(Object of the Law)
Article 1. The object of this Law is to grant an unemployment allowance or an unemployment insurance benefit to the insured person of Unemployment Insurance Law when he is out of a job.
The unemployment insurance benefit mentioned in the preceding paragraph shall be paid in accordance with the provisions of this Law, irrespective of the provisions of Unemployment Insurance Law.
(Unemployment allowance and unemployment insurance benefit)
Article 2. In case the insured person of Unemployment Insurance Law falls under the following conditions, the government shall pay an unemployment allowance until April 30, 1948 and an unemployment insurance benefit after that date to the insured who comes under the following items:
1. Those who had been employed for more than 6 months before they became unemployed (continuously with the same employer for employment prior to Nov.1, 1947) in the working place mentioned in the provisions of the Unemployment Insurance Law, and;
2. Those who comes under the provisions of the preceding items and became unemployed during the periods of Nov.1, 1947 to April 30, 1948 and do not come under the provisions of Art.15, Par.1 of the Unemployment Insurance Law.
In case the person who is entitled to receive the unemployment allowance (including unemployment insurance benefit mentioned in the preceding paragraph;hereinafter the same, except in the case of Art.16) according to the provisions of the preceding paragraph is again unemployed after being employed in the course of the benefit year mentioned in Art.6, he is eligible for unemployment allowance, irrespective of the conditions mentioned in the preceding paragraph.
(Definition of unemployment)
Article 3. The term "unemployment" in this Law, signifies the. condition in which a worker is out of a job and cannot be employed in spite of his will and ability to work.
The term "separation" in this Law, signifies the condition in which the employment relationship of a worker has terminated.
(Requisites for receipt)
Article 4. A person who meets the provisions of Art.2 (hereinafter called a qualified recipient) shall have to take the following procedures to receive the unemployment allowance:
1. To present the document which certifies him as the qualified recipient stipulated in the provisions of Art.2, Par.1 and other necessary documents to the Public Employment Security Office;
2. To present himself to the Public Employment Security Office to apply for a job and receive the recognition of his unemployment according to the provisions of Cabinet Order.
(Amount of allowance)
Article 5. The unempolyment allowance shall be calculated on the basis of the quotient of the total amount, of wages divided by the number of all days during the two previous months of covered employment for which wages were paid, last month and the month-prior to that month before the separation in which the claimant was paid for 11 or more days of employment (in the case of being separated on the last day of the month, that month shall be used together with the next prior month of a minimum of 11 days of covered employment in the calculation). However, in case the wage paid in the last completed month is higher than that of the previous month on account of the wage raised according to laws, ordinance, orders, etc., or labor contracts or rules of employment, unemployment allowance shall be calculated on the basis of the quotient of the total amount of the wage paid in the last completed month divided by the number of all days during that period.
In case the amount determined by the preceding method does not equal the amount calculated on the basis of the following paragraph, irrespective of the provisions of the preceding paragraph, the unemployment allowance shall be paid as follows:
1. In case the wage is computed by labor days, or labor hours, or defined by piece-rate or other contract price, 70 per cent of the quotient obtained by dividing the total sum of wages by the number of the Labor days during that period, or;
2. In case a part of the wage is defined by month, week, or any other fixed period, aggregate of the quotient obtained by dividing the total sum of those parts by the number of all days during that period and the sum of those computed by the foregoing period.
The unemployment allowance shall be fixed amount which shall be stated in relation to wage grouped into wage classes in a Table of Benefit issued by the Labor Minister. However, the maximum amount of wages on which is calculated as a basis of unemployment allowance shall be fixed at 170 yen per diem.
The median amount of unemployment allowance shall be fixed at approximately 55% of the wage which is calculated according to the provisions of the preceding paragraph of this Article and falls in wage classes of 40 or more yen and less than 80 yen. In case the wage falls in wage classes of 80 or more yen and up to and including 170 yen, the benefit shall be a gradually decreasing percentage of the wage amounting down to approximately, 33% of the 170 yen maximum. In case the wage falls in wage classes of less than 40 yen and down to 10 yen (including all per diem wages of less than 10 yen), the benefit shall be a gradually increasing percentage amounting up to approximately 75% of 10 yen.
