A part of the Seamen's Insurance Law shall be amended as follows:
In Art.1, "unemployment" shall be added next to "injury."
In Art.5, "unemployment insurance benefits," shall be added next to "sickness allowance."
The following two paragraphs shall be added to Art.9:
The formerly insured may request the ship-owner to certify information necessary to determine his eligibility for unemployment insurance benefits which information will be specified by Ordinance. The ship-owner must, when so requested, certify regarding the information concerned.
The administrative office may, according to the provisions of Ordinance, cause the insured or the beneficiary to make reports, forward documents or present himself, with regard to his transference, remuneration and other necessary matters.
In Art.10, "and in case where a person other than a ship-owner, ship's husband and lessee employes seamen, such person" shall be added next to "in case of loan of a ship."
In Art.28, Par.3, "in case of granting benefits" shall read "insurance benefits other than unemployment insurance benefits."
In Art.27-(3), "the last average montyly wages" shall read "the last monthly wages" ;in Par.2 of the same Article, "the average monthly wages of three consecutive months immediately preceding (in case the consecutive term of coverage preceding such month is less than three months, such term shall be used instead of the three consecutive months)" shall read "of the monthly wages" and in Par.5 of the same Article, "the last average monthly wages" shall read "the last daily wages."
The following shall be added next to Art.33:
Section 2-(2) Unemployment Insurance Benefits
Article 33-(2). In case an insured person has ceased to be employed as a seamen by a ship-owner and is unable to obtain a job in spite of his will and ability to work, he is eligible for unemployment insurance benefits.
Article 33-(3). Any person who has been an insured person shall not be eligible for unemployment insurance benefits unless he had been insured for more than 6 months in total during the year preceding the day on which he cessed to be employed as a seaman by r ship-owner.
The period of being the insured as provided for in the preceding paragraph shall not include those periods during which he was employed as a seaman by a ship-owner on the basis of any of the following contracts;excepting in cases where a person who had been employed on the basis of such contract as is mentioned in Item 1 or 2 has still been employed by the same ship-owner sucessively after the expiration of the fixed period:
1. A contract under which he is to be employed for a fixed period of not more than two months;
2. A contract under which he is to be employed under a seasonal service for a fixed period of not more than four months.
In cases where a person entitled to unemployment insurance benefits by virtue of the provision of Par.1, was employed again as a seaman by a ship-owner and then ceased again to be employed within the period of one year as provided for in Art.33-(6), Par.1, such person shall, even where he does not come under the provision of Par.1, be entitled to unemployment insurance benefits on the basis of his former qualifications.
Article 33-(4). To receive unemployment insurance benefits, a person who comes under the provisions of the preceding Article must present himself in the Mariners'Employment Security Agency or the Public Employment Security Office to apply for a job and receive the recognition of his unemployment in accordance with the provisions of Cabinet Orders.
Article 33-(5). The unemployment insurance benefit shall be calculated on the basis of the average wages of the last 2 months of the formerly insured person's term of coverage;provided that in case the standard remuneration of the last month is higher than that of the previous month on account of a wage raise according to Laws, Ordinances. Orders, etc. or labour contracts of rules of employment, unemployment insurance benefit shall be calculated on the basis of the standard remuneration of the last month.
The daily sum of the unemployment insurance benefits shall be the amount got by multiplying the daily wages calculated according to the provisions of the preceding paragraph by the rate fixed in the Separate Table No.5 according to the amount of the said daily wages.
When the formerly insured has earned same income by his labour during a period for which he has received recognition by the Mariner's Employment Security Agency or the Public Employment Security Office in accordance with the provision of Art.33-(4) he shall be permitted to receive the amount of benefits necessary to bring his earnings to 80% of the daily wages on which his benefit was calculated. The specific amount of benefits in such cases shall be specified by Cabinet Order.
In case the formerly insured receives a sickness allowance in accordance with the provisions of Art.30, only that part of the unemployment insurance benefit in excess of the sickness allowance shall be paid.
Article 33-(6). The period of receiving unemployment insurance benefits shall be limited to one year beginning with the following day of the date on which the insured ceased to be employed as a seaman by a ship-owner for the first time since he has come under the provision of Art.33-(3), Par.1.
