, an employer shall, pursuant to ordinance of the Ministry of Health, Labour and Welfare, take measures, such a shortening of working hours based on application from the worker for a period of 93 consecutive days (if there are one or more days of family care leave, etc. during the period from the day on which said worker was first employed until the day prior to the first day of said consecutive period, a period found by subtracting from 93 days the number of days of said family care leave, etc.; if said worker has taken family care leave for said "in need of care" condition for the subject family member, said consecutive period shall be defined as the period in which the worker did not take family care leave within the consecutive period found by counting from the scheduled starting day of family care leave for the first family care leave that began for the "in need of care" condition for the subject family member ) or more, to facilitate said worker taking care of such subject family member in need of care while working.
Measures Regarding Workers Who Take Care of Children Ranging From Three Years of Age to Not Yet Attending Elementary School
Article 24.With regard to a worker among those in its employ who takes care of a child over three years of age but not yet attending elementary school, an employer shall, in accordance with a system of child care leave or Measures for Shortening Working Hours, Etc., endeavor to take necessary measures.
2. With regard to a worker among those in its employ who takes care of a family member, an employer shall, in accordance with a system of family care leave or the measures provided for in paragraph 2 of the preceding article, endeavor to take necessary measures determined with consideration to such matters necessary to such family care as the term and frequency thereof.
Article 26.When an employer seeks to make a change to the assignment of a worker in its employ which involves a change in the said worker's place of work, if such change in the place of work would make it difficult for the said worker to take care of his or her child or family member while working, the employer must give consideration to the said worker's situation with regard to taking care of his or her child or family member.
Article 27.With regard to a person who left employment by reason of pregnancy, childbirth, child care, or family care (hereinafter referred to as "former employee who left employment due to child care, etc."), an employer shall, as necessary, endeavor to implement special measures for re-employment (here and hereinafter in Article 30 and numbered item 1 of paragraph 1 of Article 39, this refers to measures by which, with regard to a person who is a former employee who left employment due to child care, etc. and who, on the occasion of leaving employment, notified the employer of the business whose employment he or she left to the effect that he or she desired to be re-employed when such work became possible, said employer shall give special consideration in the recruitment and hiring of workers) and other corresponding measures.
Article 28.With respect to measures that employers are to take based on the provisions of Articles 21 through 27 and other measures that employers are to take to ensure the coexistence of the working and family life of a worker who takes care of or is going to take care of a child or family member, the Minister of Health, Labour and Welfare shall determine and make public matters to be incorporated into guidelines in order to promote their appropriate and effective implementation.
Article 29.Pursuant to ordinance of the Ministry of Health, Labour and Welfare, an employer shall endeavor to appoint a person (hereinafter in numbered item 5 of paragraph 1 of Article 39 referred to as "Work-Family Coexistence Facilitation Officer") to take charge of duties to ensure the appropriate and effective implementation of the measures provided for in Articles 21 through 27 and other measures that employers are to take to ensure the coexistence of working and family life for workers who take care of or are going to take care of a child or family member.
CHAPTER VII. MEASURES FOR SUPPORTING SUBJECT WORKERS, ETC.
Section I. Support from the State, 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.
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.
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.
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.
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.
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").
2. 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
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.
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.
Article 37.Conditions may be attached to the designation provided for in paragraph 1 of the preceding article, and such conditions may be changed.
2. 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.
Article 38.The designated corporation shall conduct the following services:
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"):
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.
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.
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.
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.
2. 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.
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.
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.
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.
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.
2. 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.
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.
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
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.
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:
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.
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.
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.
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.
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 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.
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.
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.
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)."
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 ƒ„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 ƒ„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 ƒ„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 17" shall be read as "neither numbered item 1 nor numbered item 3 of paragraph 1 of Article 17, as applied mutatis mutandis in paragraph 1 of Article 18," and "to take care of said child" shall be read as "to take care of said family member in need of care."
16. In cases where, pursuant to the provisions of the main text of paragraph 1 of Article 36 of the Labour Standards Law, the head of a Specified IAI as defined in paragraph 2 of Article 2 of the Independent Administrative Institution General Law can extend the working hours referred to in paragraph 1 of Article 36 of the Labour Standards Law for an employee of a Specified IAI, when an employee of a Specified IAI 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 head of the Specified IAI shall not extend said employee's working hours beyond the standards limiting the extension of working hours, 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 17" shall be read as "neither numbered item 1 nor numbered item 3 of paragraph 1 of Article 17, as applied mutatis mutandis in paragraph 1 of Article 18," and "to take care of said child" shall be read as "to take care of said family member in need of care."
18. In cases where, pursuant to the provisions of the main text of paragraph 1 of Article 36 of the Labour Standards Law, 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) can extend the working hours referred to in paragraph 1 of Article 36 of the Labour Standards Law for an employee provided for in paragraph 1 of Article 4 of the Local Public Service Law, when an employee provided for in paragraph 1 of Article 4 of the Local Public Service 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 17 applies, so requests in order to take care of said child, the said official with the authority to appoint or person delegated by such official shall not extend said employee's working hours beyond the standards limiting the extension of working hours, 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 provided for in paragraph 1 of Article 4 of the Local Public Service Law 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 17" shall be read as "neither numbered item 1 nor numbered item 3 of paragraph 1 of Article 17, as applied mutatis mutandis in paragraph 1 of Article 18," and "to take care of said child" shall be read as "to take care of said family member in need of care."
20. When a request for approval is received from 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 19 applies, so requests in order to take care of said child, the competent minister, etc. shall not make said worker work in the late night period (here and hereinafter in this article, the late night period based on the provisions of the same paragraph), except that the foregoing shall not apply to cases in which said request would interfere with the operation of official duties.
21. 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."
22. 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.
23. 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."
24. 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.
25. 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."
26--30 (Omission)
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:
Article 64.A person who falls under any one of the following items shall be liable to a fine not exceeding 500,000 yen:
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.