When the qualified recipient has carned some income by his labor during a period of unemployment for which he has received recognition by the Public Employment Security Office, in accordance with the provisions of Art.16, he shall be permitted to receive the amount of allowance necessary to bring his earning to approximately 80% of the normal wage on which his allowance was calculated. The specific amount of allowance in such case shall be specified by Cabinet Order.
In case the qualified recipient receives a sickness allowance in accordance with the provisions o Art.55 of the Health Insurance Law, only that part of the unemployment allowance in excess of the sickness allowance shall be paid.
(Benefit year)
Article 6. The benefit year in which a qualified recipient is eligible for receiving unemployment allowance shall be one year as from the following day of the date of separation.
(Waiting period)
Article 7. The unemployment allowance shall not be paid unless a qualified recipient has been unemployed for a period of 30 days in total after his first application for a job to the Public Employment Security Office after he became unemployed. In case, however, the person who had become eligible to receive the unemployment allowance is again unemployed in the course of the benefit year stipulated in the preceding Article, he shall not have to serve an additional waiting period.
(Maximum period of payment)
Article 8. The unemployment allowance shall not be paid for more than one hundred and twenty days in total in the benefit year mentioned in Art.6.
(Adjustment of allowance in relation to unemployment insurance benefit)
Article 9. In case the qualified recipient has fallen under the provisions of Art.15, Pargraph 1 of the Unemployment Insurance Law, the unemployment allowance shall not be paid to him thereafter.
(Restriction on benefit)
Article 10. In case a qualified recipient refuses to accept the job to which he is referred by the Public Employment Security Office or does not obey the direction of the same concerning vocational training, the unemployment allowance shall not be paid to him. However, in case a person comes under any of the following items, this shall not be applicable:
1. In case it is found that the job to which is referred or the job in reference to which vocational training is recommended is unsuitable as compared with the ability of the qualified recipient.
2. In case the movement of domicile or temporary domicile for the purpose of accepting the job to which is referred is difficult.
3. In case the wage is unreasonably lower than the prevailing wage of other workers of the same kind and skill in the same locality.
4. In case the qualified recipient is referred in violation of the provisions of Art.20 of the Employment Security Law to the working places where there a labor dispute is arising.
5. In case there are other justifiable reasons.
The Public Employment Security Office must determine whether or not the qualified recipient comes under any of the items of the preceding paragraph according to the standards set by the Labor Minister after consulting with the Unemployment Insurance Advisory Committee.
Article 11. In case the person stipulated in the provisions of Art.2, Paragraph 1 is dischanged due to his grave misconduct or other reasons which fall on his responsiblity or in case he resigns on his own request without sufficient reason to justify that, the unemployment allowance shall not be paid to him.
The Public Employment Security Office must determine whether or not the unemployment of a qualified recipient is caused by any of the facts mentioned in the preceding paragraph according to the standards set by the Labor Minister after consulting with the Unemployment Insurance Advisory Committee.
Article 12. In case a qualified recipient receives or attempts to receive an unemployment allowance by means of a false statement or other unfair conduct, the unemployment allowance shall not be paid to him.
When the fact mentioned in the preceding paragraph happens, the Government may order the person who thus received the unemployment allowances or his successor to refund the sum corresponding to the amount of unemployment allowance received.
(Method and time of payment)
Article 13. Unemployment allowance shall be paid once a week for the seven preceding day's amount (excluding the amount for the days which a qualified recipient did not have the recognition of unemployment) at the Public Employment Security Office. However, when the Labor Minister deems necessary, he may establish standards for the payment of the unemployment allowance in a different manner after consultation with the Unemployment Insurance Advisory Committee.
The day for the payment of the unemployment allowance shall be decided for each claimant by the Public Employment Security Office and shall be made known to each claimant.
(Prohibition of transference and impounding)
Article 14. The right to receive the unemployment allowance shall not be transferred nor be impounded.
(Exemption from taxes and duties)
Article 15. No taxes and duties shall be imposed on unemployment allowance.
(Expenses for unemployment allowance)
Article 16. The expenses for the unemployment allowance shall be wholly borns by the National Treasury, while one third of the expenses for the unemployment insurance benefit stipulated in Art.2, Par.1 shall be borne by the National Treasury and two third of it by the insurance premium paid according to the provisions of the Unemployment Insurance Law.