If, in cases where the person mentioned in the preceding paragraph has been employed again as a seaman by a ship-owner during the period as provided for in the same paragraph and then has come under the provision of Art.33-(3), Pat.1, he ceases to be employed as a seaman by a ship-owner, the period mentioned in the preceding paragraph shall be counted anew from the following day of the date on which he ceases to be employed.
Article 33-(7). Unemployment insurance benefits shall not be paid unless the formerly insured has been unemployed for a period of 7 days in total after his first application for a job to the Mariners'Employment security Agency or the Public Employment Security Office in accordance with the provisions of Art.33-(4). This rule, however, shall not be applied to cases where a person who had received unemployment insurance benefits cesses again to be employed as a seaman by a ship-owner in the course of the period provided for in Par.1 of the preceding Article.
Article 33-(8). Unemployment insurance benefits shall not be granted totalling more than the sum for 180 days, within the period mentioned in Art.33-(6), Par.1.
In cases where an unemployment insurance beneficiary comes under the provision of Art.33-(6), Par.2, the unemployment insurance benefits which are based on the former qualification shall not be granted.
Article 33-(9). Unemployment insurance benefits shall be paid once a week for the 7 preceding day's amount (excluding the amount for the days which the formerly insured did not have the recognition of unemployment) at the Mariner's Employment Security Agency, the Public Employment Security Office or the Prefectural Office. However, when the Minister of Welfare deems necessary, he may establish standards for the payment of unemployment insurance benefits in a different manner after consultation with the Seamen's Insurance Committee.
The day for the payment of unemployment insurance benefits shall be decided for each claimant by the Mariner's Employment Security Agency or the Public Employment Security Office and shall be made known to each claimant.
In Art.41, Par.1, Par.3, Art.41-(2), Art.42, Par.2, Art.42-(2), and Art.42-(3), Par.1 "the last average monthly wages" shall read "the last monthly wages."
In Art.46, Par.2, "or in receipt of an unemployment insurance benefit" shall be added next to "at present."
In Art.50-(2), Par.1 and Art.50-(3), "the last average daily wages" shall read "the last daily Wages."
Article 52-(2). In cases where a person who has been insured has refused to accept the job to which he referred by the Mariners'Employment Security Agency or the Public Employment Security Office or does not obey the direction of the same concerning vocational training, unemployment insurance benefits shall not be paid for one month after that date;provided that this shall not apply in cases where he comes under any of the following items:
1. In case it is found that the job to which he is referred or the job in referrence to which vocational training is recommended is unsuitable as compared with the ability of the qualified beneficiary;
2. In case the movement of domicile or temporary domicile for the purpose of accepting the job to which he is referred is difficult;
3. In case the wage for the new job is unreasonably lower than the prevailing wage of other workers of the same kind and skill in the locality;
4. In case the formerly insured is referred in violation of the provisions of Art.20 of the Employment Security Law to the ships or working places where a labour dispute is arising;
5. In case there are other justifiable reasons.
The Mariner's Employment Security Agency or the Public Employment Security Office must determine whether or not the formerly insured comes under any of the items of the preceding paragraph according to the standards set by the Minister of Welfare after consulting with the Seamen's Insurance Committee.
Article 52-(3). In cases where the insured has ceased to be employed as seaman by a ship-owner due to his grave misconduct of material cause for which he is responsible or he resigns owing to personal affairs without any justifiable reason, unemployment insurance benefits shall not be paid for such a period not more than two months and not less than one month counting from the date of expiration of the period mentioned in Art.33-(7) as shall be fixed by the Mariners'Employment Security Agency or the Public Employment Security Office.
The Mariners'Employment Security Agency or the Public Employment Security Office must determine whether or not the formerly insured has ceased to be employed as a seaman by a ship-owner owing to any of the facts mentioned in the preceding paragraph according to the standards set by the Minister of Welfare after consulting with the Seamen's Insurance Committee.
The following one Article shall be added next to Art.57-2 of Chapter III, Section VIII.
Article 57-((3). In cases where a person who had been insured intends to remove his permanent or temporary residence in order to be employed following the recommendation of the Meriners'Employment Security Agency or the Public Employment Security Office, the Government may pay the expenses required for the removal of such person who has been insured and his dependants.
