Law for Partial Amendments to Worker's Accident Compensation Insurance Law
法令番号: 法律第82号
公布年月日: 昭和24年5月19日
法令の形式: 法律

審議経過

I hereby promulgate the Law for Partial Amendments to Worker's Accident Compensation Insurance Law.
Signed:HIROHITO, Seal of the Emperor
This nineteenth day of the fifth month of the twenty-fourth year of Showa (May 19, 1949)
Prime Minister　YOSHIDA Shigeru
Law No.82
Law for Partial Amendments to Worker's Accident Compensation Insurance Law
Worker's Accident Compensation Insurance Law (Law No.50 of 1947) shall be partially amended as follows:
In Art.3, the word "vessel" shall be added next to the word "cable" in (c), Item 1, Par.1, and the phrase "irrespective of the preceding two paragraphs" shall be added next to the words "This Law" in Par.3.
In Art.18, "stipulated in Art.28, Par.1 or in Art.29" shall be deleted.
In Par.2, Art.25, the following shall be deleted: "except wages that are paid over an interval of more than 3 months, and those payments that are provided for by Ordinance" .
Arts.28 and 29 shall read as follows:
Article 28.　The insured employer shall annually report the estimated amount of premium. The estimated premium shall be calculated by multiplying the estimated total wages of all employees for every insurance year from April 1 to March 31 in the following year (or from the effective date of the insurance to March 31, in case the effective date is later than April 1) by the premium rate, plus other charges required by Ordinance. The report shall be submitted before the end of March (or within 5 days from the effective date of the insurance, in case the effective date is later than April 1). The estimated amount of premium shall be paid within 30 days from April 1 (or 30 days from the effective date of the insurance, in case the effective date is later than April 1).
In case the term of the enterprise is known in advance, the insured employer, irrespective of the provisions of the preceding paragraph, shall report the estimated amount of premium by 10 days before the effective date of the insurance (or by the effective date of the insurance, in case there is a special reason). The estimated amount of the premium shall be calculated by multiplying the estimated total wages of all employees during the expected term of the enterprise by premium rate, plus other charges required by Ordinance. The estimated amount of premium shall be paid within 14 days from the effective date of the insurance.
The insured employer shall be permitted by request to pay the estimated amount of premium prescribed in the preceding two paragraphs by instalments as provided by Ordinance.
In case the insured employer does not submit the report stipulated in Par.1 or Par.2, or in case the Government deems the report faulty, the Government shall, after making investigation, calculate the estimated amount of premium and collect the amount or the difference as the case may be.
Article 29.　In case the estimated total amount of wages in the preceding Article is increased by more than 20 per cent, the insured employer shall make a new report of the estimated amount of premium calculated on the basis of the estimated total amount of wages after the increase and other matters provided by Ordinance within five days from the date of increase, and pay the difference within 30 days from the date of increase.
The following Article shall be added next to Article 29:
Article 29-(2).　In case an increase in premium rates is made the Government any require an additional payment of estimated amount of of premiums.
Art.30 shall read as follows:
Article 30.　An insured employer shall report the actual amount of premium, calculated by multiplying the premium rate by the total amount of wages actually paid to all workers employed during the insurance year, or by the day the insurance effect expires, and also report on other matters provided by Ordinance, within five days from the end of the insurance year or from the day the insurance effect expires.
In case the estimated amount of the premium under the provisions of preceding three Articles exceeds the actual amount of premium under the preceding paragraph, the Government shall return such difference and in case the former is less than the latter the insured employer shall pay the difference within 30 days from the end of the insurance year or from the day the insurance effect expires.
In case insured employer does not report in accordance with the provisions of Paragraph 1 of this Article, or in case any error in the report is found, the Government shall, making a survey, calculate the correct amount of the premium, and collect the difference.
The following Article shall be added next to Article 30:
Article 30-(2).　When the Government collects the amount of premium computed in accordance with the stipulations of Article 28, Par.4 or Article 30, Par.3, or the difference between the paid-up premium and the premium thus computed by the Government, an additional ten per cent of the amount to be collected shall he required as a penalty charge.
In Art.31, Par.1 "fail to pay" shall read "do not pay" .
Art.32 shall read as follows:
Article 32.　The Government shall collect, in case a member of the insurance neglects to pay the premium, the arrear-interest at the rate of 20 sen a day per 100 yen of the assessed premium from the next day after the term of payment to the day before the day of full payment of the premium or attachment of property. However, in case where Ordinance determines, this provision shall not be applicable.
In Art.33 "and other agency corresponding to these" shall be deleted.
The following Article shall be added next to Article 35:
Article 35-(2).　In case an insured employer has an objection to the amount of the premium that government notifies in accordance with the provisions of Par.4, Article 28, Par.3, Article 30, appeal may be made to the chief of the prefectural Labor Standards Office with the reason for the objection.
In Art.36, "or public official" shall be deleted.
Art.37 shall read as follows:
Article 37.　A person who objects to the result of an appeal respecting the levy on premium assessments or other charges under the provisions of Article 35-(2), may petition the competent Minister.
In Art.38, "competent Minister" shall read "Chief of prefectural Labor Standards Office" .
In Arts.48 and 49, "or public official" shall be deleted.
Art.51 shall read as follows:
Article 51.　Deleted.
In Art.52, "10,000 yen" shall read "50,000 yen" and "or public official" in Item 2 shall be deleted.
In Art.53, "5,000 yen" shall read "30,000 yen" and "or public official" in Item 2 shall be deleted.
Supplementary Provisions:
1　This Law shall come into effect as from June 1, 1949, except the amendments to Article 3 which shall come into effect as from Aug.1, 1949.
2　The application of penal regulations for acts which took place before the enforcement of this Law, shall still follow the example heretofore.
Minister of Finance　IKEDA Hayato
Minister of Labor　SUZUKI Masabumi
Prime Minister　YOSHIDA Shigeru