(Requisites for receipt)
Article 15. In case an insured person is unemployed after he has been insured for more than six months in total during the year preceding the date of separation, he shall be eligible for unemployment insurance benefits.
In case a person who is authorized to receive unemployment insurance benefits according to the provisions of the preceding paragragh is again unemployed after being employed in the course of the benefit year stipulated in Art.18, he shall be eligible for unemployment insurance benefits according to the previous qualification, even, if he is not eligible on the basis of a new calculation according to the last paragraph.
Article 16. To receive unemployment insurance benefits a person who comes under the provisions of the preceding Article (hereinafter called a qualified recipient) must present himself at 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 benefit)
Article 17. The unemployment insurance benefit shall be calculated on the basis of the quotient of the total amount of wages, divided by the number of all days during the last two months as are calculated into the insured period, prior to the claimant's separation from employment (in the case of being separated on the last day of the month, that month shall be used in the calculation together with the next prior month of a minimum of 11 days of covered employment). However, in case the wage paid in the last completed month is higher than that of the previous month on account of a wage raise according to laws, ordinances, orders, etc. or labor contracts or rules of employment, unemployment insurance benefits 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 method, the unemployment insurance benefit shall be paid as follows, irrespective of the provisions of the preceding paragraph:
1. In case the wages are 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;
2. In case a part of the wages is defined by the month, week, or any other fixed period, aggregate of the quotient obtained by dividing the total sum of these by the number of all days during that period and sum of those computed by the foregoing item.
The unemployment insurance benefits shall be the fixed amount which shall be stated in relation to wages grouped into wage classes in a Table of Benefit issued by the Labor Minister. However, the maximum amount of wages on which unemployment insurance benefits shall be calculated shall be fixed at 170 yen per diem.
The median amount of insurance benefits shall be fixed at approximately 60% of the wage which is calculated according to the provisions of Pars.1 and 2 of this Article in case it 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 40% of 170 yen maximum, and in case the wage falls in wage classes of less than 40 yen and down to 10 yen (including all per diem wage of less than 10 yen), the benefit shall be a gradually increasing percentage of the wage amounting up to apprximately 80% of 10 yen.
When the Labor Minister finds that a change amounting to 25% or more has occured in average wages paid to workers in manufacturing industries as determined by the Cabinet Bureau of Statistics'Index of wages in manufacturing industry compared with the average wages computed by the same index for the month in which the Table of Benefits took effect, he shall issue a new Table of Benefits fixingg new benefit amounts for new wage classes. The wage which falls in wage classes specified in the preceding paragraph shall be changed in the new Table of Benefits in the same proportion that average wages have changed. Benefit rates as percentages shall remain the same.
When a new Table of Benefits is issued benefits specified therein shall be paid regardless of the provisions of Pars.3 and 4 from the date of the promulgation of the new Table of Benefits.
When the qualified recipient has earned some income by his labor during a period of unempleyment 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 benefits necessary to bring his earnings to approximately 80% of the normal wage which his benefit was calculated. The specific amount of benefitss in such cases shall be specified by Cabinet Order.
In case the qualified recipient receives a sickness allowance in accordance with the provisions of Art.55 of the Health Insurance Law, only that part of the insurance benefit in excess of the sickness allowance shall be paid.
(Benefit year)
Article 18. The benefit year in which a qualified recipient is eligible for receiving unemployment insurance benefits shall be one year as from the following day of the date of the first separation when he comes under the provision of Art.15, Par.1.
In case a qualified recipient is again unemployed after being employed during the course of the benefit year and newly meets the provision of Art.15, Par.1, the benefit year stipulated in the preceding paragraph shall newly be calculated as from the date of the separation.
(Waiting period)
Article 19. The unemployment insurance benefit shall not be paid unless a qualified recipient has been unemployed for a period of seven 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 has become eligible to receive the unemployment insurance benefit 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.
(Term of Benefits)
Article 20. The unemployment insurance benefits shall not be paid for more than one hundred and eighty days in total in one benefit year stipulated in Art.18.
In case a qualified recipient comes under the provisions of Art.18, Par.2 the unemployment insurance benefit according to the previous qualification shall not be paid to him.
(Restriction on benefit)
Article 21. 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 insurance benefit shall not be paid to him for one month after the date. 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 he 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 be is referred is difficult;
3. In case the wage is unreasonably lower than the provailing 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 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 22. In case an insured person is discharged due to his grave misconduct or other reasons which fall on his responsibility or in case he resigns at his own request without any sufficient reason to justify it, the unemoloyment insurance benefit shall not be paid to him for the term not less than one month and not more than two months after the lapse of the waiting period stipulated in Art.19, the length of which shall be directed by the Public Employment Security Office.
The Public Employment Security Office must determine whether or not the unemployment of a qualified recipient is casued 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 23. In case a qualified recipient receives or attempts to receive unemployment insurance benefits by means of a false statement or other unfair conducts the unemployment insurance benefits shall not be paid to him.
In case the fact mentioned in the preceding paragraph happens, the Government may order the person who thus received the unemployment insurance benefits or his successor to refund the sum corresponding to the amount of the benefits received.
(Method and time of payment)
Article 24. Insurance benefits shall be paid once a week for the preceding seven days'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, the Minister of Labor may, when necessary, establish standards for the payment of the unemployment insurance benefits in a different manner after consultation with the Unemployment Insurance Advisory Committee.
The day for the payment of the unemployment insurance benefits 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 25. The right to receive unemployment insurance benefits shall not be transferred nor impounded.
(Exemption from taxes and duties)
Article 26. No taxes nor duties shall be levied on unemployment insurance benefits.
(Payment of travelling expenses)
Article 27. In case a qualified recipient agrees to remore his domicile or temporary domicile to engage in a job placed by the Public Employment Security Office, the expenses required for removal of the qualified recipient and his dependants (including the one who actually live together with him though not legally married) may be paid by the Government.
Necessary matters concerning the payment of expenses as provided for by the preceding paragraph shall be fixed by the Labor Minister after consulting with the Unemployment Insurance Advisory Committee.
The provisions of Art.23 shall apply mutaits mutandis to the case of Par.1.