(Request for hearing)
Article 17. Any person who is dissatisfied with a decision with regard to payment of unemployment allowance may request a hearing by the Unemployment Allowance Referee. When dissatisfied with the decision thus given he may request a hearing by the Unemployment Allowance Appeal Board. When dissatisfied with the decision given by the latter he may institute a lawsuit in an ordinary court.
Request for hearing stipulated in the preceding paragraph shall be regarded as juridical demand in connection with the interruption of prescription.
(Unemployment Allowance Referee)
Article 18. The Unemployment Allowance Referee shall be appointed by tde Labor Minister and his duties shall be as defined by this Law.
The Unemployment Allowance Referee may make investigations with the exercise of his authority whenever he deems necessary.
When it is deemed necessary for investigation the Unemployment Allowance Referee may ask the opinion of the government officials who have decided upon the payment of unemployment allowance or may direct the qualified recipient or the employer to make reports or to present themselves in the office.
(Unemployment Allowance Appeal Board)
Article 19. The Unemployment Allowance Appeal Board shall consist of the same number of members representing workers, employers and the public interest respectively, and shall be appointed by the Labor Minister.
(Evidence exanination)
Article 20. The Unemployment Allowance Referee or the Unemployment Allowance Appeal Board may, when considered necessary for investigation, question, witnesses or expert witnesses and make other evidence examination.
As for the evidence examination, provisions concerning evidence examination of the Civil Procedure Law and the provisions of Arts.9, 11, 12 and 13 of the Civil Procedure Expenses Law shall be applied mutatis mutandis. However, in reference to the evidence examination made by the Unemployment Allowance Referee or the Unemployment Allowance Appeal Board, no fine may be imposed nor custody ordered.
(Terms of request)
Article 21. Request for hearing, or institution of lawsuit shall be made within sixty days from the date of receipt of written decision. In this case, the provisions of Art.8, Par.2 of the Petition Law shall be applied mutatis mutandis to the request for hearing, and the provisions of Art.158, Par.2 and Art.159 of the Civil Procedure Law to the institution lawsuit.
(Detailed regulation)
Artiele 22. Matters of an administration nature other than provided in the foregoing 5 Articles regarding the Unemployment Allowance Referee and the Unemployment Allowance Appeal Board shall be provided for by Cabinet Order.
(Prescription)
Article 23. The right to receive Unemployment Allowance shall be avoided by prescription after the lapse of one year.
As for the interruption, suspense, and other matters of prescription mentioned in the preceding paragraph, the provisions of the Civil Code concerning prescription shall be applied mutatis mutandis.
(Examption from Stamp duties)
Article 24. Stamp duty shall not be imposed on documents concerning Unemployment Allowance.
(Duty of report, presentation, etc.)
Article 25. The administration office may, as provided for by ordinance, direct the employer who hired qualified recipient or the qualified recipient himself to take reports or to submit documents concerning changes of employment, wage of the qualified recipient and other necessary matters concerned with the enforcement of this Law, and in case of the qualified recipient the said office may present him at the office.
The unemployed insured may request the employer to certify information necessary to determine the eligibility for allowance which will be specified by ordinance. The employer must, when so requested, certify regarding the information concerned.
(Inspection, question and investigation)
Article 26. The administrative office may, when deemed necessary, have the competent officials enter the working places where qualified recipients were employed, question the person concerned or investigate the pertinent decument and ledgers, relating to employment relationship and earnings of the qualified recipients.
In case of the preceding paragraph, the officials shall bear the identification eards to show their authority.
(Penal Regulations)
Article 27. An employer stipulated in Article 25, a person concerning stipulated in Art.26, or a qualified recipient who comes under any of the following items shall be subject to imprisonment of not more than six months or to a fine not exceeding ten thousand (10,000) yen for willful violation:
1. In case the employer refuses to certify in violation of Art.25, Paragragh 2.
2. In case he fails to make a report, make a false report, fails to submit documents, submit false documents, or fails to present himself in the office in violation of the provisions of this Law.
3. In case he fails to make an answer or make a false answer to a question or refuses, interrupts or evades the inspection of the competent officials in violation of the provisions of this Law.
Article 28. In case the conduct of a representative of a juridical person, or a agent of a juridical or natural person, an employee, etc. concerning the business of a juridical or natural person comes under the provisions of the preceding Article, the said juridical or natural person shall be subject to fine as stipulated in that Article besides the conductor himself is punished.