Necessary matters concerning the payment of expenses as provided for by the preceding paragraph shall be fixed by the Minister of Welfare after consulting with the Seamen's Insurance Committee.
The following proviso shall be added to Art.58, Par.1;
provided that, with regard to the grant of unemployment insurance benefits, the National Treasury shall bear one-third of the expenses for the same.
Art.59, Par.2 shall be repealed and the following three paragraphs shall be added to the same Article.
The amount of contribution shall be that got by multiplying the rate of contributions to an insured person's monthly standard remuneration for each month of his term of coverage calculated by the provisions of Art.22, Par.1 or 2.
With regard to an insured person under the provision of Art.20, the amount of contribution for the month in which he has become to be insured under that provision shall be calculated according to the provision of the preceding paragraph.
The rate of contributions to be collected shall be as follows:
1. With regard to an insured person under the provisions of Art.17 who does not come under the second item, 19.2 per cent of his monthly standard remuneration;
2. With regard to an insured person under the contract provided in Art.33-(3), Par.2, 17 per cent of his monthly standard remuneration during the term fixed by the contract;
3. With regard to an insured person under the provisions of Art.20, 12.2 percent of his monthly standard remuneration.
Article 60. Contribution shall be shared by an insured person and a ship-owner employing him in a proportion provided as follows:
1. With regard to an insured person under the provisions of Art.17 who does not come under the second item, 7.9/19.2 and 11.3/19.2 of the whole amount of contributions for an insured person and a ship-owner respectively;
2. With regard to an insured person under the contract provided in Art.33-(2), Par.2, 6.8/17 and 10.2/17 of the whole amount of contributions for an insured person and a ship-owner respectively during the term fixed by the contract.
An insured person under the provisions of Art.20 shall bear the whole contributions regardless of the provisions of the preceding paragraph.
The following one paragraph shall be added to Art.62.
In case a ship-owner has deducted the contribution in accordance with the provision of the preceding paragraph, he must maintain records and inform the insured of the amount of all such deductions.
In Art.69, "without sufficient reasons" shall be added next to "following items," and the following two items shall be added to the same Article:
3. In case he or it fails to pay contributions which he has deducted from insured person's wages in accordance with the provisions of Art.61;
4. In case he or it refuses to certify in violation of Art.9, Par.2.
In Art.69-(2), "without sufficient reasons" shall be added next to "following items."
The following shall be added next to Separate Tabel No.4.
Separate Table No.5.
Rate |
Class Average daily wages |
|
Unemployment Insurance Benefit |
Unemployment Allowance |
|
|
|
|
1- |
Less than 20 yen |
80% |
75% |
2 |
More than 20 yen but |
77 |
72 |
|
less than 25 yen||||3|,, ,, 25 ,, ,, |
75 |
70||,, ,, 30 ,, |
4 |
,, ,, 30 ,, ,, |
73 |
68||,, ,, 35 ,, |
5 |
,, ,, 35 ,, ,, |
70 |
65||,, ,, 40 ,, ,, |
6 |
,, ,, 40 ,, ,, |
67 |
62||,, ,, 45 ,, |
7 |
,, ,, 45 ,, ,, |
65 |
60||,, ,, 50 ,, |
8 |
,, ,, 50 ,, ,, |
63 |
58||,, ,, 55 ,, |
9 |
,, ,, 55 ,, ,, |
60 |
55||,, ,, 100 ,, |
10 |
,, ,, 100 ,, ,, |
57 |
52||,, ,, 110 ,, |
11 |
,, ,, 110 ,, ,, |
55 |
50||,, ,, 120 ,, |
12 |
,, ,, 120 ,, ,, |
53 |
48||,, ,, 130 ,, |
13 |
,, ,, 130 ,, ,, |
50 |
45||,, ,, 140 ,, |
14 |
,, ,, 140 ,, ,, |
47 |
42||,, ,, 150 ,, |
15 |
,, ,, 150 ,, ,, |
45 |
40||,, ,, 160 ,, |
16 |
,, ,, 160 ,, ,, |
43 |
38||,, ,, 70 ,, |
17 |
,, ,, 170 ,, ,, |
40 |
35 |